Building Law; Adoption of Local Building Regulations

Municipalities may, through statutes, enact local building regulations within their own jurisdiction

1. regarding specific requirements for the exterior design of buildings to preserve and enhance the character of the townscape, particularly with regard to the greening of buildings,
2. prohibiting the installation of advertising structures for reasons of townscape design,
3. regarding the obligation to construct, equip, and maintain a playground of appropriate size and with appropriate facilities when erecting buildings with more than five residential units, as well as the location of the playground and the manner of fulfilling this obligation, including the option to purchase an exemption from it; insofar as this obligation also applies to buildings intended for housing seniors and students, the building owner shall be granted the right to pay a fee in lieu of this obligation, whereby the fee may not exceed €5,000 per playground for which the obligation is waived; the municipality must use the funds collected from such payments to construct or maintain local recreational facilities for children and youth,
4. regarding
   a) the obligation to provide parking spaces or bicycle parking spaces when constructing facilities where incoming or outgoing traffic is to be expected,
   b) the obligation to provide parking spaces or bicycle parking facilities when facilities are modified or their use is changed, if this is expected to result in additional traffic entering or exiting the site; exceptions are made for changes in use, the conversion of attics, and the addition of stories to residential buildings, provided they are for residential purposes,
   c) a reduced number of parking spaces as defined in Article 47(2), second sentence, as well as fulfillment of the parking space requirement by providing the parking spaces on a suitable parcel of land near the construction site or by the developer reimbursing the municipality for the costs of providing the parking spaces (parking space buyout agreement); in the case of a parking space buyout, the municipality must use the funds to construct additional parking facilities or to maintain, repair, or modernize existing ones, including the installation of electric charging stations, for the construction and equipping of intra-municipal bicycle facilities, for the creation of public bicycle parking spaces and municipal bicycle-sharing systems, including the installation of electric charging stations, or for other measures to reduce stationary traffic on streets, including capital investments in local public transit,
5. regarding the prohibition of soil sealing, non-green rock gardens, and similarly monotonous land uses with a high thermal or hydrological load or a significantly below-average ecological or residential climate value,
6. regarding setback depths that deviate from Article 6,
   a) an increase to up to 1.0 H, with a minimum of 3 m, particularly if this is intended to preserve the character of the townscape within the municipal area or in parts thereof, or to improve or maintain the quality of life,
   b) a reduction to up to 0.4 H, with a minimum of 3 m, in municipalities with more than 250,000 residents, provided that adequate lighting, ventilation, and fire protection are ensured.

Local building regulations may also be enacted through a zoning plan or, to the extent provided for by the Building Code, through other ordinances in accordance with the provisions of the Building Code (Art. 81(2), sentence 1, BayBO).

A violation of a local building regulation may constitute an administrative offense punishable by a fine of up to €500,000 (Art. 79(1), sentence 1, no. 1 BayBO).