Land use plan and development plan; request for information

The task of urban land-use planning is to prepare and manage the structural and other use of land in the municipality in accordance with the German Building Code.

Urban land-use plans are the land-use plan (preparatory urban land-use plan) and the development plan (binding urban land-use plan).

The development plan specifies how properties may be built on. For example, you will find stipulations

• the type and extent of building use,
• the permitted number of storeys and
• the permitted roof shape.

In particular, the development plan must be accompanied by a statement of reasons. It contains explanations of the objectives of the planning as well as the graphic and textual stipulations.

In the land use plan , municipalities outline the intended urban development.

For example, you will find statements on planned

• residential areas,
• commercial and industrial areas,
• green spaces or
• traffic areas.

The accompanying explanatory memorandum explains the objectives of the planning and the representations in the land use plan.

In accordance with Section 6 (5) sentence 3 and Section 10 (3) sentence 2 of the German Building Code ( BauGB ), anyone can inspect the land use plan or development plan and request information about its content.

Current development plans and effective land use plans should be made accessible by the municipalities via the central state portal and on the Internet. This is mandatory for documents relating to public participation procedures in accordance with Section 3 (2) of the Building Code.

You can also request information about development plans or land use plans from the municipality. If you want to know more about land-use plans in the area of a property, you should be able to provide details of the property concerned (e.g. district, parcel number or address).

You have a legal right to inspect the development plan and obtain information from the municipality. The claim can be asserted before the competent administrative court; the action for performance is relevant.

The urban land-use plans can be viewed free of charge on the Internet. On-site inspection at the municipality is also free of charge.

Excerpts from the development plan or the land use plan can be obtained in print or digitally from the municipality for a fee.