Building planning law

In Hesse, the following decrees have been expressly introduced in the area of urban development/building planning law:

• Model Introductory Decree to the Act to Facilitate Planning Projects for the Inner Development of Cities (BauGBÄndG 2007 - Model Decree)
• Working aid for the authorisation of child daycare facilities in purely residential areas under building planning law (2009)
• Implementation of the requirements under building planning law for the obligation to dismantle and provide security in accordance with Section 35 (5) sentences 2 and 3 BauGB for the authorisation of wind turbines in outdoor areas (2011)
• Model introductory decree to the Act on the Promotion of Climate Protection in Urban and Municipal Development (BauGBÄndG 2011 - model decree)
• Information on the privileged status of biomass plants in accordance with Section 35 para. 1 no. 6 BauGB

Not expressly introduced in Hesse, but nevertheless recommended, are the model decrees and model regulations as well as other planning aids from the Conference of Building Ministers, under Model Regulations / Model Decrees -> Urban Development and Planning Aids -> Urban Development. Particular reference should be made to the working aid "Consideration of Article 12 of the Seveso II Directive in building approval procedures in the vicinity of establishments covered by the Directive", which was adopted by the Expert Commission on Urban Development on 11 March 2015 and whose application is recommended. The guideline refers in part to the KAS-18 guideline originally developed for urban land-use planning by the Commission for Plant Safety "Recommendations for distances between operating areas under the Major Accidents Ordinance and areas requiring protection in the context of urban land-use planning - implementation of Section 50 BImSchG, 2nd revised version (Nov. 2010)". Both documents are available for download below.

Notes on the assessment of sites for the accommodation of refugees and asylum seekers in Germany under urban planning law

The requirements under urban planning law for the creation and utilisation of building structures are set out in the Federal Building Code and the ordinances based on it, in particular the Building Utilisation Ordinance. On 26 November 2014 and 24 October 2015, extensive simplifications to the Building Code came into force specifically for the accommodation of refugees and asylum seekers ("Act on Measures in Building Planning Law to Facilitate the Accommodation of Refugees" of 20 November 2014 (Federal Law Gazette I p. 1748) and "Asylum Procedure Acceleration Act" of 20 October 2015 (Federal Law Gazette I p. 1722). The Act introduced clarifications to the Building Code and facilitations for the creation of refugee accommodation for a limited period until 31 December 2019. These simplifications relate to both indoor and outdoor areas. Under certain conditions, refugee accommodation can also be authorised in inner areas if it does not blend in with the immediate surroundings. In addition, refugee accommodation can also be built in commercial, industrial and special areas under certain conditions. The current special regulations of the Building Code for refugee accommodation are available for download below, along with an overview of the permissibility of refugee accommodation in building areas in accordance with the Building Utilisation Ordinance, in other inner areas and in outdoor areas.

Further details can be found in the "Notes on the assessment of sites for accommodation for refugees and asylum seekers in the various areas under building planning law" issued by the Urban Planning Expert Commission on 15 December 2015. They replace the notes from 3 February 2015 and take into account the changes to building planning law as a result of the Asylum Procedure Acceleration Act. They are available for download below, along with an overview of case law (as of January 2015).