Building law; enactment of local building regulations

By means of local building regulations, the municipality or city can regulate the design of buildings (e.g. roof shape, materials, etc.), advertising structures and properties (e.g. enclosures, prohibition of rock gardens, etc.) in particular.

The municipalities can issue local building regulations by means of bylaws within their own sphere of influence

1. on special requirements for the external design of buildings for the preservation and design of the townscape, in particular for the greening of buildings,
2. on the prohibition of the erection of advertising structures for reasons of local design,
3. on the obligation to construct, equip and maintain a playground of appropriate size and equipment when constructing buildings with more than five apartments, as well as the location of the playground, the manner of fulfillment including the redemption of this obligation; insofar as the obligation also applies to buildings intended for senior citizens and students, a right of the building owner to redeem this obligation must be provided for, whereby the redemption amount may not exceed € 5,000 per playground to be redeemed; the municipality must use the money collected from the redemption for the construction or maintenance of local children's or youth recreational facilities,
4. via
   a) the obligation to create parking spaces or bicycle parking spaces when constructing facilities that are expected to generate inbound or outbound traffic,
   b) the obligation to create parking spaces or bicycle parking spaces when modifying or changing the use of facilities if this is expected to generate additional inbound or outbound traffic; this does not apply to changes of use, the conversion of attics and the addition of storeys to residential buildings if they are for residential purposes,
   c) a lower number of parking spaces within the meaning of Art. 47 Para. 2 sentence 2 and the fulfillment of the parking space obligation by creating the parking spaces on a suitable plot of land in the vicinity of the building plot or the assumption of the costs for the creation of the parking spaces by the building owner vis-à-vis the municipality (redemption agreement); in the case of a parking space redemption, the municipality must use the amount of money for the construction of additional parking facilities or the maintenance, repair or modernization of existing parking facilities, including the provision of electric charging stations, for the construction and installation of inner-city bicycle traffic facilities, for the creation of public bicycle parking spaces and municipal rental bicycle facilities, including the provision of electric charging stations, or for other measures to relieve the streets of stationary traffic, including investment measures for local public transport,
5. on the prohibition of soil sealing, non-vegetated rock gardens and similar monotonous land uses with a high thermal or hydrological load or significantly below-average ecological or residential climatic value,
6. on dimensions of the spacing depth that deviate from Art. 6,
   a) an increase to up to 1.0 H, at least 3 m, in particular if this is intended to preserve the townscape in the municipal area or in parts of the municipal area or serves to improve or maintain the quality of living,
   b) a reduction to up to 0.4 H, at least 3 m, in municipalities with more than 250,000 inhabitants, if sufficient lighting and ventilation as well as fire protection are ensured.

Local building regulations can also be issued by means of a development plan or, insofar as the Building Code provides for this, by other statutes in accordance with the provisions of the Building Code (Art. 81 Para. 2 Sentence 1 BayBO).

Violation of a local building regulation may constitute an administrative offense punishable by a fine of up to €500,000 (Art. 79 Para. 1 Sentence 1 No. 1 BayBO).