Land use plan and development plan; application for approval

Land use plans and certain development plans require approval by the relevant competent authority.

Land use plans and certain development plans may only come into force if they have been approved. The preparation, amendment, supplementation and also the revocation of land use plans is always subject to approval (Section 6 (1) in conjunction with Section 1 (8) BauGB). Development plans are generally not subject to approval. The exceptions to this principle are regulated conclusively in Section 10 (2) BauGB. Development plans are subject to approval if they are not developed from the land use plan (Section 8 (2) sentence 2 BauGB) or are drawn up, amended, supplemented or revoked in accordance with Section 8 (4) BauGB before the land use plan is drawn up (early development plan). The same applies to development plans that are drawn up, amended, supplemented or revoked at the same time as the land use plan (parallel procedure) and then published before the land use plan (Section 8 (3) sentence 2 BauGB). The provisions on the approval of land use plans pursuant to Section 6 (2) to (4) BauGB apply accordingly to the approval of development plans (Section 10 (2) sentence 2 BauGB).

In the case of development plans for inner-city development, Section 13a (2) no. 2 BauGB permits, as an exception, their preparation in deviation from the representations of the land use plan. This is only to be corrected editorially. The correction is not subject to approval. The same applies to the development plan for internal development that deviates from the land use plan.

Approval for the plans of municipalities belonging to the district is granted by the district administration offices. In the case of plans and statutes of independent towns or large district towns, the respective government is responsible for the decision on approval. Details are regulated by the Ordinance on Competence in the Construction Industry (ZustVBau).

Approval may only be refused if the plan or statutes have not been drawn up properly or if they contradict the Building Code or other legal provisions.

Since 07.07.2023, the deadline for approval is only one month instead of the previous three months (Section 6 (4) sentence 1 BauGB).