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Statutes relevant to planning

Legal basis

Inner area statutes as a planning law instrument give municipalities the opportunity to clearly define the boundaries between inner and outer areas in urban fringe locations by means of local statutes. Such a definition answers many fundamental questions about the developability of land.

The statutes are based on Section 34 of the Building Code (BauGB). Unless more far-reaching provisions have been laid down in the statutes, the development possibilities within the designated inner area are determined by the characteristic surrounding development.

Preservation statutes are local statutes based on Section 172 of the Building Code (BauGB). The federal legislature distinguishes between statutes for the preservation of the urban character of the area (Section 172 (1) No. 1 BauGB) and for the preservation of the composition of the resident population (Section 172 (1) No. 2 BauGB).

As provided for in the Building Code, provisions for preservation based on the above-mentioned legal foundations can be integrated into a development plan. The city of Mainz has only made use of this option in the case of the two development plans F 53 and M 92. All other preservation areas presented in this web presentation have been specified in separate statutes in accordance with Section 172 (1) BauGB.

The texts of the statutes for those conservation areas for which a separate statute exists can be accessed by clicking on the "Display statute/legal ordinance" link in the factual data window of the selected area, as described under "Help and notes." The two integrated conservation areas are defined within the "Textual Specifications" of the corresponding development plans. They can be accessed in the same way as the separate statutes. The text passages relating to the respective conservation area within the "Textual Specifications" are specially marked.

Local design regulations can either be issued as design statutes on the basis of Section 88 (1) of the State Building Code (LBauO) or can also be integrated into a development plan in conjunction with Section 9 (4) of the Building Code (BauGB). Within this web presentation, the design statutes are presented as separate statutes based on Section 88 (1) No. 1 and No. 2 BauGB.

In addition, Section 88 (1) No. 4 LBauO opens up the possibility of enacting statutes that allow for smaller or larger spacing areas than those otherwise prescribed in areas of architectural historical significance or in districts worthy of preservation. These statutes are presented under the heading "Design statutes" if they are separate statutes, but not if they are integrated into a development plan.

Statutes on redevelopment areas are based on Section 142 (1) BauGB. They delimit an area (redevelopment area) in which an urban redevelopment measure is to be carried out, the uniform preparation and rapid implementation of which is in the public interest. Urban redevelopment measures are measures by which an area is significantly improved or redesigned to remedy urban planning deficiencies.

Explanations and notes

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