Building - faster, easier, cheaper: Plans for a (further) reform of the Baden-Württemberg state building regulations
On 23.07.2024, the state cabinet approved its draft for a further reform of the state building regulations.
The "Act for Faster Building" is to rest on four pillars:
1. measures to optimize and accelerate the building permit process
2. reduction of building standards
3. strengthening the (lower) building law authorities and improving the skilled labor situation
4. expansion of renewable energies
The extensive changes to the LBO are to be accompanied by amendments to the LBOVVO, the AGVwGO and the repeal of the entire LBOAVO. The latter is to be integrated into the LBO.
Main contents of the planned reform
In terms of content, the state government's draft bill provides for the following key changes:1. extension of the simplified building permit procedure and introduction of a deemed approval
For the construction etc. of "simpler" building projects, only the notification procedure or the simplified approval procedure are already available today in accordance with Section 51 LBO. Due to the reduced scope of examination and submission in both procedures, these can generally be completed more quickly than the "normal" building permit procedure. In future, this "option model", limited to a choice between the notification procedure and the simplified building permit procedure, is to be extended to all building projects, in particular commercial projects, with Section 52 (1) LBO-E. Special buildings are to be excluded from this - for these, the "normal" building permit procedure should still have to be carried out. This is to be flanked by the introduction of a presumption of approval in the simplified approval procedure. If a building application submitted under the simplified procedure is not approved by the authorities within the legally stipulated period, the approval applied for will in future be deemed to have been granted. After the "decisionless" expiry of the deadline, building owners will have planning certainty; building authorities can consciously use this fictitious effect to deploy staff elsewhere.
2. abolition of the objection procedure
Article 3
Amendment of the Act on the Implementation of the Administrative Court Code
§ The following paragraph 6 is added to Section 15 of the Act on the Implementation of the Code of Administrative Court Procedure of October 14, 2008 (Federal Law Gazette, p. 343, 356), which was last amended by Article 3 of the Act of April 30, 2024 (Federal Law Gazette 2024 No. 29)
"(6) A preliminary procedure is not required in matters under the State Building Code and the Monument Protection Act."
Act for faster construction - Cabinet draft of 23.07.2024
The greatest potential for dispute in the reform is likely to be the planned abolition of the objection procedure.
Baden-Württemberg has so far retained the administrative appeal procedure for reviewing the initial official decision. This means that building owners and third parties entitled to object can request the review of the initial decision from the issuing building authority. If this authority does not uphold the objection, the higher building authority - one of the four regional councils - decides on the objection. Only then is it possible to appeal to the administrative court. The state government wants to put an end to this preliminary procedure in future; the objection procedure in building law matters is to be abolished. As in the majority of other federal states, in future it will be possible (and necessary) to take direct administrative court action against a decision by the lower building authority. This should free up staff capacity at the appeal authorities. These in turn are to be used for advising, training and supporting the lower building law and monument protection authorities.
3. introduction of a type approval
The reform of the LBO is also intended to create the possibility of a so-called "type approval". This is intended to allow the specific design of a building to be approved once (for a limited period of time). Identical construction projects (at other locations) could then be approved without the findings covered by the type approval being checked again separately. This should speed up and simplify the serial construction of uniform and identically constructed structural facilities, e.g. charging stations for electric vehicles.
4. extension of the list of projects not subject to procedures
In accordance with Section 50 (1) LBO, the construction projects listed in the Annex to the State Building Code can be erected, modified or demolished without any approval procedure - without the need for a procedure. This list is to be extended with the reform. In particular, garages, terraces and fuel cells as well as commercial charging stations and their ancillary facilities are to be included.
5. acceleration of neighbor participation
Up to now, neighbors have been able to raise objections to construction projects in accordance with Section 55 (2) LBO within four weeks of being served or otherwise notified of the construction project. With the planned reform of the LBO, this period is to be reduced to two weeks.
6 Building in existing buildings
The planned reform is intended to make changes of use and conversions in existing buildings faster, simpler and more cost-effective.
For the first time, the draft law provides a legal definition of "protection of existing buildings" - the content and scope of which is to be defined.
In addition, changes to the use of existing buildings are not to be subject to current fire protection regulations in future, which are often difficult or costly to comply with.
Conversions of existing buildings are also to be simplified. This is particularly the case if this creates living space. Deviations from building regulations should therefore also be possible for non-residential buildings in future if the conversion creates living space. The declared aim is to make maximum use of the potential for creating living space in existing buildings of all kinds.
7. simplification of fire protection
These simplifications are flanked by a fundamental reduction in individual fire protection regulations. In particular, the draft reform provides for exemptions for the second escape route and a reduction in the requirement for a fire wall. In future, constructional simplifications are also to apply to necessary stairwells.
Finally, the (fire protection) regulations of the LBOAVO are to be completely embedded in the LBO.
8. clearance areas
The requirements for clearance areas are also to be reduced. In future, public-law protection in accordance with Section 5 (1) sentence 3 LBO will not only not be required if a building may be built on the boundary in accordance with an established building method, but also in accordance with an existing building method in the immediate vicinity within the meaning of Section 34 (1) sentence 1 BauGB.
In addition, the calculation of gable areas is to be regulated more simply and comprehensibly; the alternative use of roof areas of existing privileged border buildings should no longer lead to these subsequently losing their privileges.
9. children's playgrounds
With the planned reform of the LBO, building owners should in future also have a real choice between the construction of a children's playground and a monetary compensation for this. In future, the money collected by the municipality is to be used primarily for the construction, expansion and maintenance of existing municipal children's playgrounds.
10. equipping the building authority
In addition to the procedural and substantive changes, the planned reform also provides for changes and adjustments to the (lower) building law authorities. The declared aim is to improve the quality and quantity of staffing and to prevent the authorities from becoming a bottleneck for faster building procedures. To this end, each lower building authority is to be staffed in future with civil servants who are qualified to perform the higher civil engineering administrative service and are qualified to perform the judicial service or the higher administrative service. The authorities will be granted a ten-year implementation period until the end of 2033. The reform also provides for the creation of a knowledge platform on which information from all lower building law authorities can be collected and shared uniformly across the country. Finally, employees of the building law administration are to be able to take part in and provide evidence of a minimum amount of further training in future.
Outlook
The government's reform proposal can currently be commented on here by interested members of the public and experts.
There is an opportunity to do so until 18.09.2024, 17:00. The reform proposal will be forwarded to the state parliament after it has been discussed again by the cabinet, if necessary. The state government's declared aim is to adopt the reform and bring it into force in 2025.
We will of course keep you informed here about any further changes until then and the form in which the planned reform will ultimately become law.
Status: 14.08.2024