The "construction turbo" can be started

Further and new acceleration options for residential construction have been under discussion since 2024. Now far-reaching authorisation simplifications are coming into force: almost everything "can" - nothing "must".

Background and reason

The last government had already announced a comprehensive revision of the German Building Code (BauGB) and presented it in autumn 2024; the law was not passed as a result of the new elections. Against the backdrop of an overburdened housing market and the analysis that the approval procedures for residential construction were too time-consuming, the new government announced measures within the first 100 days. The "Act to Accelerate Housing Construction and Secure Housing" was introduced into the parliamentary process in June 2025 and finally passed in the Bundestag on 9 October 2025 and in the Bundesrat on 17 October 2025.

Key contents

The central concern of the legislator is to enable the approval of residential construction projects without prior planning procedures, even in places where residential construction could not previously be approved at all or not to the desired extent. This is because the development plan procedures in particular, which are regularly required to obtain planning permission, are described as an obstacle to more residential construction due to their complexity and the associated time required.

Exemption in accordance with Section 31 (3) BauGB

In order to achieve this goal, existing regulatory instruments will be expanded. In future, exemptions from the provisions of a development plan will also be granted in favour of residential construction if the projects applied for go beyond the scope of the existing plan ("affect the basic principles of planning") and a large number of such deviations are to be expected in the plan area ("in several comparable cases"). In contrast to the previous regulation, this authorisation option is now to be applied indefinitely and everywhere, and no longer just in municipalities with a tight housing market. The aim here is, for example, to be able to authorise the addition of storeys to entire streets without the need for a planning procedure, or to allocate back land or inner courtyard areas to residential construction.

Deviation from the requirement to blend in, Section 34 (3a, 3b) BauGB

Residential construction should also be possible on supermarkets, for example, even if the residential use on these properties does not fit in with the previously dominant retail use. It should also be possible to realise conversions, as well as completely new construction projects, in areas or zones that were previously either not intended for residential use (e.g. commercial areas) or could not be developed at all, e.g. as open spaces.

The "building turbo": Section 246e BauGB

On the other hand, it should be possible to deviate from all planning law requirements for new buildings, extensions or (usage) changes in favour of residential construction until the end of 31 December 2030. This should, for example, also expressly allow residential construction in outdoor areas, at least at the transition between inner and outer areas; the explanatory memorandum to the law mentions a possible distance of up to 100 metres to the inner area if the infrastructural connection is guaranteed. Instead of a full environmental assessment as a rule, only a rough assessment of the likely additional environmental impact is initially required. A (strategic) environmental impact assessment is only required if such impacts are identified. Finally, the broad scope of application intended by the legislator is made clear by the fact that, in addition to residential use, daycare centres or care facilities and shops to meet the daily needs of residents can also be approved via this instrument. According to its explanatory memorandum, the government's intention is "at best" to save over 74,000 development plan procedures per year in Germany.

Discretion of the planning permission authority and consent of the municipality, Section 36a BauGB

However, building owners are not entitled to any of the building options described above. The approval of such building applications is at the discretion of the relevant planning permission authority and may not be granted without the consent of the respective municipality. A lack of consent cannot be replaced by a higher authority. The municipality grants consent if the project is compatible with its ideas of urban development and order; it can grant its consent on the condition that the developer undertakes to comply with certain urban planning requirements. These regulations summarise a previously common practice, particularly in connection with exemption decisions: The developer must contractually assume certain obligations, e.g. a quota for subsidised housing, development, or similar. Only then will the planning application be approved.

Overview of other new regulations

The law also extends the options for designating areas with a tight housing market, Section 201a BauGB, and making the division into condominiums in these areas dependent on approval, Section 250 (1) BauGB. For development plan procedures, the catalogue of considerations is somewhat diversified, section 1 (6) nos. 8 and 9 BauGB. The options for determining immission values and noise quotas have been expanded, Section 9 (1) No. 23a BauGB; this expansion is flanked by a specific plan maintenance regulation in Section 216a BauGB. Finally, the admissibility of projects by the German Armed Forces and allied armed forces under planning law was extended at very short notice with Sections 37 (2) and 37a BauGB.

Assessment and outlook

Everything "can" - nothing "must". This summarises the regulatory content of the law. The "construction turbo" can only be ignited together with the respective administration. It will therefore really help and presumably be able to accelerate enormously where the stakeholders are in agreement but lack suitable organisational options for quick decisions. This potential impact should not be underestimated, especially in the local area, and it is worth seizing this opportunity and entering into dialogue locally. The new acceleration options are not a panacea for (very) large, politically difficult or particularly sensitive projects, nor for cases in which politicians or administrations "do not want" the projects. Ultimately, the new federal regulations do not directly influence the procedural processes organised under state law and the factual and personnel resources of the specific approval authorities, for which the local authorities are regularly responsible. At this level, the will to reform and organise is still required in order to be able to effectively apply the new regulations within reasonable procedural periods.

(Act to accelerate housing construction and to secure housing, BT-Drs. 21/2109)