The new ‘Bauturbo’ – the interaction between Section 246e of the German Building Code (BauGB) and the Hessian Building Regulations

The ‘Bauturbo’ measure, initially introduced into the Federal Building Code until 31 December 2030, is intended to significantly simplify and accelerate housing construction in local authorities. This is supported and implemented by relaxations in the building regulations of the federal states – with practical implications. 

The federal government’s “Bauturbo”: an overview of Section 246e of the BauGB 

With Section 246e of the BauGB, the legislature has created a special nationwide instrument tailored to housing construction. The scope of application covers new buildings for residential purposes, the extension or alteration of existing residential buildings, and changes of use to residential use. The provision allows for deviations from local authorities’ planning regulations and – contrary to the previous legal situation – also from state building regulations, provided that this results in the creation of housing. A prerequisite is always the consent of the local authority (i.e. municipal planning sovereignty must be preserved) as well as compatibility with public interests and the interests of neighbours – risks to building projects arising from the protection of neighbours therefore remain a possibility.

The “Bauturbo” may also be applied in rural areas, provided the project is spatially connected to already developed areas. In addition, projects serving the social, cultural or health needs of residents may be approved, as may shops catering to daily needs. 

An environmental impact assessment (EIA) remains necessary where significant environmental impacts are anticipated. 

Acceleration at state level, using the Hessian Building Code (HBO) as an example: 

In Hesse, the state legislature has, with the ‘Construction Package I’, streamlined the procedures in housing construction to create living space, in order to further enhance the impact of the federal government’s ‘Bauturbo’. The electronic procedure is to become mandatory. The most important changes include: 

Deemed approval in the simplified procedure 

In the simplified building permit procedure, the building application is now deemed to have been approved once the standard three-month decision period has expired, but no later than after five months without a decision. In addition, a presumption of completeness applies to the building application: if the building control authority does not issue a request for further information within one month, the building application is deemed to be complete. This provides significant planning certainty for developers.

Exemption from planning permission for certain projects 

The conversion and repurposing of attics, both within the scope of a simple development plan and in unplanned inner-city areas, will in future be exempt from planning permission.

Simplifications for special structures and inspection requirements 

The scope of inspection for special structures is reduced, as legislation outside the building sector is no longer automatically subject to building control inspection. This leads to shorter procedural routes and less need for coordination. 

Extended deadlines for construction 

Interruptions to construction work may in future last up to two years without the planning permission lapsing. Furthermore, construction may commence up to five years after the planning permission has been granted. The extended deadlines increase flexibility in project implementation without the loss of legal rights to a planning permission that has already been obtained.

Simplified demolition procedures 

Demolition and the removal of structures will in future be exempt from planning permission, provided that proof of the structural stability of adjacent buildings is available. This eliminates numerous procedural steps. 

New parking space regulations: Greater scope for housing construction 

The costs of housing construction and space constraints associated with inner-city densification are reduced by the following regulations: 

Firstly, the obligation to create new parking spaces is waived if additional living space is created through change of use, conversion or adding storeys. Secondly, in independent cities – in Hesse, this means Frankfurt am Main, Wiesbaden, Darmstadt, Hanau, Kassel and Offenbach – the parking space requirement is waived for the construction of residential buildings with up to 14 residential units.

Innovation clause: Experimental forms of construction and housing 

A key innovation is the innovation clause (Section 73 HBO). It facilitates deviations from building regulations for projects that test new forms of construction or housing. The deviation provision is designed as a discretionary rule, thereby opening up new scope for flexibility in practice.

Practical guidance

Dependence on municipal discretionary decisions 

Deviations from applicable planning law through the “Bauturbo” under Section 246e of the BauGB are only possible if the local authority consents. Whether and to what extent this occurs varies from place to place. In Frankfurt am Main, for example, approvals in outlying areas are excluded, whereas in Heidelberg they are permitted in exceptional cases. The City of Frankfurt am Main is still working on internal processes, responsibilities and consultation procedures – no specific approvals have yet been granted. In Hamburg, by contrast, more than 700 flats have already been approved under the “Bauturbo”, with 1,100 units currently under review. In Düsseldorf, too, several hundred flats are already in the approval process.

Continued application of substantive building law despite procedural simplifications following the amendment to the Building Regulations

Whilst we welcome the relief from administrative burdens resulting from exemption from approval, deemed compliance and the reduction in the review workload by the building control authorities, it should be noted that the developer must themselves observe and comply with all applicable substantive legal provisions. The extensive body of building regulations and ancillary building law continues to apply in full, without the building control authority assisting the developer with the provisions and interpretation thereof through examination and decision-making. Of course, the building owner and their designers are personally responsible in any case; however, the demands on their own legal knowledge regarding the standards and regulations relevant to the project are thus increasing once again – one need only think of the regulations on accessibility or fire safety. The applicability to the construction of boarding houses or micro-living schemes must also be carefully examined in each case, as the question of the distinction between residential and accommodation businesses is regularly fraught with uncertainty anyway.