The cranes are set to start turning again. With the Act on Accelerating Housing Construction and Securing Housing – better known as the "construction turbo" – legislators aim to simplify and accelerate planning and approval procedures in residential construction. Now it's all about implementation.
The law provides for temporary relief and at the same time extends existing protective measures for the rental housing market. In future, municipalities in areas with existing development plans will be able to approve construction projects that deviate from the previous specifications, provided that they serve the purpose of housing construction (Section 31 (3) BauGB). Prior determination of a tight housing market is no longer required for this; the decisive factor is the approval of the municipality.
In the future, municipalities will also be able to grant exemptions in built-up inner areas without an existing development plan. If the extension, alteration or renovation of existing buildings serves to create or restore living space, the previous requirement for integration may be waived. Exemptions are even possible for the initial construction of residential buildings. In such cases, the interests of neighbours must be taken into account and the project must be compatible with public interests.
A particularly far-reaching instrument is the newly introduced Section 246e of the BauGB. Until the end of 2030, municipalities may, in deviation from the provisions of the BauGB, approve construction projects that serve to create or restore living space, for example through new buildings, renovations or changes of use. Under certain conditions, residential construction will even be possible in rural areas in future, which was previously only permitted for privileged projects.
Sven Häberer, specialist lawyer at the law firm Müller Radack Schultz, comments: "The wealth of regulations that pursue the goal of housing construction and the preservation of existing housing is refreshing." However, unclear wording such as "taking into account the interests of neighbours" or "compatibility with public interests" could be used to restrict building applications, as has been the case in the past.
Photo: © Ulrike Mai, Pixabay
