“Construction-Boost” – Speeding up for Residential Construction Projects

What is changing?

The newly introduced Section 246e of the Federal Building Code (Baugesetzbuch – BauGB) serves as the central provision of the “Bau-Turbo”. For a limited period until 31 December 2030, it allows for extensive deviations from the applicable planning law.

The Act responds to the recognition that the construction of rental apartments has so far been hindered not only by complex requirements under state building regulations (e.g., regarding fire protection, parking spaces, accessibility), but also by a lack of available land. Frequently, adjacent commercial uses conflicted with residential development, potentially suitable sites were located in outer areas, projects did not fit into the unplanned inner area, or stipulations in the development plan – particularly regarding floor area ratio – prevented expansion. As a result, the provision of land required the establishment or amendment of a development plan first.

Where the statutory requirements are met, deviations from provisions of the BauGB and related regulations are now possible with the consent of the municipality. Notably, consent is deemed granted if it is not refused within three months, as stipulated in the newly introduced Section 36a BauGB.

Specifically:

• Simplification and acceleration of previously often lengthy permitting procedures
• Development of new sites for residential construction projects
• Under certain conditions, realisation of residential construction projects even in outer areas 

What is the key to success?

The innovations introduced by the “Bau-Turbo”, especially in conjunction with cooperative land development, offer significant potential for project developers and investors. 
In addition to compatibility with neighbouring interests and public concerns, the decisive criterion for permitting deviations from planning law in the implementation of residential construction projects is the consent of the respective municipality. Early, close, and persuasive coordination with municipal decision-makers therefore remains essential.

Your next steps

Investors, portfolio holders and developers of residential construction projects should assess whether their projects meet the requirements of the “Bau-Turbo” and can benefit from the new facilitations.

To fully leverage these new opportunities and ensure legal certainty, we are pleased to support you – from the initial project idea through to successful implementation, in dialogue with the competent authorities. Our comprehensive expertise in construction and planning law as well as real estate transactions enables us to advise you on all legal matters relating to your development project.