Appendix 3D: summary of spatial planning systems: germany



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APPENDIX 3D: SUMMARY OF SPATIAL PLANNING SYSTEMS: GERMANY


Topic

Response

Responsibilities for spatial planning at the national, regional and local level, including the policy themes covered at each level

National: The Bund (Federation) ensures that there is uniformity of spatial planning through legislation.

Regional: The Lander (State) are responsible for spatial planning at the local level, however they must take into account the constitutional guarantee of self-government for local communities.

Local: The Gemeinden (Municipalities) are responsible of the definitive control of land use. Some of their main functions include local administration, local finance, and other community services.

Spatial planning areas

The Federal Republic of Germany is made up of 16 States (Lander) comprising 13 area landers, and three city states (Stadtstaaten). Within the Landers are 324 counties (Landkreise), 110 county-free towns/cities (Stadte), and about 16,000 municipalities (Gemeinden).

Key legislation in relation to spatial planning, spatial planning policy and policy guidance at each level

National: In 1965 the Raumordnungsgesetz (ROG) (federal planning act) was introduced. It contains the framework principles and organisational procedures for all supra-local spatial planning in Germany, and legally enforces that each planning level must take into account the objectives of higher level plans. The Baugesetzbuch (federal building code) is also a main legislation tool at the Bund level.
The Bund (federation), in close co-operation with the Lander (state), employs very general regulations to guide spatial development policy. A detailed report is carried out every few years that addresses spatial planning and related policy issues within Germany.
Fachplanungsgesetze are sector planning acts which cover a wide range of spatial planning issues at the Bund and Lander level.

Regional: Each of the 16 Lander have there own State Planning Act. These must take into account the ROG, however differ in the level that spatial planning is implemented eg. some give power to the state level, while others have a joint agreement with local councils. Spatial plans are prepared with the Gemeinden input, and the aims in these plans must be taken into account at the local level.
Under the constitution the Lander are responsible for carrying out supra-local spatial planning (top-down system). Each Lander has their own spatial planning act called Landesraumordnungsgesetz LROG or Landesplanungsgesetz LPIG. They provide for planning at the Lander level, the organisation of planning at the lower levels and the procedures and rules for the carrying out of regional planning.
The city states incorporate the provisions of the ROG into their own preparatory land use plan for the city.

Local: Spatial planning at the local level (Kommunal) is regulated by the federal building code, called the Baugesetzbuch – BauGB.

Spatial plans produced at each level


National: The Bund (federation), in close co-operation with the Lander (state), employs very general regulations to guide spatial development policy. A detailed report is carried out every few years that addresses spatial planning and related policy issues within Germany.


Regional: The Lander (state) employs spatial plans at two levels. State Development Programmes and State Development Plans are exercised across the State. Regional Plans are then prepared to address the regions within the State. The Municipalities are involved in the preparation of these regional documents, and public consultation is employed.

Local: Local land use plans are developed at this level. The Flachennutzungsplan (preparatory land use plan) controls development within their whole administrative area. The Bebauungsplan (binding land use plan) is used to determine individual building proposals or projects. The Gemeinden are provided with a wide range of planning instruments which allow them to operate strict controls on development within the area. The content of the local land use plans are the responsibility of the Gemeinden yet they must abide by the law.

Key documents/websites used

  1. The EU compendium of spatial planning systems and policies – Germany


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