In the course of the current participation of the federal states and associations, the bdla has expressed its opinion on the BMWSB's draft bill for the amendment of the Building Code and the Land Use Ordinance.

In recent years, the topics of climate protection, climate adaptation and renewable energies have already been addressed by legislators on several occasions and incorporated into the BauGB in certain areas. The current amendment is now intended to integrate the requirements of climate change and greater flexibility for housing construction into urban planning law in a more comprehensive manner.

We generally welcome the fact that a number of proposals that our profession has been calling for some time for climate-adapted urban development law have been taken into account. In a series of expert discussions, expert panels and the eight recommendations developed in June 2023 pdf Eight recommendations for the appropriate consideration of climate adaptation (866 KB) in urban planning law developed in June 2023, the bdla has already regularly taken a position.

Specific points to highlight include a clearer distinction between the terms "climate protection" and "climate adaptation" and the inclusion of integrated open space development concepts in the consideration sections §§ 1b and 1c. In addition, the clarification of the regulations in Section 136 "Urban redevelopment measures" with regard to climate adaptation is also to be seen as positive.

Regrettably, however, the demand for a binding anchoring of qualified open space design plans or open space statutes and the introduction of a green space factor were not taken into account. Instead of a green space factor, the legislator proposes a so-called sealing factor, which, in the view of the profession, only considers infiltration in a monodimensional way and ignores a holistic approach (biodiversity, heat reduction, etc.).

In the further legislative process, the bdla will press for the above-mentioned elements to be appropriately integrated into the BauNVO. You can download the statement pdf here (118 KB) here.

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