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BauGB amendment in parliament, simulation game published

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The amendment to the urban planning law has now been discussed in the Bundestag. The expert hearing is pending and a simulation game worth reading has been published.

In September 2024, the Federal Ministry of Housing, Urban Development and Building (BMWSB) published the draft bill to amend the BauGB/BauNVO. The first reading in the Bundestag took place on October 11, 2024, and a public hearing is planned for November 11, 2024. The legislative process in the Bundestag should be completed by the end of 2024.

The German Institute of Urban Affairs (Difu) and the Federal Association for Housing and Urban Development (vhw) have published a simulation game that assesses the practical relevance of the draft legislation presented. The simulation game involved six selected municipalities-Hanover, Leipzig, Bad Homburg, Nordhausen, Höxter and Hemsbach-and placed a particular focus on the new regulations in the areas of urban land-use planning and building land mobilization. It confirmed the basic objectives of the amendment, but also provided valuable tips and recommendations for improving and interpreting the new regulations. Some of the suggestions from the local authorities involved have already been incorporated into the draft bill, and further suggestions for optimization are currently being discussed in the responsible parliamentary committee.

Of particular interest to the profession is the vote on the climate adaptation clause (Section 34 (1) BauGB), which for the first time should give municipalities the opportunity to specify additional requirements for climate adaptation without the need for a development plan. The cities involved rated this regulation positively in principle, although some expressed concerns regarding its feasibility. A stronger formulation of the clause as a statutory authorization was considered necessary in order to set uniform standards in the municipalities and avoid arbitrary administrative action.

The full report on the simulation can be viewed at the following link: https://difu.de/publikationen/2024/planspiel-zur-baugb-novelle-2023-2024.

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