Inhalte
- The Construction Fast-Track: Deviations for Housing Construction
- Expansion of Exemptions for Residential Construction Projects
- Integration into the Surrounding Area
- Municipal Approval
- Extension of Provisions for Areas with Tight Housing Markets
- Emission Quotas and Noise Protection in Development Plans
- Conclusion: Opportunities Created by the Construction Fast-Track for Residential Projects
Bundestag passed the Act to Accelerate Housing Construction and Secure Residential Space on 9 October 2025. The amendments to the Federal Building Code, known as the “Construction Fast-Track”, create extensive possibilities for deviations from planning law requirements for residential construction projects. In addition, new provisions in development plans allow for the establishment of values for noise protection and emission quotas, making it easier to resolve noise conflicts in development plans.
The Construction Fast-Track: Deviations for Housing Construction
The deviation option in Section 246e of the new Federal Building Code (BauGB) constitutes the actual “Construction Fast-Track”. It allows, on a temporary basis until 31 December 2030, deviations from all provisions of the Federal Building Code or other regulations enacted on its basis for the following projects:
- the construction of buildings intended for residential purposes,
- the extension, alteration, or renewal of lawfully constructed buildings if this creates new dwellings or makes existing residential space usable again,
- the change of use of lawfully constructed structures for residential purposes, including any necessary alteration or renewal.
This is subject to the condition that the deviation, taking into account neighbouring interests, is compatible with public interests and does not have any additional significant environmental impacts.
Such a deviation requires the approval of the municipality, which must decide within three months. In outlying areas, the provision only applies to projects that are spatially related to areas covered by a development plan or located within the planning law’s inner area.
This far-reaching deviation option can facilitate many residential construction projects that previously required the preparation of a development plan. If the municipality approves the project, a complex development plan procedure can be avoided in certain cases.
Residential construction projects approved in this way may also include facilities serving the needs of residents for cultural, health, and social purposes, as well as shops meeting residents’ daily needs.
Expansion of Exemptions for Residential Construction Projects
The exemption option for residential construction projects previously provided for in Section 31(3) BauGB will in future also apply outside areas with tight housing markets. In addition, the scope is extended to several comparable cases, whereas previously it was only applicable to individual cases. Exemptions may also be granted for residential construction projects even if the basic principles of planning are affected. However, public interests preclude an exemption if the project is likely to have significant additional environmental impacts.
As this allows for greater deviations from development plans by the municipality, municipal approval is also required for such exemptions.
Integration into the Surrounding Area
In the inner area under planning law, Section 34(3b) of the new BauGB will in future allow, with municipal approval, deviations from the requirement to integrate into the surrounding area for new residential buildings, either in individual cases or in several comparable cases, provided the project is urbanistically acceptable and, taking into account neighbouring interests, compatible with public interests. This already applied to the alteration of existing buildings.
New residential construction projects can thus exceed the existing development in the surrounding area if the municipality approves the project.
Municipal Approval
The municipal approval required for the above deviation and exemption options is regulated in Section 36a of the new BauGB.
The municipality grants approval if the project is compatible with its urban development and planning objectives. It may grant approval subject to the condition that the project developer under-takes to comply with certain urban planning requirements.
As the municipality’s objectives are decisive, there is no entitlement to a corresponding deviation against the municipality’s will. However, if approval is not refused within three months of receipt by the municipality, it is deemed to have been granted.
Extension of Provisions for Areas with Tight Housing Markets
The existing provisions for areas with tight housing markets under Section 201a BauGB, previously limited until 31 December 2026, are extended until 31 December 2031. The approval requirement under Section 250 BauGB for the establishment or division of residential and partial ownership now continues until 31 December 2030.
The approval requirement for the establishment or division of residential and partial ownership continues to apply only to residential buildings that already existed at the time the areas with tight housing markets were first designated by ordinance. New buildings or the subsequent creation of new residential space are not affected.
Emission Quotas and Noise Protection in Development Plans
The new provisions for setting specific values for noise protection and emission quotas in development plans under Section 9(1) No. 23a of the new BauGB can significantly facilitate district developments or other mixed-use areas.
When drawing up development plans, there is now a legally secure basis for regulating emission quotas, which was previously only possible through a division of building areas that was not always easy to justify in urban planning terms. In many district developments, resolving noise conflicts has previously led to significant delays or even the failure of a development plan. The new legal basis can significantly simplify this in the future. It is also possible to deviate from the requirements of the Technical Instructions on Noise Protection (TA Lärm) by setting specific values for noise protection.
If a development plan with deviations from TA Lärm is subsequently declared invalid, Section 216a of the new BauGB contains provisions for resolving this noise conflict by the building supervisory authorities
Conclusion: Opportunities Created by the Construction Fast-Track for Residential Projects
The legislative amendments contain numerous simplifications that can facilitate the implementation of residential construction projects in many cases. However, this presupposes that the municipality approves the project.
The development of mixed-use districts with residential and commercial uses can be facilitated and legally secured by the simplified setting of emission quotas and noise protection values, even if they deviate from TA Lärm.
We are happy to support you in your projects, taking into account the opportunities offered by the new legal provisions.
