Law to Speed Up Construction Major reform of Baden-Württemberg's State Building Code approved
According to the stated intention of the relevant ministry, the reform is intended to make construction in Baden-Württemberg faster and easier. Overall, the system is to be shifted from “control” to “facilitation”—not only, but especially with regard to the urgently needed housing construction. To this end, the reform essentially addresses two areas:
Measures to optimize and accelerate building permit procedures (e.g., abolition of the objection procedure, introduction of a presumption of approval, introduction of type approval).
Reduction of building standards wherever possible and justifiable (e.g., simplified construction in existing buildings, simplification of setback regulations, and facilitation of the installation of charging stations).
The state government’s reform proposals, which were already included in last summer’s draft bill, have thus largely prevailed. The most significant changes to the LBO enacted by the law are likely to be:
Introduction of a presumption of approval as an optional choice in the simplified building permit procedure and for the construction of mobile communication facilities of any height.
Elimination of the objection procedure for matters under the State Building Code and the Historic Preservation Act.
Introduction of type approval.
Expansion of the simplified building permit procedure to include, among other things, residential buildings in building class 4.
General exemption from procedural requirements for changes of use to residential use.
Reduction of the neighbor participation period from four to two weeks.
Facilitation of construction in existing buildings through appropriate definitions and waiver of the obligation to comply with current (fire safety) regulations.
Simplified conversion and reconstruction of existing buildings (or parts thereof), particularly for the creation of residential space, e.g., through the right to deviate from setback regulations.
Setback regulations allowing for simplified and expanded uses.
Streamlining and simplification of fire safety regulations, as well as the incorporation of the LBOAVO into the LBO.
Right to a monetary exemption from the obligation to construct children’s playgrounds and earmarking of the exemption amounts.
Freedom from procedural requirements for commercial charging stations for electric vehicles as well.
General procedural freedom for open-space solar installations.
Elimination of the possibility of prohibiting PV systems on fences and on undeveloped land.
Following the publication of the law in the Federal Law Gazette on March 28, 2025 (https://www.baden-wuerttemberg.de/de/service/gesetze-und-verordnungen/gesetzblatt/detail/2025-25), the main part of the reform will take effect three months later, on June 28, 2025.
This leaves little time to familiarize oneself with the sometimes fundamental changes to the State Building Code and the associated (ancillary) laws. Given the comprehensive nature of the reform, legal practitioners and those who apply the Building Code in practice should be particularly informed about the new regulations. To this end, we are offering various lecture events until the reform takes effect and thereafter, in which the most important changes will be reviewed and presented. Dates for these events will be available here shortly, or you can sign up for the public sector newsletter at h.tiesler@voelker-gruppe.com.