Building law; enactment of local building regulations

The municipalities can issue local building regulations by means of bylaws within their own sphere of influence

1. on special requirements for the external design of buildings for the preservation and design of the townscape, in particular for the greening of buildings,
2. on the prohibition of the erection of advertising structures for reasons of urban design,
3. on the obligation to construct, equip and maintain a playground of appropriate size and equipment when constructing buildings with more than five flats, as well as the location of the playground, the method of fulfilment including the redemption of this obligation; insofar as the obligation also applies to buildings intended for senior citizens and students, the developer shall have the right to redeem this obligation, whereby the redemption amount may not exceed €5,000 per playground to be redeemed; the municipality shall use any money collected from the redemption for the construction or maintenance of local children's or youth leisure facilities,
4. (
   a) the obligation to provide parking spaces or bicycle parking spaces when constructing facilities where access or exit traffic is to be expected; (
   b) the obligation to provide parking spaces or bicycle parking spaces when altering or changing the use of facilities, if this is likely to result in additional access or exit traffic; this does not apply to changes of use, the conversion of attics and the addition of storeys to residential buildings,
   c) a smaller number of parking spaces within the meaning of Article 47(2), second sentence, as well as the fulfilment of the parking space obligation by providing the parking spaces on a suitable plot of land near the building site or by the developer bearing the costs of providing the parking spaces vis-à-vis the local authority (compensation agreement); in the case of a parking space buy-out, the municipality must use the sum of money for the construction of additional or the maintenance, repair or modernisation of existing parking facilities, including the provision of electric charging stations, for the construction and provision of local cycle facilities, for the creation of public bicycle parking spaces and municipal bicycle hire schemes, including the provision of electric charging stations, or for other measures to reduce stationary traffic on the roads, including investment measures for local public transport,
5. on the prohibition of soil sealing, non-vegetated rock gardens and similar monotonous land uses with a high thermal or hydrological load or significantly below-average ecological or residential climatic value,
6. regarding dimensions of the setback area depth that deviate from Article 6:
   a) an increase to up to 1.0 H, with a minimum of 3 m, in particular where this is intended to preserve the character of the built environment within the municipal area or parts thereof, or to improve or maintain the quality of life;
   b) a reduction to up to 0.4 H, at least 3 m, in municipalities with more than 250,000 inhabitants, provided that adequate lighting and ventilation as well as fire safety are ensured.

Local building regulations can also be issued by means of a development plan or, insofar as the Building Code provides for this, by other statutes in accordance with the provisions of the Building Code (Art. 81 Para. 2 Sentence 1 BayBO).

The violation of a local building regulation can constitute an administrative offence that can be punished with a fine of up to €500,000 (Art. 79 Para. 1 Sentence 1 No. 1 BayBO).