The non-profit Verband Wohneigentum homeowners’ association welcomes the amendment to Section 246e of the German Building Code (BauGB) as a “breakthrough for owner-occupiers” and advocates a deemed-consent provision.
Draft legislation revised
In the new draft of the legislation to accelerate housing construction, the Federal Ministry for Housing, Urban Development and Building has taken up a key demand made by Verband Wohneigentum: in future, the experimental clause (Section 246e BauGB) is to apply without a minimum number of residential units. This will make it possible to approve smaller building projects more quickly and with legal certainty, such as adding an annexe flat or converting an outbuilding.
“This is real progress – especially for owners who want to create a home on their own property for children, parents or carers,” explains Verena Örenbas, Federal Managing Director of the homeowners’ association. “Small-scale infill development will become simpler in legal terms and possible with less bureaucracy.” This flexibility would support both the creation of new homes and the adaptation of existing buildings to changing circumstances – for example in old age or where care is needed.
Local authorities must act
For a limited period until 31 December 2030, Section 246e BauGB will permit departures from existing planning law, provided that the competent municipality approves the project. “If this window of opportunity is to be used, local authorities now need to play their part,” says Örenbas. The association warns that, without clear statutory deadlines, a legal entitlement and an obligation for the municipality to state its reasons, worthwhile projects could be rejected or delayed.
In favour of deemed consent
Verband Wohneigentum e.V. is therefore calling for deemed consent based on the model in Section 36(2) BauGB – if a municipality does not decide within a specified period, consent is deemed to have been granted. “This is the only way to create the certainty for planning and investment that many owners urgently need,” Örenbas emphasises.
Owner-occupation as part of the solution
For decades, owner-occupiers have made an important contribution to the supply of housing by maintaining existing homes, using land sustainably and building for several generations. The amended draft legislation recognises this contribution in a central planning instrument for the first time.
“Close to family, sustainable and straightforward – housing construction must be able to work this way too,” Örenbas concludes. “What matters now is that this new opportunity is used at every level.”