The glossary

Planning terms are often rooted in the administrative and planning culture of a particular country and cannot be straightforwardly translated.

The English-language glossary presented here is intended to offer a translation and elucidation of central terms in the German planning system to a non-German speaking readership in the interests of facilitating discourse.

Our intention is to ensure as much consistency as possible in the key terms used throughout this platform and the publications of the ARL that can be found here.

The definitions used are based on those found in the national glossary for Germany, which was elaborated in the framework of the BSR INTERREG III B project COMMIN.

Click here to perform a search based on the English term.

Hier können sie vom deutschen Begriff ausgehend suchen.

F

federal and state sectoral planning legislationFachplanungsgesetze auf Bundes- und Landesebene

Sectoral planning with a significant impact on space and thus on spatial planning is governed by distinct legislation. The most important federal planning acts include the following:

Transport and communication

  • General Railway Act
  • Federal Highways Act
  • Federal Waterways Act
  • Federal Air Traffic Act
  • Passenger Transport Act
  • Telegraph Routes Act;

Utilities

  • Energy Industry Act
  • Waste Avoidance, Recovery and Disposal Act
  • Federal Mining Act
  • Federal Water Act;

Environment and nature conservation

  • Federal Soil Protection Act
  • Federal Immission Control Act
  • Federal Nature Conservation Act
  • Federals Forest Act;

Agriculture

  • Land Consolidation Act
  • Act on the Joint Task

“Improvement of Agrarian Structure and Coastal Preservation”
Federal sectoral planning acts are often concretised by state legislation, for instance state nature conservation acts and state highway legislation.

Federal and state sectoral planning legislationFachplanungen, raumwirksame

Sectoral planning is the systematic preparation and execution of measures within one specific sector of public policy by the competent sectoral authority (federal or state ministry, local sectoral authorities or other bodies governed by public law). Sectoral planning is deemed to be spatially relevant when it directly or indirectly influences the development of spatial structures. Planning in the transport, energy, environmental, waste management, and water management sectors has a major impact on space, and is concerned particularly with public infrastructure projects (including roads, canals, airports, power lines, sewage plants, fortifications). Some sectoral planning also provides for the designation of protected areas to safeguard public interests. Particularly concerned are nature reserves, landscape and water conservation areas, restricted areas for military facilities, and building protection areas in the vicinity of airports and airfields.

A legal basis has been created for each of these types of sectoral planning (e.g. Federal Highways Act, Federal Nature Conservation Act, the Federal Water Act), laying down the tasks and competencies of each authority and regulating planning approval procedure. The relevant legislation contains what are referred to as “spatial planning clauses” included with the purpose of safeguarding the requirements of federal and state spatial planning. The coordination of state and regional planning is indispensable, since sectoral planning generally goes beyond the territory of a single local authority, so that urban development planning can exert only limit influence.

Federal Building CodeBaugesetzbuch (BauGB)

The Federal Building Code is the most important plank of urban development law. It contains four chapters:

  • Chapter One: General Urban Planning Law;
  • Chapter Two: Special Urban Planning Law;
  • Chapter Three: Other Provisions;
  • Chapter Four: Transitional and Concluding Provisions.

General urban planning law covers such areas as urban land-use planning, building permission, land reallocation, expropriation and compensation, infrastructure provision and servicing, and nature conservation. Special urban planning legislation is concerned principally with urban rehabilitation, urban development and redevelopment, the preservation of physical structures and the specific character of areas, and urbandevelopment enforcement orders. Other provisions deal with valuation, competencies, administrative procedures and planning safeguards.

Federal CouncilBundesrat

In the Federal Republic of Germany, the term Bund (“Federation“) is used to refer to central government as opposed to the component states (“Länder”). This division of government into federal and state levels is the result of the federal constitution of Germany. Although the states how their own governments, administrations, and courts, sovereignty at international law is vested solely in the federation.

The distribution of competencies and sovereign rights between the federation and the states is laid down by the Basic Law. The most important constitutional organs at the federal level are the Bundesrat (Federal Council), the Bundestag (Parliament), the Federal Chancellor, the Federal Government, and the Federal Constitutional Court.

The administrative institutions of the federation are the federal ministries (government departments) The ministry responsible for spatial planning is the Federal Ministry of Transport, Building and Urban Development.

Federal planning authoritiesBundesbehörden für räumliche Planung

The highest federal authorities in the Federal Republic of Germany are the federal ministries, each led by a federal minister nominated by the federal chancellor and appointed by the federal president. The Federal Ministry of Transport, Building and Urban Development (BMVBS) is responsible for spatial planning. It is also the most important federal government investor, since all federal responsibilities for transport and physical infrastructure are concentrated under its roof.

A particularly important subordinate higher federal authority within the purview of the BMVBS is the Federal Office for Building and Regional Planning (BBR). The BBR assists the federal government with expert advice on spatial and urban planning, as well as on housing and building. Within the BMVBS, the (standing) Conference of Ministers for Spatial Planning (MKRO) and the Advisory Council on Spatial Planning are two important advisory institutions (=Federal Insitute for Research on Building, Urban Affairs and Spatial Development)

Federal spatial planning (Bundesraumordnung)Bundesraumordnung

Since the federalism reform of 2006, the Basic Law assigns competence in spatial planning to the federal government in the context of concurrent legislation (formerly framework legislation). Federal law settles the fundamental issues of spatial planning; the states can derogate from the provisions adopted. Under the Federal Spatial Planning Act as currently amended, the federation is not limited to formal, organisational arrangements but can also lay down substantive spatial planning principles constituting the general, superordinate model for spatial development, planning, and protection of the national territory. An amended version of the Federal Spatial Planning Act is planned following changes in the distribution of competencies between the federal and state governments under the federalism reform. Over and above the Federal Spatial Planning Act, the federation has legislative and administrative powers in a number of other fields of relevance for spatial planning at the national level (e.g., spatially relevant sectoral planning).

Federal Spatial Planning ActRaumordnungsgesetz

The Federal Spatial Planning Act is a federal act containing provisions on the conditions, functions, and guideline of spatial planning. Legislative competence is vested in the federation. The Federal Spatial Planning Act is divided into four parts: Part 1 contains all the general provisions which apply directly to spatial planning at the federal and state levels. They cover the function, guideline, and principles of spatial planning and definitions of key terms; they also establish the binding effect of spatial planning requirements. Part 2 assigns powers to the federation to pass framework legislation to guide spatial planning in the states, and, as well as setting out the rules to be observed in drawing up spatial structure plans, provides the instruments for securing spatial planning requirements. Being framework legislation, this part requires filling out by state law. Part 2 also establishes the power to issue ordinances. Part 3 regulates spatial planning at the federal level and introduces the duty of mutual notification and consultation between federal and state governments. Particular emphasis is given to the role played by federal-level spatial planning as the link between state spatial planning and EU planning. Part 4 covers the usual transitional and concluding provisions.

Federal stateBundesland

The Federal Republic of Germany is composed of sixteen states (Länder, singular Land). The states are also commonly referred to as “Bundesländer” (“states of the federation”), although this term has no legal status. They are Baden-Württemberg, Bavaria, Brandenburg, Hessen, Mecklenburg-Western Pomerania, Lower Saxony, North Rhine-Westphalia, Rhineland Palatinate, Saarland, Saxony, Saxony-Anhalt, Schleswig-Holstein and Thuringia, and the three city-states Berlin, Bremen, and Hamburg. The city-states are both cities and states, and are not subdivided into municipalities. Other subdivisions of states, often with administrative autonomy are districts (Regierungsbezirke), counties, associations of municipalities, and municipalities. In keeping with the federal principle of government, the sixteen states have their own constitutions and territories, independent state authority encompassing legislature, executive, and judiciary.

The states perform the governmental functions assigned to them by the Basic Law and the state constitutions. The focus is less on independent legislation than on administration and on participation in federal legislation, which state governments exercise through the Federal Council (Bundesrat). In the system of territorial units for statistical purposes (NUTS) developed by Eurostat for us in Europe, the 16 states of Germany are NUTS 1 entities.

Federation, federal governmentBund

In the Federal Republic of Germany, the term Bund (“Federation“) is used to refer to central government as opposed to the component states (“Länder”). This division of government into federal and state levels is the result of the federal constitution of Germany. Although the states how their own governments, administrations, and courts, sovereignty at international law is vested solely in the federation. The distribution of competencies and sovereign rights between the federation and the states is laid down by the Basic Law. The most important constitutional organs at the federal level are the Bundesrat (Federal Council), the Bundestag (Parliament), the Federal Chancellor, the Federal Government, and the Federal Constitutional Court. The administrative institutions of the federation are the federal ministries (government departments) The ministry responsible for spatial planning is the Federal Ministry of Transport, Building and Urban Development.

Fiscal equalisationFinanzausgleich

The fiscal equalisation system regulates the distribution of expenditure and revenues between the various levels of the hierarchy of a federal state with its territorial authorities (federation, states, local authorities). The equalisation process corrects the “regular” distribution of funds. A distinction is made between horizontal equalisation, which regulates the distribution between territorial units of the same status (e.g., among states and among local authorities), and vertical equalisation, which regulates distribution between the various levels of government (e.g., between federal and state governments). The fiscal equalisation system was introduced as a means of achieving the constitutional goal of creating equivalent living conditions throughout the country.

Framework development planStädtebaulicher Rahmenplan

A framework development plan is an informal master plan intended to eliminate or mitigate potential conflicts through cooperative processes in the run-up to legally binding planning. In the planning hierarchy, the framework development plan comes between the urban land-use plans – the preparatory land-use plan (Flächennutzungsplan) and the binding land-use plan (Bebauungsplan). It specifies development goals for an urban area. It sets design, organisational, and use objectives that are, however, not legally binding. The early and comprehensive involvement of the parties affected by planning is sought to facilitate later implementation of the binding land-use plan and its integration in the urban development context. The framework development plan therefore provides a suitable framework and guidelines for flexible and citizen-focused planning. Moreover, the framework development plan helps higher public authorities in evaluating, supporting, and approving urban development planning and measures, and provides public agencies and investors with information about the intentions of the municipality.