Overview of Urban Planning
Urban land-use planning is the most important planning tool for steering urban development in local authorities in Germany. Urban land-use planning is carried out through a two-stage process, which is comprehensively regulated in the Building Code (BauGB).
In the first stage, the land-use plan (preliminary urban development plan) is drawn up for the entire municipal area. It sets out the general spatial planning and development objectives of a municipality across the whole area and is kept up to date through amendment procedures. It outlines the broad contours of land use resulting from the intended urban development.
Building on this, development plans (binding urban development plans) are drawn up, which set out in detail and with general binding force the building and other uses of land in individual municipal areas.
Land-Use Plan (Preliminary Urban Development Plan)
The Land Use Plan (FNP) for the City of Jena, as adopted in April 2026, has been in force since 29 October 2026. Further comprehensive information on the City of Jena’s Land Use Plan can be found here.
Zoning plans (binding local development plans)
A development plan is adopted as a statutory instrument and regulates the permissible uses of all plots of land falling within the scope of that development plan. It specifies, for example, whether or to what extent building is permitted on a plot of land.
The development plan may also stipulate that no development is permitted at all, because a green space, a playground, a road or similar is planned. The possible content of a development plan is set out in Section 9 of the Building Code (BauGB).
The provisions in the local development plan (B-Plan) are usually derived from the guidelines set out in the land-use plan and give concrete form to the local authority’s urban planning activities. The local development plan thus contains the legally binding provisions governing urban development.
Types of local development plans
Simple development plan
A simple development plan applies where the requirements for neither a qualified nor a project-specific development plan are met. As a rule, they do not conclusively regulate the admissibility of building projects under town and country planning law. The assessment of the circumstances or the building project for which no provisions have been laid down is carried out in accordance with Section 34 of the BauGB (if within an urban area) or Section 35 of the BauGB (if within a rural area). In the absence of a specific provision, the development in the immediate vicinity is therefore taken into account.
Qualified local development plan
A qualified development plan exists where the development plan specifies, as a minimum,
- the type and extent of building use,
- the areas of land available for development, and
- the local traffic areas
. If a building plot lies within the area covered by a qualified local development plan, a building project is permissible under planning law provided it does not conflict with the provisions of the local development plan and the provision of services is secured.
Project-specific development plan
Project-specific development plans may be drawn up by local authorities on the basis of a project and development plan agreed between a (private) project developer and the local authority. A prerequisite is that the project developer is willing and able to carry out the project and the development measures, and undertakes to implement the measures in an implementation agreement.
The application form for the preparation of a project-specific development plan is available under ‘Downloads’.
Procedure for drawing up a local development plan under the standard procedure
Initiation of the procedure
The initiative to draw up a local development plan may come from the local authority, politicians, investors or the public. There is no legal entitlement to the drawing up of local development plans, nor can such an entitlement be established by contract (Section 1(3) of the German Building Code (BauGB)).
The city council or the relevant specialist committee (in Jena, the Urban Development and Environment Committee) first determines the necessity of a local development plan or a project-specific local development plan by means of an initiation resolution (also known as a drafting resolution) pursuant to Section 2(1) of the BauGB.
Preparation of the preliminary draft
Following the initiation resolution, the relevant specialist department – often in collaboration with a planning consultancy – draws up planning alternatives or preliminary drafts of the development plan. Once these are available, the local authority usually provides early notification to the public (Section 3(1) of the BauGB) and to bodies representing public interests (Section 4(1) of the BauGB).
The aim of this early notification is to publicise the objectives and purposes of the planning process, as well as the possible alternatives, so that concerns, suggestions for improvement and ideas can be incorporated into the draft. In this context, invitations are often issued to an information event at which the current status of the planning process can be discussed publicly with representatives of the local authority and politicians. The relevant authorities, associations and other specialist departments are involved separately from this process.
Preparation of the draft
Taking into account the results of the early public and authority involvement, the local authority draws up a draft plan which further specifies the plans and contains more detailed provisions.
The draft local development plan must be approved by the Urban Development Committee (in a preliminary consultation) and the City Council, and a decision must be taken to make it available for public inspection for a period of one month, or at least 30 days, or, where there are compelling reasons, for a longer period (Section 3(2) of the BauGB). The location and duration of this public display must be publicised in the manner customary for the locality at least one week in advance.
During the public consultation, further comments on the plan may be submitted; all citizens are entitled to do so, even if they are not directly affected by the plan. At the same time, the relevant authorities, organisations and so-called bodies representing public interests are notified of the public display of the draft and, where they are affected, are asked to submit their comments.
Decision on the assessment and adoption of the local development plan
The comments received are collated by the administration and submitted to the city council for a decision. The council must then fairly weigh up public and private interests against one another and amongst themselves (Section 1(7) of the BauGB) and decide whether to take them into account or reject them (Section 3(2) of the BauGB). Those who submitted comments must be informed of the outcome of the decision.
If taking the comments into account leads to significant changes, a new draft must be drawn up and a fresh public consultation carried out (Section 4a(3) of the BauGB).
If the comments are irrelevant to the planning and do not lead to any significant change to the plan, the procedure continues and the urban development plan is finalised by a statutory resolution (Section 10 of the BauGB).
Legal effect
The development plan comes into force upon publication of the resolution adopting the plan as a statutory instrument (Section 10(3) of the BauGB).
Legally binding local development plans may be inspected by any member of the public at any time at the relevant department, together with the accompanying explanatory notes.
Investment opportunities
As part of the procedure for drawing up local development plans, there are usually two stages during which suggestions, comments and views can be submitted:
1. Early public participation (Section 3(1) of the BauGB)
In the first stage of public participation, members of the public are informed of the planning intentions as early as possible. The information provided covers the general aims and objectives of the planning, possible planning alternatives under consideration for the redesign or development of the planning area, and the anticipated impacts of the planning.
To this end, the plans are usually made available for public inspection. During the period of public inspection, anyone has the opportunity to comment on the plans. Taking into account the results of this early public participation, the relevant department draws up a draft for the subsequent planning process. The method of early notification shall be announced at least in the Official Gazette.
2. Public display (Section 3(2) of the BauGB)
In the second stage of public participation, the agreed draft plan – which incorporates the results of the early public consultation – including the explanatory memorandum, is made available for public inspection for a period of one month (or longer). The location and duration of this public display are published in the Official Gazette at least one week in advance in the manner customary for the locality. You can also find the relevant information online at the same time. During the public display period, anyone may submit suggestions and requests for amendments to the plans. This may be done by letter, email or even by making a verbal statement on site, which will be recorded in writing.
The local authority evaluates the suggestions received, draws up a report weighing up the various interests and submits this to the town council for a decision. The town council weighs up public and private interests against one another and decides whether to take them into account or reject them. Those who submitted comments will be informed in writing of the outcome of the town council’s decision.
You can view the public consultations currently underway here.