Relocations and expansions
The KUS is a competent and reliable partner in all phases of the relocation process and supports investors and companies free of charge. As part of the urban land-use planning process, the KUS comments as a public authority.
What can we do for you?
In the event of business expansions, company relocations or other location-relevant changes, we provide support in the search for a suitable area or a suitable property/office space in the district.
Guide to authorities and funding:
It goes without saying that we will assist you with all official formalities relating to approval procedures. It is also standard practice to check possible funding opportunities. It is best to contact us at the beginning of the planning phase of your projects.
FAQ
Two planning stages are planned for the urban land-use planning:
1. The land use plan:
This is where the municipality outlines the intended type of building use for the municipal area. Preliminary decisions are therefore made, e.g. whether a commercial use, a use of residential and commercial (mixed use) or a purely residential use should be further developed. The development plan is developed from the land use plan.
2. The development plan:
In binding urban land-use planning, development plans are usually drawn up for spatial sub-areas of the municipal or urban area. The development plan contains detailed, legally binding stipulations for the structural and other use of land (Section 9 BauGB). These are the conditions under which the building supervisory authorities, such as the Pfaffenhofen a.d.Ilm District Office, issue building permits for construction projects. If a building project is located in the area of a qualified or project-related development plan and all the stipulations therein are complied with, an approval exemption procedure in accordance with Art. 58 BayBO is possible. See below for more details.
Significance for companies
Companies can come into contact with urban land-use planning in particular when making operational decisions such as relocation, relocation, conversion or expansion. Knowledge of the possible type of land use is important here, as the necessary requirements of the company must be compatible with the stipulations in the urban land-use plans. Land-use planning is often also initiated in order to create the necessary conditions for a specific commercial development. Companies can be affected by urban land-use planning if they themselves are located within a planning area to be changed or if plans are made in a neighboring area that also have an impact on the adjacent planning areas.
Important aspects of urban land use planning
- Immission control law
- Noise immissions
- Air hygiene
- Odor immissions
- Contaminated sites
- Nature conservation law
- Water law
Procedural steps in urban land-use planning
- Decision to draw up a land use or development plan by the municipality
- Announcement in the Official Journal
- Early involvement of the public, authorities and public agencies
- Determination of the scope of the environmental report
- Approval and interpretation decision
- Formal public participation and announcement of the interpretation
- Involvement of the authorities and public agencies
- Examination of the suggestions after the participations and preparation of the consideration
- Decision by the municipality (in exceptional cases, review by the higher administrative authority)
- Local announcement in the official gazette / Entry into force of the land use or development plan
When a development plan is drawn up, amended, supplemented or revoked, the land use plan can also be drawn up, amended or supplemented at the same time (parallel procedure).
The approval exemption procedure in accordance with Art. 58 BayBO can only be considered if the project is located in the area of a qualified or project-related development plan and all the stipulations made therein are complied with. In addition, the exemption can only be used for certain projects. However, if the project meets all the necessary requirements, the approval exemption procedure applies and construction can begin very quickly. A building permit is not required.
Requirements for the applicability of the exemption procedure:
The permit exemption procedure only replaces the building permit procedure if all of the following requirements are met:
Requirement 1: No special construction
The building that is to be erected, modified or whose use is to be changed is not a special building. Special buildings are defined in Art. 2 para. 4 BayBO, these are facilities and rooms of a special type or use, e.g. high-rise buildings, structures with a height of more than 30 m, buildings with a floor area of more than 1600 m² with the largest extension (excluding residential buildings and garages), places of assembly for more than 200 people and others.
Requirement 2: Validity of a qualified or project-related development plan
The project must be located within the scope of a qualified or project-related development plan. You can view most of the legally binding development plans on your local authority’s website. Through a project-related development plan, a developer has undertaken to carry out its project on the basis of a project and development plan agreed with the local authority.
Condition 3: Certain craft or commercial construction projects are not excluded
The intended craft or commercial construction project is not excluded from the exemption in the relevant development plan.
Requirement 4: The project must comply with the provisions of the qualified or project-related development plan in all parts
As soon as an exception or exemption is required, the project is subject to approval.
Requirement 5: Local building regulations are complied with
The project must comply with the local building regulations without any deviations.
Prerequisite 6: Development is secured
The development provided for in the development plan (road, sewage, etc.) must be secured.
Condition 7: A declaration by the city that an approval procedure is to be carried out has not been made.
As a rule, a building permit procedure is required if there are urban planning considerations to amend the development plan within whose scope the project is located, if there is a suspicion of contaminated sites or if there are other reasons for an approval procedure.
Condition 8: No provisional prohibition
A provisional prohibition pursuant to § 15 para. 1 sentence 2 BauGB is generally issued if it is to be feared that the realization of the project would make intended urban development planning in this area impossible or significantly more difficult.
Responsibility of those involved!
The permit exemption procedure enables construction to begin quickly. However, this facilitation does not mean that construction is allowed to deviate from the statutory regulations. As the building project is no longer examined in a procedure, the parties involved must ensure compliance with all regulations themselves. In particular, they must check whether other approvals are required for the project in accordance with other regulations. The building owner is ultimately responsible. Anyone who violates legal regulations and abuses the construction facilities risks a lot. If the requirements for exemption from approval are not met, the building is considered to be illegal, even if the approval exemption procedure has been carried out. An order to stop the construction work and further measures (e.g. removal order, restoration order or prohibition of use) must then be expected. In addition, a fine of up to 500,000 euros may be imposed. Even if construction or a change of use is started without the necessary permits having been obtained in accordance with other regulations, a fine may be imposed.
What needs to be considered?
Building documents
The required building documents – prepared and signed by a person authorized to submit building documents – must be submitted to the respective municipality. In this respect, there are no differences to the planning permission procedure.
Structural verification
In the approval exemption procedure, structural engineering verifications must also be tested or certified. In this respect, there is no difference to the approval procedure. If evidence is checked by the building permit authority, the documents must be submitted there in good time. Construction may not begin without the relevant certificates or approvals.
Further approvals and permits
The permit exemption procedure does not exempt you from obtaining any permits that may be required under other regulations.
Settlements
KUS provides you with neutral and targeted advice with regard to the individual requirements of your company. We know the local conditions on the ground and cooperate closely with all the key players in the region. We are therefore happy to put you in touch with local authorities and specialist agencies or help you with official formalities.
We are also happy to work as a partner to our companies when they expand or relocate their operations.
Foreign investors
For foreign investors, we offer support from an international team of experts in cooperation with Invest in Bavaria, the Business Promotion Agency of the Free State of Bavaria. Just like national companies, they are supported from the planning phase through the site search and site selection to implementation.
Location offer
The IHK-StandortportalRegional provides you with an initial overview of available commercial sites in the district of Pfaffenhofen a.d.Ilm.
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Location request
We identify available space or properties for you according to your individual location requirements.
The more detailed your location inquiry is, the more precisely we can search for a suitable plot or property for you.
