Urban land-use planning and other statutes

The purpose of urban land-use planning is to prepare and control the structural and other utilisation of land. Municipalities have the right to determine whether, what and how plans are made in their area. This so-called planning sovereignty is part of the constitutionally protected right to local self-government.

Binding urban land-use planning

The task of binding urban land-use planning is to prepare and manage the structural and other utilisation of land in the municipality in accordance with the German Building Code (BauGB). While the land use plan (FNP) depicts the intended land use in drawings and text, the development plan stipulates the permitted structural use of the individual properties within its scope as legally binding local law. In this way, the municipality creates spatially limited law for the realisation of its objectives for urban development and order. As a legal norm, the development plan must be issued in a formal legislative procedure.
The procedural steps stipulated by the legislator are primarily intended to ensure that all interests affected by the development plan are taken into account in the consideration process. To this end, public participation rights and coordination with the planning authorities and organisations affected by the planning are provided for.

The development plans and the node and edge model (road network) of the city of Eberswalde can be accessed via the Geoportal of the city of Eberswalde can be viewed. All plans that can be visualised there can be integrated into your own GIS projects via WMS services (Web Map Services). The provision of WMS services is becoming increasingly important as part of the development of a national/global GDI (spatial data infrastructure). The services provided by the city of Eberswalde Geoservices can also be viewed.

The preparation of the urban land-use planning data and the road network and their provision as a WMS were subsidised by ERDF.

EU-Emblem mit Hinweis auf die Union

Development planning

All development plans on the City map of the city of Eberswalde.

Bebauungspläne

TitelDateityp und -größe
BPL 520 3 textliche Festsetzungenpdf - 1.007 MBDownload
Planpdf - 8.353 MBDownload
BPL708 2pdf - 20.774 MBDownload
BPL606 Ch Brauns Wegpdf - 7.463 MBDownload
BPL520 3 1 Apdf - 5.264 MBDownload
BPL427pdf - 4.658 MBDownload
BPL406pdf - 8.74 MBDownload
BPL404 3pdf - 1.3 MBDownload
BPL402 1pdf - 8.29 MBDownload
BPL400 TGEpdf - 7.199 MBDownload
BPL313 1pdf - 8.004 MBDownload
BPL219pdf - 2.286 MBDownload
BPL134 2pdf - 13.116 MBDownload
BPL134 1pdf - 9.19 MBDownload
BPL133pdf - 5.41 MBDownload
BPL123 Schwaerzeblickpdf - 7.652 MBDownload
BPL107pdf - 5.973 MBDownload
BPL 805 1 Aenderungpdf - 8.327 MBDownload
BPL 708pdf - 8.528 MBDownload
BPL 626pdf - 5.058 MBDownload
BPL 608pdf - 5.615 MBDownload
BPL 601 1pdf - 3.553 MBDownload
BPL 539bpdf - 7.433 MBDownload
BPL 539apdf - 6.512 MBDownload
BPL 520 3 Planpdf - 4.449 MBDownload
BPL 520 3 2 Aenderungpdf - 1.667 MBDownload
BPL 520 1pdf - 4.484 MBDownload
BPL 421pdf - 4.109 MBDownload
BPL 404 2pdf - 2.758 MBDownload
BPL 400 3 Aendeungder 1 A Enderungpdf - 4.281 MBDownload
BPL 400 2 Aenderungder 1 A Enderungpdf - 3.621 MBDownload
BPL 144pdf - 2.011 MBDownload
BPL 132 1pdf - 8.542 MBDownload
BPL 110 1pdf - 4.346 MBDownload
Bp805 1aend 1 teiaendpdf - 8.325 MBDownload
Bp623pdf - 9.011 MBDownload
Bp608 3aendpdf - 3.316 MBDownload
Bp608 1aendpdf - 372.202 KBDownload
Bp529pdf - 11.791 MBDownload
Bp521 1aendpdf - 11.538 MBDownload
Bp309pdf - 6.025 MBDownload
BP140pdf - 6.443 MBDownload
BP Nr 400 1 A Enderung 1 AEpdf - 5.572 MBDownload
V BPL612pdf - 5.827 MBDownload
V BPL528 1 TOOM Baumarktpdf - 9.185 MBDownload
V BPL504pdf - 3.496 MBDownload
V BPL324 KK Strpdf - 6.944 MBDownload
V BPL 108 Bergerstrasse 113pdf - 4.869 MBDownload
Vbp214 1pdf - 3.504 MBDownload
Textliche Festsetzungenpdf - 68.727 KBDownload
Vep401pdf - 8.063 MBDownload
VEP 106pdf - 4.395 MBDownload

Statutes for urban development

The municipality also has the option of taking controlling action outside of development planning. The legislator has created various authorisation bases for this.

Overview map of urban development statutes

In order to preserve and restore the historic urban development situation, smaller spacing areas than those specified in the building regulations may be specified for individual streets.

Preservation statutes are statutes under building law that can be issued by the municipalities on the basis of the special urban development law from the Building Code. The legal basis for this is Sections 172 ff. of the Building Code. Accordingly, there are three protection objectives that can justify the establishment of a preservation statute: the preservation of the urban development character of the area on the basis of its urban design, the so-called milieu protection, i.e. the preservation of the composition of the residential population and the support of urban restructuring.

Within the scope of a conservation statute, new construction, demolition ("demolition"), alteration or change of use require additional authorisation from the municipality. In doing so, the municipality examines whether the measure is permissible on the basis of the conservation objectives of the respective statutes. This authorisation requirement is independent of any exemption from authorisation under building regulations. Conservation law approval is an integral part of a building permit.

Brasswork
Westend
North end
Brunnenstraße

In the clarification statutes, the municipality defines the boundary of the development context resulting from the actual existing development. All parts of the property covered by the bylaws belong to the inner area and therefore generally have the quality of building land.

Free floe
Ostend

With the development statutes, the municipality can constructively define built-up areas in the outer area that show a settlement approach capable of development as "built-up neighbourhoods". The bylaws create new building rights within their area of application. From now on, the basic building law resulting from Section 34 BauGB applies here in accordance with the integration requirement.

On the sunny slope

Monument area statutes of the city of Eberswalde

Land use plan

The land utilisation plan (FNP) presents the main features of the future urban development of the town of Eberswalde for the next 10 to 15 years. It consists of a plan and an explanatory memorandum. The most important plan representations are

  • The development areas (residential development areas, mixed and commercial development areas, special development areas)
  • The green and open spaces (e.g. parks, sports grounds, playgrounds, allotments, cemeteries, forests, agricultural land)
  • The social infrastructure (e.g. schools, daycare centres, church facilities, cultural facilities)
  • Areas for the protection and development of nature
  • The most important traffic routes (e.g. main roads, railway areas)
  • Adoption of other specialised plans of the federal government, the state of Brandenburg and other planning authorities.

The FNP is also referred to as the preparatory urban land-use plan, as it provides the framework for the binding urban land-use planning, the development planning. The development plan must therefore be developed from the FNP. The FNP itself has no direct effect on the assessment of building projects in the inner area (Section 34 of the German Building Code); in the outer area (Section 35 of the German Building Code), it can play a role in the assessment of building projects under planning law. It is binding for the authorities and can only be amended in a statutory procedure.

The new 2014 land use plan (as of 28 February 2014) has been legally effective since 17 November 2014. It replaces the previous land use plan from 1998, including its amendments. In the meantime, the 1st amendment to the land use plan (since 17 July 2019) and the 2nd amendment to the land use plan (since 29 December 2021) are legally effective.

Two sub-areas were changed by the 1st amendment to the land use plan in 2014. These are sub-area A - Finow South and sub-area C - Forest Sports Centre. The 2nd amendment to the land use plan comprises the amendment of 6 sub-areas. Changes were made to sub-area B - "Westend-Center" area, sub-area C - "Energie- und Recyclingzentrum Ostend" area, sub-area D - planning area BPL No. 123 "Schwärzeblick", sub-area F - "Bellodrom" dog park, sub-area G - residential areas Brandenburgisches Viertel West and sub-area J - Spechthausener Straße.

The land use plan of the city of Eberswalde was republished on 19 January 2022 in the version of the 1st and 2nd amendment as well as the 1st correction of the land use plan (includes the planning area of BPL No. 402/1 "Kupferhammerweg 9") for the entire municipal area. It bears the name Land Use Plan City of Eberswalde 2021, FNP 2021 for short.