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20.08.24

More speed and reliability in new construction

The Faster Construction Act from the perspective of the VBKI Real Estate Committee

 

We welcome you:

  • the general prioritization of new housing construction and the establishment of social infrastructure in the event of diverging interests
  • the introduction of fixed deadlines for the submission of written statements by the specialist authorities, head office and districts for the examination and processing of applications and subsequent requests for missing documents
  • the extension of intervention rights in accordance with sections 13a and 13b of the AZG (General Competence Act) streamlines the approval process and promotes planning security
  • the introduction of a fictitious approval "One month after receipt of the complete documents, the consent pursuant to sentence 1 number 1 and the approving opinion pursuant to sentence 1 number 2 shall be deemed to have been granted. The deadline shall be extended by one month if agreement is to be reached with the monument protection authority; it shall be extended by a further month if the highest monument protection authority has to make the decision. The building supervisory authority may extend the deadline for issuing an opinion for the assessment of building planning law by one month, in particular if other authorities are to be involved."
  • the involvement of the relevant senate administrations instead of the district administrations in appeal proceedings

 

We criticize:

  • Retention of the right of first refusal by the state and/or districts
  • the planned introduction of a property tax C. Instead of working to reduce costs in times of rising construction costs and interest rates, the new tax will have a negative impact on housing construction 

"The "Faster Construction Act" passed by the Senate today points in the right direction. Housing construction in Berlin urgently needs a tailwind! In view of the high interest rates and the generally recessive economic situation, a trend reversal is certainly not to be expected from the new legislative package. However, the measures as a whole promise an important and urgently needed acceleration of procedures. More speed and more reliability for investors in new construction - this would not only help the construction industry, but also many Berliners."

VBKI President Markus Voigt

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"The "Faster Construction Act" passed by the Senate today points in the right direction. Housing construction in Berlin urgently needs a tailwind! In view of the high interest rates and the generally recessive economic situation, a trend reversal is certainly not to be expected from the new legislative package. However, the measures as a whole promise an important and urgently needed acceleration of procedures. More speed and more reliability for investors in new construction - this would not only help the construction industry, but also many Berliners."

VBKI President Markus Voigt

We wish:

  • a comprehensive reform of administrative structures. The SGB can only be a first step
  • In the case of city-wide interest, the main administration should always be responsible and not the districts
  • a review of whether and to what extent a one-stop agency can be expanded
  • the holding of building application conferences with the participation of the developer from 50 residential units - these should only take place at the request of the developer and should not be mandatory; if necessary, it should also be possible to convene them for new commercial buildings
  • Funding from the state should no longer be made dependent on compliance with public procurement law
  • the clearer definition of social infrastructure, including the inclusion of areas for sport
  • the flexibilization of industrial areas. Modern industry manages without a lot of noise and odor. Noisy commercial operations that pollute the environment are increasingly becoming the exception, so that modern industry is compatible with offices as well as housing and accommodation. The strict exclusion of offices and housing prevents the optimal utilization of the space potential of industrial areas
  • making high-rise planning more flexible and faster, especially in already densely populated areas, to enable more growth without sealing more land
  • the substantive legal clarification of the legal consequences of fictitious approvals to protect building owners. These deadlines will only make a significant contribution to speeding up planning permission procedures if they are binding. Without an adjustment to the substantive legal regulations, there is a risk that the fictitious consent and approval of the new Section 69 (2) sentence 6 BauO Bln will make the decisions legally contestable

Conclusion:

The draft of the "Faster Construction Act" points in the right direction and has the potential to speed up new construction and make planning and application times more predictable. We expressly welcome the move towards less bureaucracy and more forward-looking, faster (digital) action, even though it is long overdue.

We will only be able to assess the effects after a certain implementation period. In the end, it will depend on speed and reliability. The service concept must come to the fore in the administration.

 

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