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Accelerated Procedure

A legal zoning plan destined to enable land to be re-used, densities increased, or for other purposes of inner-city development can under certain circumstances be resolved and implemented in line with the Accelerated Procedure as per section 13a BauGB.
The conditions for this to happen apply if the plan defines a surface area for possible development of less than 20,000 m². Should the permissible surface area measure between 20,000 m² and 70,000 m², then the Accelerated Procedure can be initiated if a preliminary examination of the case in question demonstrates conclusively that the legal zoning plan will presumably not have any marked environmental impact.


Example of an accelerated procedure, aerial view 2009 – section of the development area with area of scope prior to execution of legal zoning plan no. 868 Giessener Strasse – former Deutsche Post site” © Frankfurt/Main City Planning Department

The Accelerated Procedure can in principle not be applied if:

  • the legal zoning plan would create the legal basis for the permissibility of procedures that are subject to the mandatory duty to conduct an environmental impact assessment (EIA) as per the law on EIA or according to state law, or
  • there are grounds for assuming the impairment of ecological assets as stated in section 1 (6) no. 7b BauGB (flora/fauna habitats or European Bird Protection).

Example for Accelerated Procedures, aerial photograph 2015 – section of the planned zone and applicable area after implementation of the Building Plan Procedure no. 868 “Gießener Straße – former post office complex” © City of Frankfurt/Main Planning Dept.

The specifics in this procedure compared to the regular procedure are:

  • the stipulation requiring early involvement of the citizens and early inclusion of the authorities can be waived
  • consultative inclusion of the sections of the public affected and the involvement of the authorities can be abbreviated
  • the need for an eco-audit, an eco-report, for statements on what types of environmentally-related information is available and for a summarizing declaration can be waived.

The customary local public disclosure of the legal zoning plan being resolved shall include reference to the type of procedure and the special nature thereof.

A legal zoning plan can be approved using the Accelerated Procedure if it departs from the representations in the land use plan to the extent that this discrepancy does not impair the orderly urban planning development of the community in question. The land use plan shall then be adjusted accordingly in the course of emendations.

In line with section 13a BauGB, a legal zoning plan cannot be approved for outside the boundaries of the settlement area, though section 13b BauGB does enable the inclusion of outside land in the Accelerated Procedure. In accordance with section 13b BauGB, a legal zoning plan can be approved and implemented in an area adjoining a developed district if it is based on the permissibility of use for residential purposes and defines less than 10,000 m² of kland for development.
In line with BauGB the Accelerated Procedure in an outside area has a deadline, the legal zoning plan must be formally initiated by December 31, 2019 and be approved as a statute by December 31, 2021.
The conditions of implementation for the Accelerated Procedure in accordance with section 13a BauGB and the peculiarities in comparison with the regular procedure apply accordingly for the procedure in line with section 13b BauGB.