Model Law on Construction (Construction Code)
The Construction Code (German: ‘Bauordnung’) regulates the requirements that must be respected at constructing buildings and other objects of construction. The Construction Code complements the requirements that the spatial planning prescribes for the possible use of the single real estates.
The requirements of the Construction Code comprise:
- Character of use by constructions
- Distances to other buildings and boundary
- Facilities for common use, areas for children activities
- Protection of neighbours
- Issues of health in respect of buildings (Light, heights of rooms, protection against noise, against cold and heat)
- Protection against fire
- Quality of building products
- Possibilities of escape and rescue
- Access to public services (water, waste water, waste, central heating)
- De-watering of the plot
- Safety of the place and the building during construction
- Procedure of applying for permission for construction
- Intervention of the agency for construction in cases of violating the Construction Code
- and some more.
The general objectives of the Construction Code are the protection of persons, their health and life, the protection of damages of properties of other persons, the guarantee of quality and standards.
The responsibility of the Construction Code is located on the state level (The central level is responsible for the Code on spatial and urban planning). The Ministers of the 16 states have agreed to formulate a template for the single construction code of each state. It is an orientation and not formally binding. But the single states follow this template in the most issues.
This template - called ‘Musterbauordnung’ (Model of Construction Code) – is adopted by the Conference of Ministers for Construction during their annual meetings. It is updated on occasion. The actual version is adopted in the year 2002, with a final update in the year 2016.
Konferenz der Bauminister der Bundesrepublik Deutschland (Bauministerkonferenz), Beschluss vom 08. November 2002, zuletzt geändert am 13. Mai 2016 (in German)
The Ministers for Construction of the 16 states in Germany established a forum of coordination, called ‘Conference of the Ministers for Construction’. The Federal Minister for Construction is invited. The 16 states are responsible for the Law on Construction. There are 16 single laws, but the Conference of the Ministers of Construction has adopted a ‘Model Law’ as orientation for the single laws of the 16 states. And the states follow this sample in principle, but with some differences in single issues.
Open access (free document of the Conference of the Ministers for Construction). Translation into Ukrainian by the project.
The Conference of the Ministers for Construction is the working partnership of the 16 ministers responsible for construction (ARGEBAU). The conference is coordinating the legal regulations as well as the implementation of the laws and programmes of the states and the central level. The conference formulates recommendations for the central level; the respective ministers of the central level are invited guests of the conference.
The function of chair is rotating every two years.
The state of Schleswig-Holstein holds the chair of the Conference in the year 2018. Contact details: Ministry of Interior, Rural Areas and Integration, Kiel: