Public building law distinguishes between two basic areas:
Building planning law (federal legislation):
It is regulated in the Building Code (BauGB) and by development plans as local law in conjunction with the respective valid version of the Building Use Ordinance (BauNVO).
NRW Building Code:
Building regulations law is regulated in the Building Code of the State of North Rhine-Westphalia (BauO NRW) as amended from time to time.
A prerequisite for the approval of a building project is compliance with both the building planning law and the building regulations law as well as with the other public law regulations (ancillary building law).
Within the scope of a development plan, building projects are only permissible if they do not contradict the development plan (§ 30 para. 1 BauGB).
In areas where no development plan exists, orderly urban development is regulated according to § 34 BauGB (non-planned inner area) and § 35 BauGB (outer area). Furthermore, wherever no development plan exists, the planning sovereignty of the municipality must be taken into account (§ 36 BauGB).
Building planning law focuses on the spatial significance of building projects. The permissibility of individual building projects under building planning law is governed by §§ 29 BauGB ff. Urban planning is initially ensured through the preparation of urban land-use plans.
Building regulations law is more object-related and directed at the preventive hazard prevention of building projects. For reasons of public safety and order, dangers should be prevented and unacceptable impairments that can emanate from buildings and properties should be avoided. To this end, the Building Code provides minimum requirements with regard to building design and construction. Furthermore, building regulations also regulate the formal legal procedure for enforcing the provisions of building law.