Building land mobilization law in Hamburg

The “Act on the Mobilization of Building Land”, which was passed on 7 May 2021, aims to support municipalities in activating building land and securing affordable housing. Hamburg is the first federal state to take advantage of the new opportunities. An overview of the Building Land Mobilization Act and everything you need to know about Hamburg’s plans.

First of all, building land is needed to build houses and apartments. And to ensure that this can be created more quickly and flexibly in future, the Bundestag passed the Building Land Mobilization Act in May 2021. This was accompanied by significant changes to the Building Code and the Land Use Ordinance.

The new “Act on the Mobilization of Building Land”, for example, gives local authorities a more comprehensive right of first refusal. In future, only fenced-in or obviously marginally and provisionally developed areas will no longer be exempt from the municipal right of first refusal. This also applies to areas where there is a lack of urban development or facilities. Another instrument in the Building Land Mobilization Act for the creation of new building land is the granting of building permits, even if these would not actually have been permitted in individual cases, whether due to more storeys or extensions, according to the development plan. Strict upper density limits become orientation values in municipalities in which the Building Land Mobilization Act can be applied.

In future, local authorities will also be able to issue orders requiring the construction of residential buildings on unused land that is subject to planning law. This is intended to remove such areas from speculation and make them quickly usable for housing. To protect tenants, the Building Land Mobilization Act stipulates an approval requirement for conversions from rental to owner-occupied apartments. Elements such as simple development plans and the repeal of planning law can speed up approval procedures in housing construction under the Building Land Mobilization Act.

The Building Land Mobilization Act is not without controversy and yet Hamburg has now become the first federal state to decide to issue an ordinance to implement the Act. The application of some instruments of the Building Land Mobilization Act requires the existence of a tight housing market in accordance with Section 201a BauG. In Hamburg, this is now the case by ordinance due to the rapidly rising rents and the lack of housing in high demand throughout the city.

You can find more information on the Building Land Mobilization Act on the BMI website.

Click here for the press release from the Hamburg Ministry for Urban Development and Housing on the Building Land Mobilization Act.

According to the BBSR’s 2040 household forecast, the demand for and supply of single households will increase in the future. You can find out what this means for Germany’s urban planning here.