Land Use Planning Berlin

The formal procedures for amending the Land Use Plan are laid down by federal planning legislation (§ 1 (8) BauGB). Normally, the following stages are involved:

1. Decision to initiate modification procedure

The city planning department (Senatsverwaltung für Stadtentwicklung) takes the decision to initiate the procedure for a modification to the Land Use Plan (§ 1 (8) und § 2 (1) BauGB, § 2 (1) und § 11 (1) AGBauGB).

2. First stage of public participation and consultations

During the first stage of public participation, a first draft of the planning concept is put forward for discussion, pointing out the general objectives and the intended results of the proposed modification as well as any feasible planning alternatives. At this early stage of the planning process, the public is given the opportunity to comment on the proposal and to contribute their suggestions. At the same time, public and statutory bodies likely to be af-fected by the modification are being consulted.
After this first consultation phase, the comments and suggestions made by members of the public and by statutory bodies are analysed and the draft modification is revised accordingly. The revised modification is then presented for further comment during a second consultation phase.

3. Second stage of public participation and consultations

During the second stage of public participation, the revised draft of the modification, including a written statement, and any significant information on likely environmental impacts are put out on display and for public comment. Any objections and suggestions made are considered and evaluated by the planning department when weighing up the arguments in favour of and against the proposed changes. In doing this, public and private interests have to be taken into account in a fair and equitable way. Parallel to the public display of the plan, public and statutory bodies are consulted again on the draft modification. Comments received during this second phase of public participation and consultation, which could not be incorporated into the final draft of the planning modification, are presented to the Senate and to the City Council to be considered again when making their final decision.At the end of the planning process, the result of this decision making process is communicated to the objectors.

4. Decision of Senate, endorsement by City Council

Modifications to the Land Use Plan are decided upon by the Senate and subsequently submitted to the City Council for parliamentary discussion and endorsement.

5. Publication in official gazette, communication to objectors

Modifications to the Land Use Plan become effective through publication in the official gazette (Amtsblatt).
Citizens who have commented on the plan during the second phase of public participation, are notified of the result of the decision making process. If similar objections have been received from more than 50 people, the individual notification is substituted by a general opportunity to inspect the records relating to the decision.