State Building Code Baden-Württemberg

State Building Code for Baden-Württemberg (LBO) in the version of 5 March 2010, § 35; 37, last amended by Article 1 of the Act of  18 July 2019 (GBl. No. 16, p. 313), entered into force on 1 August 2019.

Extract from the parking place regulations

§ 35 Apartments

(4) In buildings with more than two apartments, areas for parking baby carriages and walking aids must be available for common use, if possible at ground level or easily accessible via ramps or lifts.

§ 37 Parking spaces for motor vehicles and bicycles, garages

(1) When constructing buildings with apartments, a suitable parking space for motor vehicles must be provided for each apartment (necessary motor vehicle parking spaces). In the construction of other buildings and other facilities where access and departure traffic is to be expected, necessary motor vehicle parking spaces shall be provided in such number that they are sufficient for the proper use of the facilities, taking into account local public transport. (...) Up to one quarter of the necessary motor vehicle parking spaces pursuant to sentence 2 may be replaced by the creation of bicycle parking places. In this case, four bicycle parking places shall be created for one motor vehicle parking space; the bicycle parking places created in this way shall not be counted towards the obligation under para. 2.

(2)Bicycle parking places shall be provided during the construction of buildings where access and departure traffic with bicycles is to be expected. Their number and nature shall be determined by the demand to be expected on a regular basis according to the type, size and location of the facility (necessary bicycle parking places). Necessary bicycle parking places must be easily accessible from the public traffic area and provide effective anti-theft protection; if they are to be provided for apartments, they must also be weather-protected.

(3) In the case of alterations or changes in the use of facilities, parking spaces or garages must be provided in such numbers that the additional motor vehicles and bicycles to be expected as a result of the alteration can be accommodated. Sentence 1 shall not apply in the case of the division of dwellings or in the case of projects to create additional living space by means of an extension, annex, change of use, addition or change of roof, if the building permit or notification for the building was issued at least five years ago.

(4)The building code authority may permit necessary parking spaces or garages to be constructed only within a reasonable period of time after completion of the development. It shall suspend the construction as long as and insofar as it can be demonstrated that there is no need for parking spaces or garages and the areas required for their construction are secured for this purpose by obligatory building criteria.

(5) The necessary parking spaces or garages shall be constructed
1. on the building plot,
2. on another property at a reasonable distance, or
3. with the consent of the municipality on a property in the municipality.
The construction on another property than the building plot must be secured for this purpose by obligatory building criteria. If required for traffic reasons, the building authority may, with the consent of the municipality, determine whether the parking spaces or garages are to be built on the building plot or on another plot of land.

Exceptions

§ 37 Parking spaces for motor vehicles and bicycles, garages

(4) The building authorities may permit/determine that the necessary parking spaces or garages to/must be constructed only within a reasonable period of time after completion of the development. It shall suspend the construction as long as and insofar as it can be proven that there is no need for parking spaces or garages and the areas required for the construction are secured for this purpose by obligatory building criteria.

(6) If necessary motor vehicle parking spaces or garages pursuant to paragraph 5 cannot be produced or can only be produced with great difficulty, the building authority may, with the consent of the municipality, allow the developer to pay a sum of money to the municipality in order to fulfil the parking space obligation. (...) The municipality determines the amount of the monetary sum.

Supplement

Administrative regulation to § 37 paragraph 2:

2. Bicycle parking places must be constructed in such a way that they are accessible at ground level, by lifts or ramps, whereby up to two steps are permissible, that they have a lock connection provision for the bicycle frame, the bicycle is given a secure stand by means of a leaning bracket, they have a length of 2 m plus the necessary riding lane and manoeuvring areas, and the parking and connection of the bicycle including the frame is made possible by a minimum distance of 0.80 m between the bicycle stands. The construction of simple front tyre bike stands is not permitted. Space requirements can be reduced by using space-saving bicycle parking systems such as double-decker parking systems. Such systems must ensure easy usability. (VwV Stellplätze) Re § 37 Para. 2, as amended on 28.05.2015, Ref.:41-2600.0-13/187

Status: 07/18/2019

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