State Building Code Bavaria

Bavarian Building Code (BayBO) as published on 14 August 2007, Art. 47; 81

Extract from the parking place regulations

Art. 47 Parking spaces, authorisation to issue ordinances

(1) If facilities are erected for which access or departure traffic is to be expected, parking spaces shall be provided in sufficient number, size and in appropriate quality. In the case of alterations or changes in the use of facilities, parking spaces shall be provided in such number and size that the parking spaces can accommodate the additional motor vehicles to be expected as a result of the alteration.

Art. 81 Local building regulations

(1) 4. Municipalities may, by means of bylaws, issue local building regulations within their own sphere of action concerning the number, size and quality of parking spaces for motor vehicles and parking spaces for bicycles, including the provision of electric charging stations, additional requirements in the event of alterations and changes in the use of facilities, as well as the redemption of the obligation to provide parking spaces and the amount of the redemption, which may be regulated differently according to the type of use and location of the facility.

Summary: In sufficient number and size.

Exceptions

This (Art 47 (1), editor's note) does not apply if otherwise the creation or renewal of housing would be significantly impeded or prevented, even taking into account the possibility of replacement under paragraph 3 No. 3. (3) The parking space obligation can be fulfilled by

1. construction of the necessary parking spaces on the building plot,
2. construction of the necessary parking spaces on a suitable plot of land in the vicinity of the building plot, if its use for this purpose is legally secured vis-à-vis the legal entity of the building supervisory authority, or
3. assumption of the costs for the construction of the necessary parking spaces by the developer vis-à-vis the municipality (transfer agreement).

Supplement

(2) The number of parking spaces required in accordance with paragraph 1 sentence 1 shall be determined by the State Ministry of the Interior, Building and Transport by statutory order. If the number of required parking spaces is determined by a local building regulation or an urban development statute, this number shall be decisive.

Status: 08/14/2007

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