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Obtaining planning law

Planning law establishes the construction legal basis to utilize potential areas in the exterior for renewable energy projects.

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Wind energy in external areas: Opportunities and limitations

In Germany, wind turbines (WTs) in external areas fundamentally have a clear advantage: They can be built as long as no public interests oppose them and sufficient development is secured. Within this privilege, certain requirements must still be met – as stipulated in §35 of the Building Code (BauGB). This includes considering land use plans, potential environmental impacts, or public safety. Additionally, regional provisions in state and regional development plans play a role. But here's where it gets interesting: The BauGB (§249) in conjunction with the Wind Energy on Land Act (WindBG) allows the construction of WTs even if public interests are affected – this is under the condition that the achievement of land contribution values is included.

A path to the legal basis for construction

Identifying areas together with municipalities

Planning law brings communities and project developers together to collaboratively find suitable areas for renewable energy projects. This cooperation opens up valuable opportunities to identify potential areas and create the necessary planning law prerequisites.

Creating legal construction principles

Planning law aims to officially make identified areas accessible for the use of renewable energies, ensuring that all construction legal requirements are met.

1. Initiation of the procedure

Municipal council's decision to initiate the procedure

The process of establishing the legal basis for construction at the municipal level begins with a formal decision by the Municipal Council - this based on a prior project presentation by EEF. The council's decision marks the official start of the process and signals the community's readiness to create the legal foundations for the project.

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2. Development plan (B-Plan)

Detailed representation and binding regulations for specific locations

Development plans for wind turbines do not fundamentally differ from classic development plans for residential or commercial areas. They all have the following features:
• The development plan is adopted as a statute (local law).
• On the map (graphic determinations), locations of wind turbines and ancillary buildings are designated as buildable land.
• In the planning law provisions, provisions are made that go beyond the graphic representations, such as guidelines to prevent shading.
• Local building regulations are not necessarily required and are only conditionally sensible in the case of wind parks. Here, the municipality can specify architectural intentions.

Schematic representation of a construction plan with trees and a crane

3. Public participation

Involvement of the public and relevant bodies

A crucial part of the process is the involvement of the public and public interest bodies (TöB). Public participation informs residents and interest groups about the planned projects and provides them an opportunity to submit comments during the process. This step enhances transparency and contributes to the acceptance of the project.

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Benefits at a glance

On equal footing with local communities

EEF sees itself as a partner of the community, emphasizing joint action on an equal footing. This ensures that local needs and regional specifics are considered in the planning process.

Transparency for acceptance

Public engagement is very important to us. In addition to presenting the project to the local council, EEF also conducts information events to ensure maximum transparency throughout the entire process.

Holistic approach

From the beginning, EEF evaluates all relevant factors using a holistic approach that includes all renewable energy technologies. This ensures that our projects are sustainable ecologically, economically, and socially.

  • On equal footing with local communities

    EEF sees itself as a partner of the community, emphasizing joint action on an equal footing. This ensures that local needs and regional specifics are considered in the planning process.

  • Transparency for acceptance

    Public engagement is very important to us. In addition to presenting the project to the local council, EEF also conducts information events to ensure maximum transparency throughout the entire process.

  • Holistic approach

    From the beginning, EEF evaluates all relevant factors using a holistic approach that includes all renewable energy technologies. This ensures that our projects are sustainable ecologically, economically, and socially.

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Partnership approach

Become an EEF partner and shape the future together.

EEF maintains a large regional and nationwide network. Through close collaboration with our partners, we pool expertise and resources to implement sustainable projects that meet today's and tomorrow's energy needs.

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Have questions? We have the answers.

Engin Büyükkaya

Head of Legal Department

+49 (0) 30 3434659-06

engin.bueyuekkaya@eef.de