113 Architecture questions - What is the development plan and what is it for?
What is the development plan and what is it for? (Author: Georg Denninger)
The development plan is issued at municipal level on the basis of the local spatial planning programme and the zoning plan and is reviewed by the province as the supervisory authority. It defines the development regulations according to which the building land is to be developed in the future in order to create a harmonious settlement structure and an attractive townscape, as well as to regulate the development densities specified in the spatial planning programme. Like the zoning plan, the development plan is available for inspection at the respective municipal offices. In many municipalities, it is now also available online.
The development plan primarily regulates the building class (permitted building height), the building density (% share of the buildable area) and the building method (open, coupled, closed).
Building lines define areas that are located in building land but should remain undeveloped (e.g.: building meadows). The associated textual provisions can include details on parking spaces, roof shapes and their permitted design or the design of enclosures, etc. It can happen that there is a zoning plan but no development plan. This is the case in many Lower Austrian municipalities, for example. However, this is by no means a licence to build as you wish. The respective provincial building regulations contain provisions for this, which stipulate building development taking into account the appearance of the location and the interests of neighbouring residents.
In the event that the development plan conflicts with the desired project, an amendment to the development plan can be proposed. However, landowners have no legal entitlement to the requested development regulations: It is not an official but a political decision (local council) whether a development plan is amended. As the development plan is issued by means of an ordinance, there is no right of appeal, and the municipal council also has the option of issuing building restrictions as part of a planned revision of the development plan. During such a building freeze, all submissions in the area to be revised are reviewed. A new development plan is made available for public inspection before a decision is made and anyone can submit a written statement.
In Vienna, there is the option of "freezing" by publicising the development regulations. This gives property owners planning and legal certainty for 18 months. This option does not exist in other federal states, meaning that a municipality can literally impose a building freeze overnight in order to prevent an unwanted project.
Our recommendation is therefore: always consult the development plan before buying a plot of land in order to clarify how the plot may be built on. Especially with regard to the existence of a possible building ban or planned revision.