The newly introduced section 246e Building Code (Baugesetzbuch, “BauGB”), commonly known as the Bau-Turbo, is designed to accelerate the delivery of housing projects. Federal, state and municipal authorities have now issued extensive FAQs and guidelines to support the provision’s application in practice. While these measures provide welcome clarity for stakeholders, they also highlight regional differences in interpretation and application, as well as the practical limits of the new framework. For now, the anticipated boost to construction speed remains largely aspirational.
Introduction and background
The Act to Accelerate Residential Construction and Ensure the Provision of Housing (Gesetz zur Beschleunigung des Wohnungsbaus und zur Wohnraumsicherung), which came into effect on 30 October 2025, was prompted by Germany’s ongoing housing shortage. The cornerstone of the new Act is the Bau-Turbo provision in section 246e BauGB, which makes it possible for housing projects to deviate from planning law if certain conditions are met. The provision is temporary, however, and applies only until the end of 2030, and only if the municipality agrees. For further details, see our previous articles here and here (German only).
The ultimate success of the Bau-Turbo also depends on a number of other factors. Although the provision addresses the main obstacle to housing projects – planning law –, developers must still obtain building permits and comply with building, fire safety and other sector-specific requirements. The real test will be whether authorities and developers can swiftly identify suitable projects and incorporate the new instrument into existing administrative procedures at state level.
The publication of numerous federal and state FAQs and guidance documents since the beginning of the year suggests that the focus is now shifting from legislative reform to implementation in practice.
Measures taken by the federal government and the federal states
The Federal Ministry for Housing, Urban Development and Building (Bundesministerium für Wohnen, Stadtentwicklung und Bauwesen) has issued both general and stakeholder-specific FAQs addressing the needs of businesses, developers and municipal authorities. These initiatives have been supplemented by the model implementation decree adopted by the Expert Commission on Urban Development of the Conference of Building Ministers (Fachkommission Städtebau der Bauministerkonferenz) in March 2026, as well as an implementation lab established to support municipalities through practical guidance and the exchange of best practices.
The federal states – including Bavaria, Baden-Württemberg, Brandenburg, Mecklenburg-Western Pomerania, Lower Saxony and Schleswig-Holstein – have followed suit with a large number of their own FAQs, manuals and guidelines. Hesse has gone a step further by adapting the model implementation decree to include state-specific administrative guidance. Cities such as Berlin, Hamburg, Cologne, Frankfurt and most recently Schwerin have also issued guidelines to support municipal decision-making.
At the same time, the federal states are pursuing broader reforms to building regulations, fire safety requirements and administrative procedures. Bavaria is currently leading the way with its own Bavarian Bau-Turbo. The draft bill was approved by the Council of Ministers on 9 June 2026 and trade associations have now been asked to comment. The draft aims to designate housing construction as an overriding public interest and introduces new provisions on conversion measures, making it easier to convert, extend and repurpose existing buildings for residential use and reducing the need for project-specific deviation requests.
Key similarities and differences in the FAQs
While the FAQs are not legally binding and do not alter the legal framework, they address recurring questions of interpretation and procedure, promote a common understanding among administrative authorities, and offer project developers initial guidance.
- Similarities: The federal and state FAQs are similar in several key respects. They consistently emphasise that the Bau-Turbo applies only to housing projects and associated uses, and that municipal approval remains a key prerequisite. The FAQs focus in particular on the relationship between section 31(3), section 34(3b) and section 246e BauGB and how they interact in practice. A step-by-step approach is recommended: first, section 31(3) BauGB (additional housing development under an existing zoning plan) or section 34(3b) BauGB (deviations for developments in built-up areas), followed by section 246e BauGB (the actual Bau-Turbo provision enabling housing development without a zoning plan). The FAQs identify public interests, neighbouring property rights and land-use plans as limiting factors, clarify that building regulations and sector-specific legislation remain in force and emphasise that applicants cannot demand that these provisions of the BauGB be applied.
- Differences: There are also material differences between the federal and state FAQs. While the federal government’s FAQs provide a general frame of reference and primarily address fundamental issues of federal law, the state-level documents focus more on practical issues and translate federal regulations into state-law procedures. In particular, they set out in detail how the federal provisions interact with the state building codes – for example, with regard to exemptions, deviations, preliminary decisions, deadlines, the competent authorities and the presumption of approval. In some cases, the federal states also differ on aspects such as whether application of the aforementioned provisions is assessed ex officio or must be applied for separately, and which local authority is responsible for granting approval. State-specific guidance further diverges on issues such as the interaction with local building regulations, public consultation procedures, environmental documentation requirements and urban development agreements.
Concerns
State-level implementation may result in an increasingly fragmented regulatory landscape. In addition to the differences already inherent in the various state-law regimes governing building permit procedures, developers must now also contend with state-specific interpretations and enforcement guidelines, as evidenced by the growing number of FAQs issued by the federal states and local authorities. A further challenge stems from the very nature of the instrument itself: the Bau-Turbo is specifically designed to accelerate housing projects. Where retail and other uses are to be developed within a residential neighbourhood at the same time, this may complicate the application of the Bau-Turbo and a zoning plan procedure may still be required.
Conclusion
The Bau-Turbo has now entered the implementation phase, supported by extensive guidance issued by the federal government, federal states and local authorities. However, its impact on actual construction activity has so far been limited, given that the planning-law relief removes only some of the barriers to development. Persistently high land and construction costs, together with divergent building regulations at state level, continue to pose significant challenges. Even so, the Bau-Turbo remains a potentially valuable tool for project developers. Whether it ultimately lives up to its name will depend on how successfully the new FAQs and guidelines are translated into administrative practice and reflected in actual permitting decisions.
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