On 9 October 2025, the Bundestag passed the Act to Accelerate Residential Construction and Ensure the Provision of Housing (Gesetz zur Beschleunigung des Wohnungsbaus und zur Wohnraumsicherung), known as the Bau-Turbo. The new Act aims to significantly speed up the often-lengthy planning procedures in housing construction and give municipalities and developers greater flexibility.
Exemptions from existing construction planning law (section 246e BauGB (new version))
The cornerstone of the new Act is section 246e(1) Building Code (Baugesetzbuch n.F., “BauGB (new version)”), a provision that like the Act itself is referred to as the Bau-Turbo and makes it possible for housing projects to deviate from existing planning law. However, any such deviation is expressly subject to the approval of the municipalities, thereby safeguarding their planning sovereignty (section 246e(2) in conjunction with section 36a BauGB (new version)). Unlike projects where municipal approval is mandatory unless the project violates sections 31, 33, 34 or 35 BauGB, the municipality may refuse to approve an exemption under section 246e(1) on other grounds. This approval cannot be granted by the next-higher authority in lieu of the municipality.
The municipality may grant approval if no significant impact on the environment or neighbourhood is to be expected. If the municipality decides to apply the exemption under section 246e(1) BauGB, additional housing may be approved following a three-month review phase without the need to draw up or amend a zoning plan. This means that housing can be constructed without any zoning plan at all, making it possible to build new homes quickly and flexibly. The Bau-Turbo provision only has limited application in outer areas, and housing projects must be immediately adjoining existing settlements (section 246e(3) BauGB (new version)), underscoring the focus on building new housing in inner-city areas.
Developers still need to obtain building permit in accordance with the respective Federal State’s law. Federal States can, however, introduce their own mechanisms to fast-track building permit (e.g. presumption of permit and shorter deadlines for permit decisions) – as Baden-Württemberg has already done in its Act to Accelerate Construction (Gesetz für schnelleres Bauen), which came into force on 28 June 2025. By our assessment, the Bau-Turbo could also indirectly speed up permit procedures, because a permit authority will likely be able to skip the review of whether there are interests that conflict with planning requirements. A review would instead be limited to matters of building regulatory law, such as fire safety.
The Bau-Turbo provision only applies until 31 December 2030. The Federal Ministry for Housing, Urban Development and Building (Bundesministerium für Wohnen, Stadtentwicklung und Bauwesen) will evaluate the impact of this new provision by the end of 2029, specifically examining whether it helps create additional housing. The Ministry has also published FAQs on the new Act and intends to support municipalities and developers through an implementation lab and webinars.
Further changes
Alongside the new section 246e BauGB (new version), the new Act also amends related provisions, specifically sections 9, 31 and 34 BauGB. It also extends the validity of existing measures designed to accelerate construction projects.
More discretion on noise protection (section 9(1), no. 23a BauGB)
Section 9(1), no. 23a BauGB makes it easier to establish noise protection regulations. This means that municipalities can now set specific emission limits and deviate from the requirements laid down in the Technical Instructions on Noise Control (Technische Anleitung zum Schutz gegen Lärm) in “justified cases”. The aim is to find pragmatic solutions to noise conflicts that arise in connection with infill development, i.e. when new housing and buildings are constructed within existing urban areas, thereby unlocking additional housing potential. The Act does not, however, define what constitutes a justified case.
Exemption from zoning plan (section 31(3) BauGB (new version))
Under section 31(3) BauGB (new version), additional housing projects may be approved in areas already covered by a zoning plan, even if this goes beyond what the original plan allowed. For example, extra housing may be created along an entire street by adding storeys and extensions or building on backland plots without the need to draw up a new zoning plan, provided that the projects fit in with the urban environment and do not conflict with public interests.
Exemptions for building in unplanned inner areas (section 34(3b) BauGB (new version))
It will also be possible to construct residential buildings in unplanned inner areas even if they do not fully fit in with the surrounding development. The purpose of this is to make better use of available space and facilitate new projects, especially in towns with limited building land. In particular, the government expects that this will unlock potential for additional infill housing in inner areas (e.g. backland development).
Extension of the ban on conversion (section 250 BauGB)
Rental apartments will continue to be subject to restrictions on conversion into freehold ownership. This measure remains a key tool to prevent tenants from being forced out of their homes. For this reason, the protection against conversion (Umwandlungsschutz) in areas with a tight housing market pursuant to section 250 BauGB will be extended for another five years.
Extension of the period for designating areas with a tight housing market (section 201a BauGB)
The provision under section 201a BauGB allowing Federal States to designate areas with a tight housing market will also be extended until 31 December 2031, providing municipalities with the regulatory tools to respond flexibly to local challenges in housing construction. These primarily include the simplified application of pre-emption rights, the possibility of exemptions and the enforcement of building orders.
Legal protection for existing businesses (section 216a BauGB (new version))
Under the newly introduced section 216a BauGB, subsequent invalidation of a zoning plan will not result in restrictions or additional noise protection requirements for commercial or industrial operations in the area. This means that existing businesses will be legally protected if residential development is subsequently permitted nearby, particularly if the urban land-use plan contained formal errors.
What does this mean for municipalities?
The Bau-Turbo will allow municipalities to streamline procedures and maximise their flexibility for housing development. The explicit approval requirement safeguards the municipalities’ planning sovereignty; they can also decide not to make use of this option.
Although the Bau-Turbo may appear to cut red tape, it will actually generate additional work for the municipalities. The wording of the new Act could cause uncertainty, in particular with regard to vague legal terms (“justified cases”, section 9(1), no. 23a BauGB). Moreover, unlike standardised planning procedures, there are no established processes for these new procedures. Many municipalities will therefore need to change how they implement section 246e BauGB, provide staff training and adapt their internal coordination processes.
Conclusion
The Bau-Turbo reflects the government’s determination to accelerate the creation of new housing. The temporary provisions give municipalities and developers practical tools to respond swiftly to the tight housing market, without compromising municipal planning sovereignty. Municipalities will be free to decide whether to make use of the turbo mechanism.
The Bau-Turbo should nevertheless be regarded as a short-term measure rather than a substitute for fundamental reforms in construction and planning law. The Act represents an initial step which – as set out in the coalition agreement – will be followed by further amendments to the BauGB and the Federal Land Use Ordinance (Baunutzungsverordnung). These developments will be worth following closely.
Forward
