2 The essential content of a binding land-use plan
3 Effects of the requirements of spatial planning on a binding land-use plan
4 Procedure for preparing a binding land-use plan
5 Legal remedies against binding land-use plans
The binding land-use plan is the key instrument for the urban structural development of a municipality. In the binding land-use plan, stipulations laid down in graphic elements and text regulate the urban structural and other development of the municipal territory. As a rule, building projects must be approved if they are consistent with the stipulations of the binding land-use plan and are permissible in terms of building regulations.
A binding land-use plan may not violate higher-ranking laws, in particular the objectives of spatial planning. A binding land-use plan may be legally challenged by a third party affected by the plan by means of a judicial review of legislative acts pursuant to section 47(1) no. 1 of the Code of Administrative Court Procedure (Verwaltungsgerichtsordnung, VwGO). In addition, parties may have the lawfulness of a binding land-use plan reviewed through (concrete or incidental) judicial review by way of an action of annulment or an action to compel a decision.