What the “construction turbo” means for municipalities and building supervisory authorities

The Bundestag has passed the “construction turbo” and local authorities can now significantly accelerate certain construction projects.

According to the law passed on October 9, 2025 to accelerate housing construction and secure housing, building supervisory authorities will be able to approve residential construction projects with the consent of the municipalities in future, even if they do not comply with existing development plans or other requirements of building planning law.

The new regulations at a glance

In addition to the “construction turbo”, the Act to Accelerate Housing Construction and Secure Housing also introduces various acceleration elements into the BauGB.

New deviation options through Section 246e BauGB (“construction turbo”)

However, the most far-reaching acceleration options are offered by the new Section 246e BauGB. According to this, it is possible to deviate from the provisions of the BauGB and the regulations issued on its basis. This includes development plans and other statutes as well as the provisions of the German Land Use Ordinance (BauNVO). However, deviations are only permitted for the creation of living space or the construction of new or the modification of existing buildings that serve residential purposes.

The authority must ensure that the project is compatible with neighboring interests and public concerns. The municipality must also give its consent. This is governed by the new Section 36a BauGB. The local authority can refuse consent on the basis of an assumed breach of the BauGB or for other reasons. Consent is deemed to have been granted if it is not refused within three months.

Extended exemption options (Section 31 (3) BauGB)

On the basis of the new Section 31 (3) BauGB, the building supervisory authorities can, for example, grant exemptions from the provisions of a development plan in future, even in several comparable cases and irrespective of the existence of a tight housing market.

Deviation from the insertion requirement in unplanned inner areas (Section 34 (3b) BauGB)

A new Section 34 (3b) BauGB makes it possible to deviate from the requirement of integration in unplanned inner areas in order to facilitate residential construction projects.

Easier handling of noise protection requirements (Section 9 (1) No. 23 (a), Section 216a BauGB)

Further changes concern regulations in connection with deviations from the TA-Lärm, which can be particularly relevant for inner-city densification projects.

This applies to the practical application

The new regulation raises a number of questions. Local authorities and building supervisory authorities should pay particular attention to the following points when applying the new regulations in practice:

1. How environmental impacts are to be taken into account: The new simplifications may only be used if the projects are compatible with public interests, taking into account neighboring interests. In addition to Section 246e BauGB, this also applies to Sections 31 (3) and 34 (3b) BauGB. In the case of Section 31 (3) BauGB, the regulation expressly states that there is a lack of compatibility in particular if a rough assessment indicates that significant environmental impacts are to be expected. A rough environmental assessment is also necessary in the area of application of the “construction turbo”. If necessary, a strategic environmental assessment must be carried out in accordance with Sections 38 to 46 UVPG. If existing residential buildings are only modified, for example by adding a storey, only the environmental impact of the modification must be taken into account, not that of the original planning. In the case of new construction projects, on the other hand, it is not always immediately clear which environmental impacts should be included in the assessment and which should not. In cases of doubt, the building supervisory authorities should consult with the highest building supervisory authorities in their federal state. It also remains unclear which criteria should be used to assess the environmental impact. Annex 2 to the BauGB, which contains criteria for the rough assessment of the environmental impact of inner development plans in accordance with Section 13a BauGB, provides guidance in this respect.
2. Scope for refusal: The municipality can refuse its consent if the project is not compatible with its ideas of urban development and order. In principle, it has a wide scope of discretion in this respect. However, it remains bound by the general principles of the rule of law, in particular the requirements of the principle of equality under Art. 3 GG.
3. Granting consent subject to conditions: The local authority can make its approval in accordance with Section 36a (1) sentence 3 BauGB subject to the condition that the developer undertakes to comply with certain urban development requirements. Among other things, this may involve the conclusion of urban development contracts. This results in a wide range of design options in connection with the new regulations, which are, however, also accompanied by uncertainties regarding the legal framework to be complied with.
4. Projects in outdoor areas: The “construction turbo” is primarily intended for indoor areas. The regulation can also be applied to outdoor projects if they are spatially connected to development plan areas or the unplanned inner area. The draft law does not clarify when a spatial connection exists. However, according to the explanatory memorandum, 100 m from the existing edge of a settlement is already too far.

How local authorities and building supervisory authorities should prepare for the “construction turbo”

To ensure that the new powers do not fail to achieve their purpose of accelerating housing construction, local authorities and building supervisory authorities should take preparatory measures:

• Municipalities should determine in which areas of the municipal territory a deviation in favor of residential construction is possible. It can also be useful to develop abstract guidelines. These should contain clear criteria for the conditions under which deviations are approved. Legal advice can help to ensure consistent decision-making practice, taking into account the legal framework.
• It may be advisable to secure and legitimize the guidelines by means of a basic resolution of the municipal council on how to deal with the new deviation powers.
• Municipalities should involve relevant specialist departments at an early stage and clarify internal processes between building control and urban planning. This can make it easier to carry out a rough assessment of the likely environmental impact later on. Legal advice can help to align the processes within the approval procedure with the new legal framework.
• It also makes sense to collect relevant environmental information in advance for the areas identified by the municipalities for the “construction turbo”. In this way, a suitable data basis can be established for the short-term implementation of rough environmental assessments.

The new regulations establish an approval regime that deviates from the previous system at key points. Considerable effort is required to familiarize oneself with this and to readjust the cooperation between planning authorities and building supervisory authorities. The measures listed above can provide assistance in this regard. Now that there is clarity about the legal changes, local authorities and approval authorities should lose no time in adapting to the new legal situation.

Read here how KPMG Law can support local authorities and building supervisory authorities.

Read here how project developers, real estate companies, housing cooperatives, property developers and investors can benefit from the construction turbo.