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6 July 2023
Publication series – 57 of 78 Insights
The amending law to strengthen digitisation in the urban land use planning process and the further expansion of renewable energies
- Quick read
Update of the Insight (July 6th 2023)
Briefing
In the 2021 coalition agreement, the Federal Government decided to speed up planning and approval procedures for construction. On 14 December 2022, the Federal Cabinet adopted a draft law to strengthen digitisation in the urban land use planning procedure. On 15 June 2023, the Bundestag has now approved the Amendment Act for Digitisation in Urban Land Use Planning and for the Amendment of Other Regulations.
This project is intended to strengthen the economic development of the country. According to the amendment bill, above all, participation in the context of urban land use planning procedures is to be carried out digitally, the deadlines for approving certain urban land use plans are to be shortened and further legal facilitations for the expansion of renewable energies are to be introduced.
Core elements of the draft
Digital planning procedure – Up to now, draft plans have to be laid out in paper form and then inspected on site at the responsible office (Sec. 3 para. 2 German Building Code (BauGB)). However, as a result of the law, the public in particular is to be given digital access to the documents of a zoning panel procedure in the future. This is intended to remove considerable hurdles by allowing documents to be inspected from home and also to comment on the zoning plan digitally.
No (purely) formal repetitions – If zoning plans are amended in the procedure, they must regularly be laid out in full a second time at the competent building authority – and the authorities involved and the public could again comment on the entire zoning plan (Sec. 4a para. 3 S. 2 BauGB). The competent authority could make exceptions to this and only lay out the amended sections of the zoning plan. However, the normal case was the complete repetition of parts of the procedure. For a more efficient procedure, this repetition is to be abolished and only the amended planning section must be laid out.
Shorter approval periods – Currently, the competent supervisory authority has to decide on the approval of a land use plan within three months (Sec. 6 para. 4 BauGB). These three months are to be shortened to only one month. Here, too, the explicit aim is to accelerate the procedure.
Facilitated expansion of renewable energies – The Amendment Act now allows exemptions from zoning plans in favour of solar and wind energy plants (as a so-called general interest within the meaning of Sec. 31 para. 2 no. 1 BauGB). In addition, the construction and commissioning of installations for the generation of electricity from solar radiation energy and wind energy as ancillary installations is facilitated, especially in commercial, industrial and other special areas.
The amendments to the law presented will come into force on the day after their announcement – this is still pending.
Do you have any questions about speeding up your approval procedures and/or building or environmental law, etc.? We look forward to hearing from you.
In this series
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10 March 2026
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Electricity Tax Amendment 2025/2026: New rules for BESS, charging infrastructure and renewable energies
14 January 2026
Battery storage systems in outdoor areas - current classification in accordance with § 35 BauGB
19 December 2025
HR compliance in the energy sector – customs authorities step up the fight against sham-employment
15 December 2025
The Current Challenges for Offshore Wind Energy in Germany
2 December 2025
by Multiple authors
Offshore wind in Germany: from market premiums to Contracts for Difference?
28 November 2025
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Energy Sharing under Section 42 of the German Energy Industry Act (EnWG)
26 November 2025
Bundestag Decides on the Privileging of Battery Storage Facilities in Outdoor Areas under § 35 (1) BauGB
12 November 2025
Industrial electricity price: Initial assessment and opportunities for companies
21 November 2025
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22 October 2025
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The Renewable Energy Expansion Acceleration Act – a boost for the energy transition in Austria?
23 September 2025
Federal Network Agency discussion paper on reforming grid fees for industry and commerce
25 September 2025
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18 September 2025
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15 September 2025
New amendment to the Energy Industry Act (EnWG) introduced in July and August 2025
8 September 2025
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8 September 2025
by Dr. Michael Brüggemann, Johannes Schaadt-Wambach, LL.M. (Prag)
Industrial electricity prices: initial assessment and opportunities for businesses
18 August 2025
by Johannes Schaadt-Wambach, LL.M. (Prag), Dr. Markus Böhme, LL.M. (Nottingham)
Regulatory Framework for Transmission System Operators in Germany
18 August 2025
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Court ruling on the effectiveness of availability guarantees for wind turbines
31 July 2025
New Legal Framework for the Commercial Use of Carbon Capture and Storage (CCS) and Carbon Capture and Utilisation (CCU)
11 July 2025
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17 June 2025
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Speeding up the energy transition - the new German government’s plans for gas and steam power plants and its quest for the right technology for renewable energy
8 May 2025
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Update - Change of government opens the door to carbon capture and storage and carbon capture and utilisation
17 April 2025
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The special fund for infrastructure and climate protection - what is next?
10 April 2025
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Changes to CBAM through Omnibus legislative package
10 April 2025
The role of heat probes in the energy transition: Authorisation procedures and potential
26 March 2025
CJEU judgement on customer installations in accordance with Section 3 No. 24a Law on the Energy Industry EnWG
26 March 2025
by Dr. Markus Böhme, LL.M. (Nottingham), Dr. Christian Ertel
Will the new German government open the door for carbon capture and storage?
26 February 2025
by Multiple authors
Waste heat from data centres - new reporting obligations under the EnEfG
6 February 2025
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11 December 2024
Decision day: Grid fee exemption in customer systems and energy price brake put to the test
28 November 2024
by Dr. Christian Ertel, Dr. Markus Böhme, LL.M. (Nottingham)
Hydrogen core network - The Federal Network Agency’s strategy for the energy transition
11 November 2024
by Multiple authors
Amendment to the Energy Industry Act: changes for energy supply companies and grid and system operators
18 September 2024
by Dr. Christian Ertel, Dr. Markus Böhme, LL.M. (Nottingham)
Standard Essential Patents: A new challenge for the IoT and smart meter world
10 September 2024
Land acquisition and data protection: The importance of the GDPR when project developers request owner data
18 July 2024
by Dr. Patrick Vincent Zurheide, LL.M. (Aberdeen), Dr. Julia Wulff
Municipalities to share profit in wind turbines and ground-mounted photovoltaic systems
11 July 2024
Solar Package I - Overview of Changes to Ground-Mounted and Building-Mounted PV Systems
27 May 2024
Mandatory special charge for open space photovoltaic systems in Brandenburg
21 February 2024
A new era for wind energy investments in Hungary
Power Play: Renewable Energy Update
26 January 2024
Updating the National Hydrogen Strategy
6 November 2023
by Dr. Niels L. Lange, LL.M. (Stellenbosch), Dr. Janina Pochhammer
The new CO2 border adjustment mechanism (Carbon Border Adjustment Mechanism - “CBAM”) - first statutory reporting obligations set for January 2024
Power Play: Renewable Energy Update
3 November 2023
New IT security requirements for the energy sector
Power Play: Renewable Energy Update
1 September 2023
by Dr. Paul Voigt, Lic. en Derecho, CIPP/E, Alexander Schmalenberger, LL.B.
Does monument protection hinder the expansion of renewable energies?
Power Play: Renewable Energy Update
16 August 2023
The amending law to strengthen digitisation in the urban land use planning process and the further expansion of renewable energies
Power Play: Renewable Energy Update
6 July 2023
Challenges for data center operators - The federal government’s draft bill for an energy efficiency act
Power Play: Renewable Energy Update
12 April 2023
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The Energy Charter Treaty in the Light of the Electricity Price Brake: An opportunity for investors to litigate?
27 January 2023
Ordinance for Determining Critical Infrastructures (KritisV): Renewable energy plants as critical infrastructure and requirements for IT protection
Power Play: Renewable Energy Update
12 July 2022
by Dr. Paul Voigt, Lic. en Derecho, CIPP/E, Dr. Markus Böhme, LL.M. (Nottingham)
Liquefied Natural Gas Projects in Germany: The LNG Acceleration Act
Q&A series: Energy & Infrastructure
10 June 2022
Participation of local municipalities in the context of wind and photovoltaic projects
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Renewable Energy Wrap-Up – France
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27 April 2022
Renewable Energy Wrap-Up - United Kingdom
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Building energy performance: the revised Energy Performance of Buildings Directive
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Fit for 55 – Hydrogen and the Reform of the European Gas Market
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11 January 2022
Renewable Energy Wrap-Up – Netherlands
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2 December 2021
Renewable Energy Wrap-Up – Poland
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21 September 2021
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Renewable Energy Wrap-Up – Austria
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18 August 2021
Renewable Energy Wrap-Up - Germany
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12 July 2021
Floating Foundations for Offshore Wind Farms
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8 June 2021
Species protection exemption: Significance for wind energy
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25 May 2021
Power-to-Hydrogen
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6 April 2021
Focus PV – Floating Solar and Agrivoltaics
Power Play: Renewable Energy Update
23 March 2021
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