Leistungsfähigkeit des städtebaulichen Instruments Milieuschutz für die Stadtentwicklung in Berlin

Martin Geßner, Rudolf Schäfer, Technische Universität Berlin, Technische Universität Berlin
The construction code offers according to §172 BauGB (Preservation of Physical Structures and the Characteristics of Areas) the possibility to place in chosen areas architectural changes, renaturation and changes of utilisation under a separate proviso of building permit law. A reason for the application of such a preservation statute can lie upon §172 Paragraph 1 Sentence 1 No. 2 BauGB in the "Composition of the Residential Population". The aim lies in such a case in the preservation of
more » ... servation of inexpensive living space for economically weaker households. Due to the social component this part of §172 BauGB is also called a "Social Preservation Statute" or "Social Environment Protection Statute". The reunion of Berlin in 1989 and the capital city decision in June 1991 suddenly placed the internal-urban residential areas, which lay during the division in edge districts, in the centre of the urban development. Particularly in these areas, the demand for attractive living spaces and offices grew due to the movement of government and administrative members as well, as well as from national and international businesses, in particular in the inner-city areas. However, the basic conditions of the Berlin urban development have further changed. Today, for example, because of the many years' decline in population, a wide offer of empty living and commercial spaces in various price levels are available in Berlin. The aim of this paper is to examine whether social environment protection is still up to date today as a "social town-planning instrument" or whether there are better suitable urban development tools, which can possibly even be linked. The paper is divided into a legal part and an urban development part. First the "Preservation Order is discussed according to §172 BauGB" and thereafter the "Social Environment Protection Order" (§172 paragraph 1 sentence 1 No. 2 BauGB) is discussed in more detail. After consideration of the legal principles, the urban development of Berlin and the use of the social environment protection is [...]
doi:10.14279/depositonce-2029 fatcat:7nhwy5ey75dzlf5rtrbpa7ma64