The position at 1 August 2026
| Date | Step |
|---|---|
| 30 October 2025 | First stage in force: act to accelerate housing construction |
| March 2026 | Departmental coordination begun for the second stage |
| 2 April 2026 | Draft sent to states and associations for comment |
| 27 May 2026 | Cabinet draft adopted |
| open | Vote in the Bundestag |
The second stage was not in force at the date of checking. It was in the parliamentary process, with a Bundestag vote envisaged before the summer recess.
Since the act does not require Bundesrat approval, it can enter into force comparatively quickly. The beginning of 2027 is named in the available planning.
The first stage already applies
The provision that took effect first is framed as an acceleration measure and is time-limited to 2030. Under certain conditions it permits departures from planning law in favour of housing.
For developers this means an instrument is already available that can widen the permissibility of housing projects. Its application must be assessed case by case.
What the second stage provides
The cabinet draft is titled an act to modernise urban development and spatial planning law. It pursues three aims: faster procedures, priority for housing, and more effective instruments for municipalities.
| Proposed change | Content |
|---|---|
| Housing as an overriding public interest | in areas with strained housing markets, housing is to carry that weight |
| Extensions and additional storeys without amending the plan | additional storeys in particular are to become possible without amending the local plan |
| Accelerated planning procedures | a planning procedure is to take considerably less time than is now usual |
| Instruments against derelict property | municipalities are to receive more effective means of action |
| Special areas in the preparatory land use plan | for certain outer zone projects, such areas are to be designatable |
The article on development in the outer zone covers the existing system this point would alter. It also sets out which projects are already privileged today.
What has already been struck out
A note on checking sources shows why the stage of the process matters. It concerns a provision that did not survive the draft.
The privilege for storage installations covering battery and hydrogen storage, still contained in the departmental draft, no longer appears in the cabinet decision.
Anyone relying on an account based on the departmental draft is therefore working from a superseded position on that point. With legislation in progress, it is not only the date of a source that must be checked but which stage of the process it reflects.
Further changes in the parliamentary process are possible. Draft text should therefore not be confused with the law in force.
What applies to pending projects
The principle is simple and matters for programming. It concerns which law applies to pending procedures.
Pending applications are in principle concluded under the old law. Once the reform takes effect, the new rules apply to new projects.
A judgement therefore arises in certain situations. What must be decided is whether it is better to apply under the current law or to await entry into force depends on the project and must be assessed case by case.
For projects that would benefit from the planned relaxations, particularly additional storeys and extensions, waiting may make sense. For projects unconnected with the changes, that consideration falls away.
The link with energy law
The two reforms run in parallel and are frequently conflated, but they concern different questions. One concerns the procedure, the other the technology.
| Reform | Subject | Status |
|---|---|---|
| The building code reform | planning and consent law, that is whether and how fast building may take place | second stage in the parliamentary process |
| The Building Modernisation Act | the energy requirements and heat supply | already in force |
Owners should consider both together, because a project is touched by each. The article on the Building Modernisation Act covers the other reform.
Related articles
This article reflects the position of the legislation at the date of checking and serves professional orientation. It does not constitute legal advice and does not replace assessment of the individual case.