Regulations for the planning and establishment of large retail outlets in Germany
In Germany, the planning and establishment of large-scale retail outlets, on the one hand, must meet the requirements of the German Land Planning for the generality of all construction projects, on the other hand, it has its particularity. In general, the relevant regulations are roughly divided into four levels:
The first level: National Basic Law, Construction Code, Federal Land Planning Law, Building Utilization Regulations
The second level: state-level state planning law, state land planning outline, state comprehensive development plan,
Establish a large retail outlet implementation specification
Level 3: Regional Level Regional Development Plan
Level 4: Local-level building guidance plan, land use plan, construction plan
First of all, the national level. The relevant national laws are the German “Basic Law (GG)â€, “Building Code (BauGB)†and “Federal Land Planning Law (ROG)â€, and the German Federal Ministry of Transport, Construction and Housing has issued “Building Utilization for the whole of Germanyâ€. Regulations (BauNVO).
Second, the state. The Federal State of the United States has developed a State Comprehensive Development Plan (LEP) and a State Land Planning Outline (LROP) in accordance with the State Planning Act (LPlG), which sets out the basic principles, objectives, and The spatial structure within the state. At the same time, the construction departments of the various federal states are responsible for formulating specific implementation specifications for large retail outlets, each with a different name, but the content is generally consistent: for example, Meiqian State announced by the State Department of Labor, Building and Regional Development (MABL) “State Planning and Construction The establishment of a large retail outlet in the mentoring program and its approval process announcement (Gro?fl?chige Einzelhandelseinrichtungen in der Landesplanung, der Bauleitplanung und den Baugenehmigungsverfahren), Berlin's Urban Development Department (Senatverwaltung für Stadtentwicklung) launched "Berlin set up large Retail outlets implementation specifications (Ausführungsvorschriften über gro?fl?chige Einzelhandelseinrichtungen für das Land Berlin)" and so on.
Again, at the regional level. Regiaungsbezirk, a state-level administrative sub-district, develops a Regional Development Plan (GEP) that clarifies the objectives of land planning and regional development in the area.
Finally, the local level. The city's township (Gemeinde) government has introduced the local “Bauleitplanung†and “land use plan (FNP)â€, and accordingly formulated a specific “Bebauungsplan†to plan the development of the area and set up large-scale retail. Outlets.
First, the definition of large retail outlets.
According to Article 11 of the “Building Utilization Regulationsâ€, large retail outlets include three types:
1. Shopping center (Einkaufszentren)
The shopping center must be an overall planning, overall budget, overall construction, overall management of the building (or group of buildings), there are a number of different types of different filial piety retail stores, often accompanied by other stores that provide catering and entertainment services. At the minimum, there is a unified external representative organization that, through the form of joint advertisements, forms an overall image of mutual growth and internal connection in the eyes of customers.
2. Large retail store (Gro?fl?chige Einzelhandelsbetriebe)
A retail store that, depending on its type, location, and size, can be used to achieve federal state planning goals or to make an important impact on city development and planning. Large retail stores can be specialized in themes or mixed themes, such as: daily necessities, department stores, furniture stores, fabric markets, etc. Most of its products must be sold to private end consumers. The minimum sales area of ​​a large retail store is the maximum sales area of ​​the community store*700m2.
(*Area Verkaufsfl?che: including the aisle, stairs, facility footprint, payment area, window, booth, etc. in the store for perennial or seasonal use. When it is not possible to calculate in detail, it will be 2/3 of the floor plan area. It is counted as the sales area. The warehouse area of ​​warehouse warehouses and warehouse outlets is directly included in the sales area. The definition of sales area applies to shopping malls, large retail stores and other large stores.)
3. Other large stores (Sonstige gro?fl?chige Handelsbetriebe)
Refers to a large store set up in a special area outside the core area* (Sondergebiete), whose sales to private end consumers should account for more than 10% of total sales, including direct sales and sale to another merchant for private use. Sales. Other large stores have a similar role to large retail stores. A store that simply conducts wholesale business does not belong to this category.
(* According to Article 1 of the German Regulations on the Use of Buildings, the “land use plan†of municipal towns and towns can roughly divide the land into four types of areas: residential building area, mixed building area, development building area and special building area. “Land use The plan is valid for 15 years. The “construction plan†of the township town can further divide the land into 10 types of areas: small farm area, pure residential area, general residential area, special residential area, rural area, mixed area, The core area, development zone, industrial zone, and special zone, the "construction plan" is generally valid for less than 10 years.)
Second, the three basic principles for the establishment of large retail outlets in Germany.
1. Protect community stores from the threat of large retail outlets in core or specialized areas.
2. Protect existing large retail outlets from the threat of large retail outlets to be built.
3. Ensure that the city's infrastructure is fully utilized.
Third, the impact of large retail outlets on state planning and urban construction.
The “Building Utilization Regulations†pointed out that large retail outlets with floor areas exceeding 1200 m2 may have a greater impact on state planning and urban construction. The specific implementation specifications of the states explain this. Take the example of the establishment of a large retail outlet in the state planning and construction management plan and its approval procedure in Meiqianzhou:
1. Impact on people's life supply
The establishment of large retail outlets at one location may result in an oversupply of this location, resulting in an insufficient number of community stores in other residential areas, especially for the non-motorized population. The basis for measuring this impact is the purchasing power of the population at the location of the large retail outlets and the business area allocated by each resident.
2. Impact on the core areas of towns and towns in other cities and towns
The township itself has an administrative center or a district center. Large retail outlets set up in the edge of the township may affect the development planning of the core area.
3. Impact on traffic
In addition to the safety and convenience of transportation, it must also be considered that large retail outlets planned to be built may interfere with vehicle noise caused by the lives of nearby residents. In addition, adequate parking spaces are required for customers and unloading trucks.
4. Impact on regional image
Large retail outlets have an impact on the image of the surrounding area, and its large shed-style houses, monotonous façades and extensive parking lots are likely to undermine the harmonious image of the area. Especially in the vicinity of historical monuments and landmarks in the townships and towns, large retail outlets and the surrounding environment will be difficult to integrate.
5. Impact on ecology
Attention should be paid to the impact of building large retail outlets on water, soil, air and microclimate.
6. Environmental pollution
After the establishment of large retail outlets, customers and trucks may bring noise, exhaust and odor disturbances mentioned in the “Federal Emissions Protection Act†to neighbors.
Applicants planning to set up large retail outlets must submit written materials to the state's building supervision agency (Bauaufsichtsbeh?rde) to demonstrate that the project will not have the above impact on state planning and urban construction.
4. The states have clearly set targets for large-scale retail outlets in the “State Land Planning Outlineâ€.
According to Article 1 of the German Construction Code, the planning of all major projects is subject to the principles and objectives set by the state's land planning outline.
According to the land planning outline of Meiqian Prefecture, the target for setting up retail outlets should be:
1. Establish a sparsely and fully-expanded retail network that is demand-oriented and guarantees people's goods supply in all areas of the state. According to the German “System zentraler Orteâ€: boutiques and special goods are provided by the shops of the city centre and the upper centre (Oberzentren); the retail stores of the lower centre (Unterzentren) and the town centre are available for all daily The goods needed for life; in rural areas, there must be a retail outlet that meets the basic needs of life with convenient transportation.
(* Where is the central area, and the land planning outlines of each state have been strictly determined.)
2. Large-scale retail outlets set up in the central area, taking into account the purchasing power of the areas covered, avoiding the cross-border and affecting the survival of community stores, to ensure the supply of non-mobile people; on the other hand, to ensure their richness and diversity And the scale is comparable to the image of the central area.
3. The establishment, reconstruction or expansion of large-scale retail outlets should be unified with urban construction planning. The size, industry category and post-establishment series effects cannot be allowed to influence the role of urban township centers and urban construction structures.
According to the above three objectives, in general, large retail outlets are only set up in different levels of central areas; large retail outlets set up in non-central areas are treated only as special circumstances, such as areas that are functionally and spatially integrated with the central area. (supply or affiliated area); large retail outlets cannot be established in urban development or industrial areas (Gewerbe- und Industriegebieten).
Large retail outlets allowed in marginal areas can only sell products that have the least impact on the central area, such as furniture, wallpaper, carpets, enamel, cars and accessories, building materials and gardening supplies, fuels, etc.
If large retail outlets specializing in the following goods are set up in the marginal areas, it will have adverse effects on the development of the central area and the city, such as: food and snacks, household chemicals and perfumes, textiles and clothing, footwear, leather goods, watch and jewelry, Cameras, optical instruments, toys, sporting goods, stationery, books, office supplies, handicrafts, audio and video, home appliances, household utensils, glass, porcelain, bicycles, etc.
In addition, there are some places to consider when setting up a large retail outlet project:
- Consolidate the status of the center and maintain a decentralized retail structure
-Set up a large retail outlet to combine with the development direction of the township itself
- The principle of minimizing the occupation of the natural environment and scenery when determining the area
- Protect the iconic buildings of this area and the historic Old Town
- First consider renovating or activating the original special area to set up a large retail outlet instead of first considering opening a new special area.
- Reduce traffic load, or transfer part of road traffic to rail traffic (tram, subway, city rail, etc.)
5. Where the townships and towns need to pay attention in advance when formulating the “Architectural Guidance Planâ€
The most effective means of large-scale retail outlets in urban township adjustment areas is to propose a reasonable “construction guidance planâ€. In this guidance plan, it should be clarified that large retail outlets can only be set up in the core area and other special areas, not in urban development zones or industrial zones; it is necessary to indicate where the core zone and other special zones are, so as to ensure that they are not in other areas. Set up a large retail outlet. City towns and towns cannot influence the regional development and transformation plans of themselves and neighboring towns and towns because of the establishment of a large retail outlet.
1. When the core area is clear, it is not possible to raise a necessary special area into a core area, and the difference between the two must be clarified.
2. Set up a large retail outlet in a special area, which can specify the maximum area and the highest floor of the outlet; or specify which types can be opened and which types are not allowed to be established; the two can also be combined, for example, which type of product is sold for retail sale. How much space the store can occupy.
3. The “Architectural Guidance Program†must be combined with national planning and state planning objectives. On the basis of the “Architectural Guidance Planâ€, the municipal townships will propose a specific “construction plan†for a small urban area or a land. When the construction plan is contrary to the goal of the later announced land planning plan (Raumordnungsprogramme), the municipal township is obliged to adjust its current construction plan. The landowner* has the right to claim compensation (Entsch?digungsanspruch) if the building construction plan is used after 7 years of use, because the building construction plan may cause damage, so the landowner* has the right to claim compensation (Entsch?digungsanspruch); Functional, the owner can only compensate for violations of the functions that have been performed. City towns and cities can ask the state to compensate.
(* Only 10-20% of the land in Germany is owned by the state/city township, and the rest is privately owned.)
When a township town or town proposes its "Architectural Guidance Plan", it must introduce an Abstimmung mechanism within the relevant limited scope. If the neighboring cities and towns affected by the plan are not invited to participate in the voting process, they have the right to Damage to the court for defensive representations (Abwehranspruch).
In addition, in the category of “public interest bearer participation†as stipulated in Article 4 of the “Building Codeâ€, the participation of the Chamber of Commerce and Industry of Germany is most important when proposing a large-scale retail outlet plan.
Six, the license of a single project
The licensing process is as follows:
Development Applicant ===>> Submit Application to City Township Government ===>>
Whether the city township inspection conforms to the original construction plan or proposes a new construction plan ===>>
Public voting ===>> City Township Committee Review ===>> State Building Administration Office Inspection and Approval
In addition, there is no specific regulation in Germany. It is only allowed to set up a large retail store with a maximum area of ​​towns and towns.
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