The role of the federal states’ building regulations in the expansion of the mobile network

Many state governments have announced or passed amendments to their building regulations allowing the speedy expansion of mobile phone networks to meet growing demand. These developments also provide planning security for local authorities and mobile network operators.

Building regulations are the responsibility of the federal states. One key requirement is that all mobile network installations higher than 10 metres must have a building permit. Over the past years, a number of states have amended their building regulations to allow the construction of antenna installations below 10 metres without a permit.

The building ministers of the federal states meet regularly at the so-called ‘Building Ministers' Conference’ to discuss greater national consistency in regulations. The outcomes of these discussions are set out in a ‘model building regulation’. The model is not binding for the federal states; each ministry is free to decide whether to incorporate these regulations into their state laws. In November 2003, the Ministers' Conference revised the model building regulation. The list of projects not requiring a building permit (pursuant to sect 61 para 1 no 4a of the model building regulation) includes mobile network installations up to a height of 10 metres and the accompanying supply units up to 10 cubic metres. According to the Building Ministers' Conference, any change of use for such installations will no longer require a building permit.

A number of federal states have already amended their building regulations to comply with this modification, for instance, North-Rhine/Westphalia, Baden-Württemberg, Rhineland-Palatinate, Bavaria, Hesse, Mecklenburg-Western Pomerania and Bremen.

In 2003 the federal states of Baden-Württemberg, Rhineland-Palatinate and Mecklenburg-Western Pomerania exempted mobile network installations with a height of up to 10 metres from requiring a building permit. In July 2003, North-Rhine/Westphalia decided that a change in use caused by the erection of mobile network installations in, at or on buildings no longer requires a permit.