Zur kompetenziellen Qualifikation baurechtlicher Regelungen

Legislative competence for public building law has been divided between the federal government and the federal states since the Federal Constitutional Court's building law opinion. However, even 70 years after the building law opinion, the clear delimitation of the areas of competence still poses considerable problems for academics and practitioners.
This is the starting point for this work, which attempts to develop a new, as legally secure as possible approach to the qualification of building regulations in terms of competences, using as an example the regulations on the protection of the townscape, which are as relevant to practice as they are problematic. In particular, the lines of development of land law and public building law are traced.