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Draft bill on Building Type E: Bavaria demands revisions from federal government

The Bavarian state government and the Bavarian Chamber of Architects are calling for improvements to the new federal draft bill on simplified construction under Building Type E.

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Draft bill on Building Type E: Bavaria demands revisions from federal government. Illustrative image generated using artificial intelligence (AI). The image does not depict a real property, person or event and is not a documentary photograph. Labelled in accordance with Article 50(4) of the EU AI Act.

The Federal Ministry of Justice and the Federal Ministry for Housing, Urban Development and Building have presented a joint draft bill to introduce so-called Building Type E. The new legislation is intended to lower legal barriers to simpler and more cost-effective construction. While the Bavarian state government generally welcomes federal action, leading representatives of the Free State view the proposed structure as inadequate and are demanding significant adjustments during the further legislative process.

Bavaria's Building Minister Christian Bernreiter stated that the federal government was stopping halfway in implementing its coalition agreement. In particular, the planned schedule met with incomprehension: a legislative process that could drag on until mid-2027 would waste valuable time in an already strained situation for the construction industry. The ministry had taken up the original initiative put forward by the Bavarian Chamber of Architects, and Bernreiter also championed the standard during his chairmanship of the Conference of Building Ministers.

Criticism of procedural hurdles and cost comparisons

Specific criticisms from the Bavarian state government focus on the practical handling of the draft bill. Bernreiter emphasised that the planned requirement for separate agreements to apply statutory minimum standards was unnecessarily complicated and would reduce acceptance of the model. Furthermore, the proposed cost comparison between conventional execution standards and the new baseline standard would generate additional administrative effort rather than provide legal certainty.

Justice Minister Josef Schmid pointed to the scale of building regulations in Germany, which are currently estimated at around 20,000 rules. He stressed that Building Type E must simplify the statutory baseline standard in such a way that affordable housing can be delivered for families and average earners without compromising safety requirements. Additional disclosure obligations and contractual hurdles would contradict this core objective.

Pilot projects in Bavaria and reactions from the Chamber of Architects

In the Free State of Bavaria, 19 pilot projects are already under way to trial simplified construction methods. A first residential building has already been completed and has proven itself in practice. Experience shows that reduced specifications can enable direct cost savings during the planning and construction process, provided that the legal framework is framed pragmatically.

The President of the Bavarian Chamber of Architects, Prof. Lydia Haack, viewed the publication of the draft positively, as it allows the design of the regulatory framework to be debated on a solid footing. In order to provide affordable housing, preserve existing buildings and manage the transition in construction, flexible instruments tailored to actual needs were essential. Building Type E opened up key opportunities here, but its detailed provisions needed to be made practically viable.

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