Conservation Ordinance Areas § 172 BauGB

Three types of conservation statutes are distinguished in § 172 BauGB, 1. for the preservation of the area’s urban characteristics due to its urban design (paragraph 1(1)); 2. for the preservation of the composition of the residential population — the milieu protection statute — (paragraph 1, point 2), 3. Urban restructurings (1) No. 3 (no application in Berlin so far). The milieu protection statute issued in the city states as a legal order serves to preserve the composition of the residential population for special urban planning reasons. This instrument can only be used to avoid negative consequences for urban development, which can be caused by a serious change in the composition of the housing population, e.g. underutilisation of social infrastructure, which would have to be created by the possible displacement elsewhere in the urban area.