Building Law and Planning Guidelines for the Realisation of Cultural Events in Former Agricultural Buildings in Brandenburg

Initial situation and task

Numerous funding programmes are intended to support the expansion of cultural spaces, but the conversion of former agricultural buildings in particular presents both cultural event organisers and planners with a major and seemingly insurmountable challenge.

This guide examines the building law issues that need to be addressed when cultural events are to be realised in buildings formerly used for agricultural purposes and how a building can be assessed for its suitability as a cultural venue. In addition, it will be analysed whether a generally applicable procedure can be developed.

A former LPG cowshed in Dahnsdorf in the Hohe Fl?ming region and the vision of "ARTHOK", a new cultural venue in rural areas, serve as an exemplary model object. The two cowsheds are to be redesigned and repurposed for theatre and dance performances, exhibitions and workshops. In addition, artists' residences, rehearsal rooms, an artists' caf¨¦ and a museum are to be created. A creative exchange platform for artists is to be established and this work is to be a handbook that shows which topics need to be addressed in this way.

Using checklists with test criteria and diagrams, it should also be possible for semi-professionals to assess a building and a process should become clear. The written elaboration of this work assumes the explanatory function and deals with the basics of the permissibility of a building project as well as the structural requirements and authorisations. To this end, the three pillars of public building law are analysed in detail.

Results of the permissibility assessment

The first pillar, building planning law, regulates what may be built, where and with what permitted use. The exemplary analysis shows that the location of the buildings in the outdoor area according to ¡ì 35 BauGB in particular represents a hurdle, as this is fundamentally to be kept free of development and reserved for nature and agriculture. For this reason, in most cases there is no legal basis under building planning law for the permanent conversion of former agricultural buildings. Although the legislator has created a possibility to permit favoured projects in the outdoor area with para. 4 of ¡ì 35 BauGB, the conditions for permissibility prove to be difficult or impossible to implement in practice for many of the vacant buildings. As a result, under the current legal situation, the only option available is often to draw up a development plan and allocate it to the planned inner area in accordance with Section 31 BauGB. This involves a great deal of time, planning and, above all, financial effort, which many cultural professionals cannot afford. There is a desire for simpler solutions. The study shows that there is currently a lack of planning law models for this. The inner area, on the other hand, offers more opportunities for changes of use, as facilities for cultural purposes are permitted or exceptionally permitted in almost all building areas in accordance with the Building Utilisation Ordinance.

Regardless of the situation under building planning law, neighbouring interests must be protected in the event of a change of use. Emissions caused by the event, such as loud music and traffic or air pollution from exhaust fumes, are among the decisive factors that can prevent authorisation. Both the type and frequency of the cultural event again play a central role.

As a result of the study, it appears that in many cases the only way to obtain a licence is via a temporary change of use, which is not regulated by law. This offers more options, particularly in the case of difficult authorisation requirements such as in outdoor areas, high emission values or a lack of financial resources.

This is also confirmed by the building analysis. Mobile or provisional solutions are available to fulfil structural requirements for temporary uses and exceptions can be made for rare events. This can be done deliberately, as the lack of legal provisions means that there is no generally applicable planning instrument and the power to decide on authorisation is at the discretion of the building authority.

Results of building assessment

Several phases were identified during the building assessment. The concept and the comprehensive gathering of information about the building, the site and the surrounding area form the basis for the further assessment. The type and required infrastructure of the event as well as the size and frequency of the event are the fundamental pillars for the concept development.

However, if it turns out after an assessment that a concept cannot be realised as planned, the concept pillars can be adjusted to enable use if necessary. In any case, forward-looking planning and utilising the existing building are indispensable tools on the way to an efficient conversion.

The structural requirements that the building must fulfil with regard to the new use are regulated by the Brandenburg Building Code. Compliance with the central protection objectives is a prerequisite for a conversion of the building that is permitted under building law.

Among other things, the condition of the building, its load-bearing capacity and compliance with fire protection requirements are examined in detail. The latter depend largely on the classification of the building. When the use of agricultural buildings for cultural events is changed, the building class always changes and it is often necessary to classify the building as an assembly centre, a special building. This increases the fire protection requirements. The building must be inspected at an early stage, particularly with regard to escape routes, fire resistance classes of the building materials and required technical installations.

The analysis shows that former agricultural buildings are well suited for cultural events due to their spatial conditions. Predominantly ground-floor utilisation and large access gates enable rapid rescue in the event of danger. The fire protection requirements for building materials are even exceeded in most LPG cow sheds. In many cases, the high proportion of combustible materials in old barns can be compensated for by additional safety measures. The accessibility of the building for the fire brigade and a sufficient supply of extinguishing water are key elements for authorisation. For this reason, a well thought-out fire protection concept is essential and an important part of this work.

Damage to the construction and year-round use of the cowsheds have emerged as weak points. A lack of heating systems and an insufficiently insulated thermal envelope make it difficult to heat the often large rooms. Accessibility must also be taken into account in the structural requirements, although relief can be claimed for existing buildings under difficult conditions. In addition, compliance with hygiene standards for sanitary facilities and the use of drinking water must be ensured; since the pandemic, hygiene and safety concepts have increasingly been required even for smaller events.

This paper shows that there are no clearly defined rules for the documents to be submitted and the conditions imposed by the building authorities. A basic level of required evidence can be identified, but the actual scope varies from district to district and from property to property and increases significantly with the change from a temporary to a permanent change of use. Every building is unique; even with a standardised LPG cow shed, the location, surroundings and quality of the building's construction can lead to individual decisions.

However, this guide can point out the common thread and provide an overview of the relevant issues, the authorities responsible and the applicable laws. With the help of numerous lists, application examples and classification aids, the project sponsor is thus prepared for the property-specific steps on the way to realising a cultural event.