Term and legal classification of the locality
The term “locality” appears in numerous areas of law and has a differentiated legal meaning in German-speaking regions. In public administration, especially in municipal law as well as road traffic, registration, and building law, the locality is a central reference unit. The definition and function of a locality are not uniform and may vary depending on the federal state and the relevant area of law. This article provides a comprehensive legal overview of the term locality, explains its constitutional, administrative, and traffic law dimensions, and describes the distinctions from related terms such as municipality, district, and place.
Definition and legal basis of the locality
General definition of the term
A locality in the legal sense is a definable settlement unit within a larger administrative area. It can act as an independent, subdivided administrative unit of a municipality or exist as a geographical entity without its own administrative powers. The precise legal meaning predominantly depends on the applicable state-specific regulation.
Legal sources
The following are the relevant legal sources for the definition and legal status of the locality:
- Municipal law of the federal states (e.g., municipal codes, locality constitutions)
- Road traffic law (Road Traffic Regulations – StVO)
- Registration law
- Federal statistics law
- Building law (e.g., German Building Code – BauGB)
- Statutory instruments and municipal bylaws
Locality within the municipal regulatory system
Locality constitution and locality law
Some federal states provide in their municipal code for the possibility or obligation to form localities within a municipality. According to § 67 of the Municipal Code of Baden-Württemberg or Art. 60 of the Municipal Code of Saxony, for example, municipalities can establish localities for parts of their territory. Their territory and participation rights are regulated in the main statute or a special locality constitution.
Local council and local mayor
Localities often have bodies of local self-administration, in particular:
- Local council: an organ elected by the residents of the locality with limited decision-making competence (e.g., for matters concerning local infrastructure).
- Local mayor: heads the local administration, represents the interests of the locality in the municipal council, and serves as a point of contact for the residents.
The rights and obligations of these bodies are defined in the respective state legislation and the municipal main statute.
Distinction from municipality, district, and place
- Municipality: The municipality is an independent territorial authority with broad self-administration powers and legally defined areas of responsibility.
- District: The term district refers to a subordinate territorial subdivision within a municipality, which does not necessarily have its own administration or representation.
- Place: While the term “place” is vague and purely geographical, “locality” in the legal context is understood as a defined settlement unit with potential administrative responsibilities.
Significance in municipal reforms
Especially in the context of territorial reforms (such as municipal mergers), localities play an important role in safeguarding participation rights and maintaining local identity. The provisions on locality constitutions and local representative bodies serve to preserve localities and their elements of self-administration.
Locality in road traffic law
Definition according to the Road Traffic Regulations (StVO)
In traffic law, the term locality is precisely regulated. According to § 3, para. 3, no. 1 StVO, special traffic rules apply within built-up localities (for example, the maximum speed limit of 50 km/h). Here, the locality is defined by the official locality sign traffic sign (§ 42 StVO, signs 310/311).
Term of the built-up locality
A built-up locality is defined as a contiguous area of buildings (residential houses, businesses, or other structural facilities) which are connected and form a settlement unit. Individual houses located outside (“external area”) are not considered part of the locality within the meaning of the StVO.
Legal significance
The boundary of the locality under road traffic law is of high importance:
- Traffic rules: Special speed and traffic rules apply within localities.
- Competences: Responsibility for traffic control, accident investigation, and traffic monitoring may be oriented to locality boundaries.
Locality in registration and statistics law
Registration law allocation
In registration law, the locality is an essential unit for recording the residences of the population. The allocation according to registration law follows the official territorial division, with localities recorded and managed as places of residence for registration addresses. This allocation affects the formation of addresses and the jurisdictions of registration authorities.
Significance in statistics law
For the purposes of population statistics, localities are recorded as settlement units by the state statistical offices. Statistical surveys and publications are partly based on the delineation according to localities or the respective districts.
Locality in building law
Relevance in building law
The German Building Code (BauGB) uses the term locality in connection with development and construction. Provisions on the admissibility of building projects within and outside of built-up districts apply (§§ 34 and 35 BauGB). Localities in the building law sense are defined, contiguous structural facilities, whose extent is crucial for the applicability of specific building law regulations.
Significance in planning law
The definition of locality plays a central role in preparing development plans and land use plans. It helps determine, for example, the boundary between the internal and external area within the meaning of development planning law.
Locality in the context of incorporations and territorial reforms
Continuation as a locality
In municipal incorporations, the dissolved municipality may continue to exist as a locality under the new municipal code. This is often associated with participation rights and local representative bodies such as a local council and local mayor. These regulations serve to protect established structures and to maintain local identity and participation rights within larger units.
Other: Synonyms and differing use of the term
The terms village, city district, city borough, quarter, settlement, cadastral district or hamlet are often used synonymously or interchangeably in everyday language, but in law they sometimes have different or more specific meanings. The term locality must always be interpreted in the context of the applicable legal provision.
Conclusion
The locality is a complex term with varying legal interpretations in different areas. It may serve as an administrative unit with its own rights and obligations or function as merely a geographical settlement unit. The exact legal meaning of a locality is always determined by the relevant laws and statutes. In particular, the precise delineation and definition of the locality are of high practical significance in municipal, road traffic, registration, and building law.
Frequently asked questions
What legal criteria must be met for a settlement to be considered a “locality”?
Whether a settlement is legally considered a locality in Germany depends primarily on municipal and administrative law regulations, which are determined by the respective state’s law. In contrast to other forms of settlements, such as city districts or municipalities, a locality is a non-independent subunit of a municipality, usually with independent historical structures or residents. The following criteria fundamentally apply: the locality must consist of a spatially defined settlement with identifiable infrastructure (such as public pathways, roads, or utility connections). Furthermore, the locality must be permanently inhabited and possess a certain local identity (e.g., an identifiable separation from surrounding areas or other settlements). Additionally, the individual federal states must have enacted corresponding legal regulations or statutes that govern the existence, naming, and administration of a locality. The status of a locality generally results from municipal restructuring measures (such as incorporations or territorial reforms) and is often formalized and made public through a municipal council resolution.
What legal powers does a local council have?
A local council is the democratically elected representative body of a locality within a unified municipality or an independent city. The legal powers of the local council are governed by the respective state’s municipal law, for example through municipal codes or locality constitutions. Typical powers of the local council include the right to be heard and to make suggestions on matters directly affecting the locality (such as construction work, budget affairs, or the use of public spaces). In some state laws, there is also a right to co-decide on specific matters. Moreover, the local council may be given a budget to manage independently. It should be noted that the local council, in terms of its powers, is never equal to the main municipal bodies (municipal council, mayor), but is always integrated within their hierarchy.
What is the legal significance of the naming and delimitation of a locality?
The naming and delimitation of a locality are particularly important regarding municipal self-administration, official addressing, and the division of electoral districts. The official naming is established by municipal statute or state regulation. This is especially important in order to ensure clarity in the delivery of administrative acts and election notifications, as well as for calculating population figures and tax rates. The delimitation often takes the form of official maps or boundary descriptions and is particularly relevant in the course of territorial reforms or in the event of legal disputes, as it legally determines the affiliation of properties to a locality, and thus regulates municipal responsibilities, tax obligations, and the allocation of financial resources.
Is there a difference in German law between “district” (Ortsteil) and “locality” (Ortschaft)?
Yes, German municipal law in most federal states expressly distinguishes between district (Ortsteil) and locality (Ortschaft), with the exact terminology and structure regulated at the state level. A district is typically an officially designated settlement unit within a municipality or city, usually without its own administration. By contrast, a locality—depending on the state’s law—may elect its own local council and local mayor and often has its own budget authority for certain matters, whereas a district is more of a geographical or statistical unit. In some federal states (e.g., Baden-Württemberg, North Rhine-Westphalia, Saxony) the locality therefore also has special co-determination rights for residents.
How do legal changes to locality boundaries affect residents and property owners?
Legal changes to locality boundaries—for example, in the context of municipal territorial reforms or incorporations—affect residents and property owners in various ways. On the one hand, municipal responsibilities may change, such as responsibility for public facilities, waste disposal, municipal taxes and fees, or school catchment areas. Residents may also be subject to new municipal charges and statutes if these differ between the previous and the new municipal administration. For property owners, changes can occur in the form of revised development plans or new regulations for agriculture and forestry. Changes to locality boundaries are often officially published in the Federal Gazette and generally take effect only after a transitional period to ensure legal certainty and clarity.
What role do localities play in the organization of elections?
Localities play an important role in the organization of elections, as they are often used as a basis for dividing electoral districts. The legal allocation of eligible voters to specific polling stations is linked to the official concept of a locality. This affects both municipal elections and higher-level elections (e.g., state and federal elections), where the determination of voter lists is regularly based on the population registers of the respective localities. Furthermore, some localities have the right to elect their own local councils, which represents a special form of democratic participation within the municipality.
How is the legal dissolution or merger of localities carried out?
The legal dissolution or merger of localities is effected by resolution of the respective municipal council or by statutory regulation of the relevant federal state, usually as part of large-scale municipal reforms or for the purpose of administrative simplification. Such measures legally require the involvement of the affected residents, typically in the form of hearings or referenda, provided for by the respective state law. The formal implementation is documented by publication in the official gazette or Federal Gazette and takes legal effect upon entry into force of the respective resolution or law. All legal consequences—such as changes in municipal responsibilities, property transfers, or continuation of statutes—are regulated in detail to ensure a smooth transition.
