From February 19, 2025
At its meeting on February 13, 2025, the Council of the City of Bonn approved the following on the basis of Section 7 of the Municipal Code for the State of North Rhine-Westphalia in the version published on July 14, 1994 (GV. NRW. p. 666), last amended by Article 1 of the Act of 5. March 2024 (GV. NRW. p. 136), and Section 89 (1) No. 3 of the Building Regulations for the State of North Rhine-Westphalia (BauO NRW) of July 21, 2018 (GV. NRW. p. 421), last amended by the Act of October 31, 2023 (GV. NRW. p. 1172), the following bylaws were adopted:
§ 1: Scope of application
(1) These bylaws apply to playgrounds that are to be created as individual facilities on the building plot in accordance with § 8 Para. 2 BauO NRW when constructing buildings with more than three apartments or are created as communal facilities in the immediate vicinity of the plot.
If a developer constructs residential buildings on several but contiguous plots of land, he shall, upon request, construct an overall playground for these buildings.
(2) The statutes shall also apply insofar as corresponding playgrounds are required for existing buildings in accordance with § 8 Para. 2 Sentence 3 BauO NRW due to health reasons and for the protection of children. In these cases, the requirements for the size and quality of the facilities (§§ 2 and 4 of these bylaws) may be reduced, taking into account the local circumstances.
§ 2: Size of the playgrounds
(1) The size of the playground areas shall be determined by the type, size and number of dwellings on the building plot. Dwellings that are not suitable for the permanent presence of children according to their purpose, for example those for single persons (one-room apartments, apartments) or for older people (old people's apartments), shall not be taken into account when determining the size of the playground in accordance with para. 2.
(2) The size of the usable playground must be at least 25 square meters. In buildings with more than five qualifying apartments, the minimum size of the usable playground shall be increased by 5 square meters for each additional apartment.
§ 3: Location and playgrounds
(1) Playgrounds must be laid out in such a way that they can be reached safely and barrier-free from the associated apartments and are protected from strong sunlight. Playgrounds intended for more than ten apartments should be at least 10 m away from bedroom windows if possible. Playgrounds should not be more than 100 m away from the associated apartments.
(2) Playgrounds and their entrances must be fenced off from facilities that could pose a hazard, in particular from traffic areas, facilities that pose a traffic, operational or fire hazard, bodies of water, parking spaces for motor vehicles and waste container stands in such a way that children can play safely and are also protected from immissions. Playgrounds must be cordoned off to prevent motor vehicles from driving or parking on them.
(3) If there is no possibility of accommodating the necessary playground area on the building plot, rooftop facilities are also conceivable.
§ 4: Condition
(1) The play areas should be designed in such a way that a variety of uses suitable for children is ensured. The provision of sand play areas and play equipment should meet the needs of small children and, in the case of residential complexes with 15 or more residential units, should also include play equipment. The minimum number of play equipment can be replaced by an adequate play combination system that combines different play functions and ensures a variety of uses suitable for children.
(2) The surface of playgrounds must be prepared and predominantly not paved in such a way that children can play safely and the areas remain usable even after rainfall (on a surface that is capable of seepage). At least ¼ of the area must be laid out as a sand play area. The sand filling should have a height of at least 40 cm. Paved surfaces such as asphalted or paved areas do not count as play areas.
(3) Play areas of 25 square meters or more must be equipped with at least one piece of permanently installed play equipment. The number of items of play equipment shall be increased by one additional item of permanently installed play equipment with a different play function for each additional 25 square meters of play area. Exceptions to this are possible in individual cases if the design is of a particularly high quality.
(4) Playgrounds should be equipped with at least three fixed seats or a bench. In the case of playgrounds for more than five apartments, the minimum number shall be increased by one seat for every three additional apartments.
(5) Playground equipment must be designed in such a way that it can be used safely by small children and must comply with generally recognized technical standards, in particular the relevant DIN standards. Non-toxic plants appropriate to the location must be used for planting.
§ 5: Preservation
(1) Play areas, their entrances and facilities must be regularly maintained and serviced by the respective owner of the building plot and checked for road safety, particularly with regard to safe usability. If safe usability is not guaranteed, the play areas, their entrances and facilities must be repaired immediately. The play sand must be replenished as required, but must be cleaned or replaced at least once every three years.
(2) Playgrounds may only be completely or partially removed, altered or relocated with the approval of the building supervisory authority.
§ 6: Exceptions
Exceptions may be granted to the requirements under Section 2 (2) of these bylaws if this is necessary to avoid particular hardship due to the location or shape of the property.
§ 7: Administrative offenses
Anyone who intentionally or negligently constructs a playground
- of a size smaller than that specified in § 2,
- does not lay out or prepare it in accordance with the provisions of §§ 3 and 4,
- fails to maintain its free access or facilities in proper condition contrary to § 5,
- removes it in whole or in part without the consent of the building supervisory authority,
acts in breach of the regulations within the meaning of § 86 Para. 1 S. 1 No. 21 BauO NRW.
§ Section 8: Priority of development plans
Further stipulations in development plans take precedence over the provisions of these bylaws.
§ 9: Entry into force
These bylaws shall enter into force on the day following their public announcement. At the same time, the bylaws of the City of Bonn on the quality and size of playgrounds for small children dated April 3, 1973 shall expire.
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The above statutes are hereby made public.
It is pointed out that a violation of procedural and formal regulations of the Municipal Code for the State of North Rhine-Westphalia (GO NRW) in the creation of these bylaws can no longer be asserted after the expiry of six months from the date of this announcement, unless
a) a prescribed approval is missing or a prescribed notification procedure has not been carried out,
b) these Articles of Association have not been duly published,
c) the Mayor of Bonn has previously objected to the resolution on the statutes, or
d) the formal or procedural defect has been notified to the City in advance, stating the violated legal provision and the fact that reveals the defect.
Bonn, February 19, 2025
Dörner
Mayor of Bonn