Information Notice on the Bundeswehr Infrastructure Acceleration Act (BwIBG)

With the draft Bundeswehr Infrastructure Acceleration Act (Bundeswehr-Infrastrukturbeschleunigungsgesetz – BwIBG), the Federal Government is responding to the significantly increased need for the expansion of military infrastructure against the backdrop of the changed security and defence policy situation in Europe. The draft law aims to significantly accelerate the planning, approval and implementation of defence-related construction and infrastructure projects while ensuring the long-term operational reliability of military properties and facilities.

To this end, the BwIBG consolidates provisions in a separate Federal Military Construction Act (Bundeswehrbaugesetz – BwBauG) and introduces accompanying amendments, inter alia, to environmental, nature conservation, water and forestry law, the law governing restricted areas and land acquisition, the Code of Administrative Court Procedure and the Federal Administrative Services Act.

This information letter outlines the key provisions of the draft and assesses its practical implications, particularly for companies involved in Bundeswehr infrastructure projects or considering such involvement.

1. Federal Military Construction Act: New Framework for the Construction and Operation of Military Infrastructure

The core element of the BwIBGA major element of the planned reforms is the new Federal Military Construction Act (BwBauG). It defines its scope of application, regulates responsibilities for construction tasks and establishes key acceleration and prioritisation decisions.

Scope of application: The BwBauG applies to the planning and implementation of construction projects for the purposes of the Bundeswehr and allied armed forces, as well as to the operation of the relevant military properties and buildings. It therefore covers both new construction and expansion measures as well as the operation and adaptation of existing infrastructure, including the infrastructural preparations required for crises and defence situations.

Construction tasks and direct federal execution: In addition to the existing performance of construction tasks by the construction administrations of the Länder on behalf of the Federal Government under the principle of delegated federal administration (Organleihe) pursuant to Section 5b of the Financial Administration Act (FVG), the Federal Government is to be able to carry out its construction tasks directly in the future. The management, coordination and execution of construction tasks may be transferred to the Bundeswehr administration unless a Land assumes responsibility for the construction task under a procedure agreed in advance. This creates an additional channel alongside the traditional federal construction administrations, which is intended to increase implementation capacity, particularly for time-critical projects.

Corporate participation: The Federal Government is expressly to be authorised to establish a company under private law or to acquire an interest in such a company for the construction and operation of military infrastructure. This creates scope for project-specific corporate structures, for example for resilient energy and supply infrastructure at military sites, and enables greater involvement of private-sector expertise in planning, construction and operation.

A central policy decision concerns the classification of military infrastructure projects as projects in the overriding public interest. Pursuant to Section 4 BwBauG, the construction and operation of facilities for the purposes of the Bundeswehr and allied armed forces are deemed to be in the overriding public interest and to serve the security of the Federal Republic of Germany. Accordingly, defence interests are given particularly significant weight in balancing decisions, for example in planning approval or other approval proceedings; nevertheless, where several interests are considered to be in the overriding public interest, a case-by-case balancing of those interests remains necessary.

2. Acceleration of Proceedings: Legal Remedies and Concentration of Jurisdiction

The BwIBG provides for various instruments aimed at shortening proceedings and increasing planning certainty:

Legal remedies without suspensive effect: Pursuant to Section 3(1) BwBauG, legal remedies against the admissibility or implementation of construction projects under Section 1 BwBauG are generally not to have suspensive effect. This means that measures may initially continue despite pending lawsuits or objections. Effective legal protection remains available through interim proceedings and the decision on the merits; however, the threshold for bringing construction to an effective standstill is raised.

First and final instance jurisdiction of the Federal Administrative Court: Section 3(2) BwBauG provides for the concentration of administrative court jurisdiction in the Federal Administrative Court (Bundesverwaltungsgericht – BVerwG) for certain defence-related projects with a high degree of infrastructure and security relevance. This includes, inter alia, disputes concerning restricted-area orders and measures under the Restricted Areas Act, certain military transmission and supply infrastructure extending across Länder, permits and permit exemptions for military airfields, and designations under the Land Acquisition Act. In these cases, the BVerwG will have first and final instance jurisdiction. Multi-level judicial proceedings are thereby avoided, divergent decisions by different administrative courts are reduced and the duration of proceedings is shortened.

Consultation and recognition arrangements under water hazard law: Section 5 BwBauG authorises the Federal Ministry of Defence (BMVg) to designate and recognise, for its area of responsibility, its own expert organisation (e.g. the Bundeswehr Technical Inspection Authority) to carry out technical inspections under the Ordinance on Installations for the Handling of Substances Hazardous to Water. This strengthens in-house expertise, reduces reliance on external bodies and facilitates the crisis-resilient maintenance of critical supply infrastructure.

3. Environmental, Nature Conservation, Water and Forestry Law: Privileges and New Compensation Mechanisms

The draft does not provide for a general reduction of substantive environmental standards. Instead, it establishes specific procedural simplifications and priorities for defence purposes.

Environmental Impact Assessment (EIA): For certain defence projects on defence areas or areas designated accordingly, the BMVg or a body designated by it may, on a temporary basis until the end of 2035, refrain from carrying out an EIA. In such cases, the examination of the requirements for an exemption and publication of the decision may be dispensed with if defence interests would otherwise be adversely affected, for example due to security classification requirements.

Immission control law: Material modifications to certain military installations where noise is the only factor triggering an amendment permit are to be eligible for processing under a simplified notification procedure in the future. Substantive protection requirements remain in place; the acceleration concerns the formal procedure.

Water law and drinking water protection: Military areas are only to be designated as drinking water protection areas for the first time if a local water supply cannot otherwise be provided at reasonable cost and effort. With regard to water protection and flood protection measures, it is clarified that the intended use of defence areas must generally be ensured, provided that key water-law protection objectives are not jeopardised.

Forestry law and military areas: Certain defence-related areas – such as cleared training grounds, sealed bunker areas or defined safety strips around military installations – will expressly no longer be considered forests within the meaning of the Federal Forest Act. In addition, Section 45 of the draft Federal Forest Act (BWaldG-E) gives priority to the intended use of areas serving, inter alia, defence purposes. Provisions of Land law, particularly those concerning forest planning, are only applicable to the extent that they do not impair military use.

Nature conservation law and compensation: The Federal Nature Conservation Act will permit, for certain military interventions on defence areas, a departure from conventional area-based compensatory and replacement measures: unavoidable impacts may be permissible until the end of 2035 if, instead, a compensatory payment is made in accordance with the Federal Compensation Ordinance. The compensatory payment is to be appropriately increased in comparison with other projects in the overriding public interest and is to be used for equivalent or higher-value ecological improvements in the affected or adjacent natural area. In addition, military use, the construction and operation of military installations, and certain hazard prevention and maintenance measures will be exempted from individual nature conservation prohibitions. In the future, the BMVg or the Bundeswehr will largely be responsible for exemptions and derogations under species protection law for defence-related projects; decisions will be taken in consultation with the competent nature conservation authorities.

4. Restricted Areas and Land Acquisition Acts: Early Safeguarding and Deadlines with Approval Fictions

The Restricted Areas Act and the Land Acquisition Act are being adapted to current requirements.

Restricted Areas Act: The purpose of defence will be defined broadly and expressly extended to include alliance obligations and international treaties. In future, the term “defence installation” will also include specifically planned installations and designated areas, allowing restricted areas to be established at an early planning stage. A three-month period, with the possibility of a one-time extension, will be introduced for consulting the Länder; once the deadline has expired, it will be presumed that there are no objections. In addition, decisions concerning structural and other installations within a restricted area will be placed more strongly under the responsibility of the restricted-area authority (BMVg or a designated body), combined with decision-making deadlines and a deemed-consent mechanism.

Land Acquisition Act: The consultation procedure for the Länder and municipalities in land acquisition measures will likewise be structured through deadlines with deemed approval. For properties already owned by the Federal Government that were previously used for military purposes and remain unused, a simplified designation and allocation procedure will be introduced, which, under certain conditions, makes it unnecessary to repeat the entire land acquisition procedure. At the same time, the extent to which the designation of a property for defence purposes restricts municipal planning autonomy will be clarified.

5. Implications for Companies and Other Stakeholders

For companies involved, or considering becoming involved, as service providers, contractors or project partners in Bundeswehr infrastructure projects, the draft BwIBG has several practical implications:

New cooperation and operating models: The express possibility for the Federal Government to establish or acquire interests in companies under private law for the construction and operation of military infrastructure creates scope for structured partnerships, for example in the context of energy, supply and operating concepts. Contractual arrangements, governance and risk allocation must take these public-law framework conditions into account.

Changed responsibilities and decision-making processes: The strengthened role of the Bundeswehr administration and the BMVg – including their own expert organisations and regulatory decision-making powers in nature conservation law – changes points of contact, decision-making processes and escalation paths in projects.

Accelerated procedures and legal-remedy framework: Deadlines with deemed-approval and deemed-consent mechanisms, the removal of the suspensive effect of legal remedies, and the first and final instance jurisdiction of the BVerwG result in faster but also more condensed proceedings. Companies must adapt their project planning, internal decision-making processes and compliance structures accordingly, as time windows will become tighter and legal risks will need to be addressed at an early stage.

A new balance in environmental, nature conservation and forestry law: While substantive standards remain in place, the weighting shifts in favour of defence-related projects. In practical project terms, this means different requirements for environmental and nature conservation concepts, a greater role for monetary compensation and the need to reconcile land and site decisions at an early stage with the specific privileges and restrictions.

Conclusion and Recommendations for Action

Once a consolidated or final version of the legislation is available, affected companies should systematically analyse their project portfolios to determine the extent to which they are affected by the new instruments, priorities and transfers of responsibility, and what adjustments may be required with regard to strategy, contractual arrangements, compliance structures and risk assessment.

Dr. Oliver Hornung will be pleased to answer any questions regarding this information letter on the Bundeswehr Infrastructure Acceleration Act.