Third Regulation implementing the Law on the Protection of Aircraft Noise (Aircraft Noise-Foreign Housing Allowance-Regulation-3. Flight LSV)

Unofficial table of contents

3. Flight LSV

Date of completion: 20.08.2013

Full quote:

" Fluglärm-Outdoor Housing Allowance-Regulation of 20 August 2013 (BGBl. I p. 3292) "

Footnote

(+ + + Text evidence from: 29.8.2013 + + +) 

  

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Input formula

Pursuant to Section 3 (2) and Section 9 (6), first sentence, of the Act for the Protection of Aircraft Noise, as amended by the 31. October 2007 (BGBl. I p. 2550), the Federal Government, after consulting the interested parties, is responsible for: Unofficial table of contents

§ 1 Scope

(1) This Regulation shall apply to land on which the noise protection area is fixed for a new or substantially expanded aerodrome within the meaning of the second sentence of Article 2 (2), second sentence, points 1 and 3 of the Act for the Protection of Aircraft Noise or vulnerable entities pursuant to the first and second sentences of § 5 (1) and (2) of the said Act may be or may be legally established pursuant to Article 5 (4) of the said Act, and those in the day-protection zone 1 of the aerodrome are located. For these plots, it contains more detailed provisions on compensation for adverse effects on the outside living area pursuant to § 9 (5) of the said law. (2) Compensation claims remain under other public law provisions unaffected. Unofficial table of contents

§ 2 Compensation principles

The compensation for noise-related adverse effects of the external living area is determined by the protection of the outside living area and after the reduction in the value of the aircraft noise, taking into account the intensity of the Aircraft noise pollution, the preload and the type of building use of the affected areas. Unofficial table of contents

§ 3 External living area

(1) For the external living area of an apartment on a property within the meaning of § 1 belong balconies, roof gardens and loggias connected to the building complex, terraces, barbecue areas and gardens as well as similar outdoor facilities which are used for the residential use in the Free use. (2) Non-outdoor living areas include balconies and front gardens which are not suitable for regular stays due to their size or nature, as well as pure commercial gardens and other areas other than those of the Use of the open air or the use of which is not permitted for outdoor living. (3) If there are several apartments on the property, the individual apartment has an external living area even if only a communal use of the outdoor living area is given. (4) As an outdoor living area of a vulnerable institution in the case of a property within the meaning of § 1, the external area shall be deemed to be used for comparable use of the residential use. Unofficial table of contents

§ 4 Aircraft Noise Load of Land

(1) The intensity of the exposure to aircraft noise within the meaning of this Regulation shall be determined by the location of the land concerned in the day-protection zone 1. Within the tag protection zone 1, two isophones bands are defined. (2) The isophone band 1 comprises:

1.

in the case of civilian airfields within the meaning of section 2 (2), second sentence, point 1 of the Law for the Protection against Air Noise, the area of the day-protection zone 1, in which the equivalent continuous noise level for the day (LAeq day) and the noise-related equivalent continuous noise level is 65 decibels (A) exceeds,

2.

in the case of military airfields within the meaning of section 2 (2), second sentence, point 3 of the said law, the area of the day protection zone 1 in which the equivalent continuous noise level for the day (LAeq day), which is due to aircraft noise, exceeds a value of 68 decibels (A).

The Isophone Band 2 covers the rest of the day-protection zone 1. (3) The isophones-bands 1 and 2 are determined in accordance with § 4 of the Regulation on the data collection and the calculation method for the determination of noise protection areas and in lists and cards in accordance with Article 4 (4) of the said Regulation. Plots of land that lie in two isophones bands are assigned to the Isophone Band 1. Unofficial table of contents

§ 5 Compensation packages for apartments

(1) In the case of a single-family home with an outdoor living area, the amount of compensation shall be flat-rate:

1.

for a plot of land located in the Isophone-Band 1:

EUR 5 000,

2.

for a plot of land in the Isophone-Band 2:

EUR 3 700.

(2) In the case of a two-family house with an outdoor living area, the amount of compensation shall be flat-rate:

1.

for a plot of land located in the Isophone-Band 1:

EUR 6 000,

2.

for a plot of land in the Isophone-Band 2:

EUR 4 440.

(3) In the case of a multi-family home with an outdoor living area, the compensation shall be increased in a flat-rate way as compared with paragraph 2 with each further apartment closed

1.

for a plot of land located in the Isophone-Band 1:

EUR 2 000,

2.

for a plot of land located in the Isophone-Band 2:

EUR 1 480.

(4) In the case of a condo with an external living area, the amount of compensation shall be flat-rate:

1.

for a plot of land located in the Isophone-Band 1:

EUR 3 000,

2.

for a plot of land in the Isophone-Band 2:

2 220 Euro.

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§ 6 Increased compensation on the basis of the value of the traffic

(1) By way of derogation from § 5, the amount of compensation in the case of a single-family house, a two-family house or a multi-family house is 2.00 per cent of the traffic value of a property situated in the Isophons-Volume 1 and 1.48 per cent of the traffic value a land situated in the Isophone-Band 2, provided that the claimer proves that the compensation determined hereafter exceeds the compensation in accordance with § 5. In the case of a condomied flat, the first sentence shall apply with the proviso that the transport value of the condominium shall be based on the value of the co-ownership of the property and on the other communal property. (2) The date of publication of the plan for the new or substantially expanded aerodrome within the meaning of Article 1 (1) shall be the date for the calculation of the value of the traffic. In the case of land economically, commercially or mixed, account must be taken of only the share of the value of the traffic which is attributable to the use of housing. The second sentence shall apply in respect of condominies. (3) The value of the traffic can be demonstrated by an expert opinion from the Committee of Gutachtersfor Land Values. If the committee of experts is prevented from reporting a traffic assessment, a different body may be charged with the refund. The aerodrome holder shall bear the necessary costs for the proof of the value of the traffic if, on the basis of the proof, a higher compensation is obtained than in accordance with § 5. Unofficial table of contents

§ 7 Consideration of the type of building use and the preload

The compensation in accordance with § § 5 and 6 shall be reduced by half, provided that land is

1.

in industrial areas within the meaning of § 9 of the Baunuration Ordinance or in the following special areas within the meaning of Article 11 (2) of the Baunutzungsverordnung (Baunutzungsverordnung)

a)

Shop areas,

b)

Areas for shopping malls and large-scale commercial enterprises,

c)

Areas for trade fairs, exhibitions and congresses,

d)

Port Areas

, and the equivalent permanent noise level for the day (LAeq day), which is due to aircraft noise, does not reach 70 decibels (A),

2.

are located in industrial areas within the meaning of § 8 of the Baunning Regulation and the equivalent permanent noise level for the day (LAeq day) does not reach the value of 65 decibels (A).

The nature of the areas referred to in the first sentence shall be the result of the provisions in the development plans. Areas for which there are no fixed conditions shall be assessed in accordance with their protection needs. Unofficial table of contents

§ 8 Compensation in special cases

(1) In the case of dwellings, a higher or lower compensation may be fixed by way of derogation from § § 5 to 7 if, on the basis of special circumstances of the individual case, a significantly different level of compensation is appropriate. (2) Already earlier for aircraft-related impairments of the outside living area are to be calculated in full on the compensation provided for in this Regulation. (3) An external housing compensation is not to be provided, provided that the apartments are located on a Land for demolition are intended or this building regulations are is arranged. Unofficial table of contents

§ 9 Compensation for vulnerable institutions

(1) In the case of a vulnerable institution with an external living area, the amount of compensation shall be lump sum for land situated in the Isophone Band 1 or 2 on the amount referred to in Article 5 (1) (1) or (2). (2) In need of protection in need of protection, compensation shall be increased in a lump-sum basis compared with paragraph 1

1.

with each apartment completed by the amount referred to in Article 5 (3) (1) or (2),

2.

with each single, double or multi-bed room by one half of the amount referred to in Article 5 (3) (1) or (2).

(3) In the case of a non-residential facility in need of protection, compensation shall be increased as a lump-sum in relation to paragraph 1 with any permanently used group or community area by the amount referred to in Article 5 (3) (1) or (2). (4) In the case of In addition, § § 6 to 8 apply to vulnerable institutions with an outdoor living area. Unofficial table of contents

§ 10 Payment

The external housing allowance is made as a one-off payment. Unofficial table of contents

Section 11 Entry into force

This Regulation shall enter into force on the day following the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed.