Third Regulation On The Implementation Of The Law For The Protection Against Flight Noise

Original Language Title: Dritte Verordnung zur Durchführung des Gesetzes zum Schutz gegen Fluglärm

Read the untranslated law here: http://www.gesetze-im-internet.de/fluglsv_3/BJNR329200013.html

Third regulation on the implementation of the law for the protection against noise (noise Außenwohnbereichsentschädigungs regulation - 3. FlugLSV) 3 FlugLSV Ausfertigung date: 20.08.2013 full quotation: "aircraft noise Außenwohnbereichsentschädigungs regulation from August 20, 2013 (BGBl. I S. 3292)" footnote (+++ text detection from: 29.8.2013 +++) input formula on the basis of article 3, paragraph 2, and of article 9 paragraph 6 sentence 1 of the Act for the protection against flight noise as amended by the notice of October 31, 2007 (BGBl. I p. 2550) the Federal Government enacted after consultation of interested parties : § 1 scope of application (1) this Regulation applies to properties that setting of the noise protection area for a new or considerably structurally advanced aerodrome in the sense of § 2 paragraph 2 sentence 2 Nos. 1 and 3 of the Act for the protection against flight noise apartments or vulnerable facilities according to § 5 paragraph 1 sentence 1 and 2 of the mentioned law permissibly are built or admissibly referred to in section 5, paragraph 4, of the said Act are to be established and that in the day protection zone 1 of the airfield are located. For these lots, it contains more detailed provisions on compensation for impairment of the outdoor living area according to § 9 paragraph 5 of the said Act.
(2) compensation claims in other public service regulations remain unaffected.

§ 2 compensation principles compensation for noise-induced impairments of the outdoor living area is determined according to the vulnerability of the outdoor living area and after the reduction in value by the flight noise exposure, taking into account the intensity of the flight noise, the preload and the type of structural use of the affected areas.

§ 3 exterior living areas (1) belong to the outdoor living area of a House on a plot of land within the meaning of § 1 balconies, roof gardens, Loggias that are connected to the structural system, terraces, barbecue areas and gardens and similar outdoor facilities that serve the residential space in the open air.
(2) do not include balconies and front gardens which are likely due to their size or nature not for the regular stay and pure kitchen gardens and other areas, which serve other purposes than the residential space in the open air or using for living in the open air is not allowed to the outdoor living area.
(3) are several homes on the property, the individual apartment even has an outdoor living area when only a joint use of the outdoor living area is given.
(4) the outdoor area that comparable use is one of the residential space in the open air is considered outdoor living area of a vulnerable institution on grounds referred to in paragraph 1.

§ 4 flight noise pollution of land (1) the intensity of the flight noise pollution within the meaning of this regulation is determined according to the situation of the affected land in the day protection zone 1. Two Isophone bands are set within the day protection zone 1.
(2) the Isophone vol. 1 includes the day - protection zone 1 area 1 at civilian airfields within the meaning of § 2 paragraph 2 sentence 2 number 1 of the Act for the protection against flight noise, in which flight noise the equivalent continuous sound pressure level for the day (LAeq day) the value of 65 decibels (A) exceeds 2 at military airfields within the meaning of § 2 paragraph 2 sentence 2, point 3 of the said Act the day - protection zone 1 area , in which the aircraft noise-related equivalent continuous sound pressure level for the day (LAeq day) exceeds a value of 68 decibels (A).
The Isophone volume 2 includes the remaining area of the day protection zone 1 (3) each the Isophone bands 1 and 2 are determined according to section 4 of the regulation on data collection and the calculation procedure for the establishment of areas of noise and shown in lists and cards in accordance with section 4, paragraph 4, of the said regulation. Properties, which are located in two Isophone bands, are mapped to the Isophone volume 1.

§ 5 compensation packages for dwellings (1) in a single-family house with outdoor living area is the amount of compensation package: 1. for a plot of land located in the Isophone volume 1: 5 000 euros, 2. for a plot of land located in the Isophone vol. 2: 3 700 euros.
(2) in the case of a two-family house with exterior living areas, the amount of compensation is flat: 1 for a plot of land located in the Isophone volume 1: 6 000 euro, 2. for a plot of land located in the Isophone vol. 2: 4 440 euro.
(3) in the case of an apartment building with exterior living areas the compensation increases lump-sum compared to paragraph 2 with each additional completed apartment 1 for a plot of land located in the Isophone volume 1 to: to 2 000 euro, 2. for a plot of land located in the Isophone volume 2: 1 480 euros.
(4) in the case of a condo with outdoor living area, the amount of compensation is flat: 1 for a plot of land located in the Isophone volume 1: 3 000 euro, 2. for a plot of land located in the Isophone volume 2: 2 220 euro.

§ 6 increased compensation based on the market value (1) by way of derogation from § 5 is the amount of compensation for a single family home, a duplex or an apartment building 2.00% of the market value of a parcel of land located in the Isophone volume 1 and 1.48 per cent of the market value of a parcel of land located in the Isophone vol. 2, if the beneficiary can prove that the compensation accordingly determined exceeds the compensation according to § 5. In a condo is set 1 with the proviso that the market value of condos including the value of the co-ownership of the property and the other community property is to be based.
(2) the date of the public announcement of the plan for the new or substantially structurally advanced airfield within the meaning of § 1, clause 1 is relevant for the determination of the market value. In agricultural, commercial or mixed use land, only the proportion of the market value is taken into account, which is attributable to the residential use. Sentence 2 shall apply accordingly for condos.
(3) the market value can be demonstrated by an opinion of the Advisory Committee for land valuations. If the evaluation team is prevented from, to submit an opinion of the market value, anywhere else can be entrusted with the refund. The airport owner bears the costs necessary for the determination of the market value, unless on the basis of the proof of a higher compensation than according to § 5.

§ 7 reduced, taking into account the type of structural use, as well as the compensation is the preload according to §§ 5 and 6 by half if land 1 industrial estates within the meaning of § 9 of the building Ordinance or in special areas within the meaning of § 11 paragraph 2 of the building Ordinance a) loading areas, b) areas for shopping malls and large retail operations, c) areas for trade fairs, exhibitions and congresses , d) port areas are located and the aircraft noise-related equivalent continuous sound pressure level for the day (LAeq day) the value of 70 dB (A) is not reached, 2. in commercial areas within the meaning of section 8 of the building Ordinance are located and the aircraft noise-related equivalent continuous sound pressure level for the day (LAeq day) the value of 65 decibels (A) not reached.
The nature of the areas referred to in sentence 1 arises from the provisions in the zoning. Areas, for which there exist no determinations, are to be judged according to their vulnerability.

Section 8 compensation in special cases (1) apartments can be used firmly notwithstanding higher or lower compensation sections 5 to 7, if due to special circumstances of the case, a significantly different level of compensation is appropriate.
(2) previously compensation paid for aircraft noise-related impairment of the outdoor living area is on the compensation in full in accordance.
(3) outdoor living area compensation is not payable unless intended apartments on a plot to abort or this building regulations law is arranged.

§ 9 compensation at vulnerable facilities (1) a vulnerable institution with outdoor living area is the amount of compensation package for land located in the Isophone band 1 or 2 on the in article 5 paragraph 1 amount each referred to in number 1 or number 2.
(2) in the case of a vulnerable device with residential use, compensation increases lump-sum compared to paragraph 1 1 with each completed apartment to in § 5 paragraph 3 referred to in number 1 or number 2 amount, 2. with any single, double or multi-bed rooms by the half of article 5 paragraph 3 number 1 or number 2 of above amount.
(3) in the case of a vulnerable device without residential use compensation increases number 1 or number 2 flat rate compared to paragraph 1 each permanently used group or community space to in § 5 paragraph 3 amount referred to.
(4) also apply to vulnerable facilities with outdoor living articles 6 to 8, according to.

§ 10 payment the outdoor living area compensation is provided as a one-time payment.

Article 11 entry into force this regulation enter into force on the day after the announcement.

Concluding formula the Federal Council has approved.