Baugesetzbuch (Baugesetzbuch)

Unofficial table of contents

BauGB

Date of completion: 23.06.1960

Full quote:

" Construction Code in the version of the Notice of 23 September 2004 (BGBl. 2414), as last amended by Article 1 of the Law of 20 November 2014 (BGBl. I p. 1748).

Status:	New by Bek. v. 23.9.2004 I 2414;
	Last amended by Art. 1 G v. 20.11.2014 I 1748

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.8.1979 + + +) 
(+ + + Changes due to EinigVtr cf.  § 246a + + +) 

  

Heading: IdF d. Art. 1 No. 1 G v. 8.12.1986 I 2191 mWv 1.7.1987 Unofficial table of contents

Content Summary

First chapter
General urban development law
Part one
Construction management ..........................
	First section
	General provisions
	Task, concept and principles of the planning of construction	§ 1
	Supplementary provisions on environmental protection	§ 1a
	Establishment of the construction plans	§ 2
	Explanatory statement on the draft building plan, environmental report	§ 2a
	Participation of the public	§ 3
	Participation of the authorities	§ 4
	Common rules on participation	Section 4a
	Activation of a third party	§ 4b
	Monitoring	§ 4c
	Second section
	Preparatory building plan (land use plan)
	Area Usage Plan Content	§ 5
	Approval of the land use plan	§ 6
	Adaptation to the land use plan	§ 7
	Third Section
	Mandatory building plan (Bebauplan)
	Purpose of the BebauPlan	§ 8
	Contents of the BebauPlan	§ 9
	Authorisation	§ 9a
	Decision, approval and entry into force of the development plan	§ 10
	Fourth Section
	Cooperation with private persons; simplified procedure
	City-building contract	§ 11
	Project and development plan	§ 12
	Simplified procedure	§ 13
	Development plans for internal development	§ 13a
Part two
Securing the construction management planning
	First section
	Change lock and deferment of building applications
	Change Lock	§ 14
	Return of construction applications	§ 15
	Decision on the Change Lock	§ 16
	Change Lock Validity	§ 17
	Compensation in case of change	§ 18
	Second section
	Division of land; areas with tourist functions
	Division of land	§ 19
	(dropped)	§ 20
	(dropped)	Section 21
	Securing areas with tourist functions	Section 22
	(dropped)	Section 23
	Third Section
	Legal pre-emption rights of the municipality
	General right of pre-emption	§ 24
	Special pre-emption law	Section 25
	Exclusion of pre-emption law	Section 26
	Use of the right to purchase	§ 27
	Exercise of the right of advance in favour of third parties	§ 27a
	Procedures and compensation	§ 28
Part Three
Regulation of constructional and other use; compensation
	First section
	Admissibility of projects
	Concept of the project; application of legislation	§ 29
	Admissibility of projects within the scope of a construction plan	§ 30
	Exemptions and exemptions	Section 31
	Use restrictions on future common demand, transport, supply and green spaces	Section 32
	Admissibility of projects during the planning stage	§ 33
	Admissibility of projects within the context of built-in districts	Section 34
	Building outdoors	§ 35
	Participation of the municipality and the higher administrative authority	§ 36
	Structural measures of the federal and state governments	Section 37
	Structural measures of supercritical importance on the basis of planning procedures; publicly accessible waste disposal facilities	§ 38
	Second section
	Compensation
	Trust damage	§ 39
	Compensation in money or by taking over	§ 40
	Compensation in the case of the justification of the right to travel, driving and management, and in the case of links for planting	Section 41
	Compensation in case of modification or cancellation of a permitted use	§ 42
	Compensation and procedures	Section 43
	Indemnity, maturity and erasures of the compensation claims	Section 44
Fourth part
Soil Order
	First section
	Relaying
	Purpose and scope	§ 45
	Jurisdiction and requirements	Section 46
	Transfer Decision	§ 47
	Participants	§ 48
	Succession	§ 49
	Notice of transfer decision	§ 50
	Availability and Change Lock	Section 51
	Relaying area	Section 52
	Inventory map and inventory	Section 53
	Notifications and transshipment notice	§ 54
	Conversion mass and mass of distribution	§ 55
	Distribution scale	§ 56
	Distribution by Values	Section 57
	Distribution by area	Section 58
	Allocation and severance	§ 59
	Compensation and compensation for construction plants, plantations and other facilities	§ 60
	Repeal, amendment and justification of rights	Section 61
	Community ownership; special legal conditions	Section 62
	Transfer of legal relationships to severance pay	§ 63
	Cash benefits	Section 64
	Deposit and distribution procedures	Section 65
	Drawing up and content of the conversion plan	Section 66
	Transfer Card	Section 67
	Environment Directory	Section 68
	Publication of the conversion plan, inspection	Section 69
	Delivery of the conversion plan	Section 70
	Entry into force of the conversion plan	Section 71
	Effects of the notice	Section 72
	Modification of the conversion plan	Section 73
	Rectification of public books	Section 74
	Inspection of the redeployment plan	§ 75
	Pre-decision	Section 76
	Early ownership	Section 77
	Procedure and property costs	Section 78
	Exemption from charges and outsourcing	§ 79
	Second section
	Simplified relaying
	Purpose, scope, responsibilities	§ 80
	Cash benefits	§ 81
	Decision on simplified redeployment	Section 82
	Publication and legal effects of simplified relaying	Section 83
	Rectification of public books	Section 84
Fifth Part
Expropriation
	First section
	Admissibility of expropriation
	Expropriation purpose	§ 85
	Subject of expropriation	§ 86
	Conditions for the admissibility of the expropriation	Section 87
	Expropriation due to compelling urban planning reasons	Section 88
	Obligation to provide	§ 89
	Expropriation of land for compensation in land	§ 90
	Replacement for withdrawn rights	Section 91
	Extent, restriction and extension of the expropriation	§ 92
	Second section
	Compensation
	Compensation principles	Section 93
	Indemnity and indemnity	Section 94
	Compensation for the loss of rights	§ 95
	Compensation for other assets	§ 96
	Treatment of the rights of persons entitled to vote	Section 97
	Debt Transition	Section 98
	Compensation in money	§ 99
	Compensation in the country	§ 100
	Compensation by granting other rights	§ 101
	Reverse appropriation	Section 102
	Compensation for reappropriation	Section 103
	Third Section
	Expropriation procedure
	Expropriation Authority	Section 104
	Expropriation request	Section 105
	Participants	Section 106
	Preparation of oral proceedings	Section 107
	Initiation of the expropriation proceedings and the appointment of the term for oral proceedings; expropriation notice	Section 108
	Permit requirement	§ 109
	Agreement	§ 110
	Partial Agreement	Section 111
	Decision of the expropriation authority	Section 112
	Expropriation Decision	Section 113
	Period of use	Section 114
	Procedures in the case of compensation by granting other rights	§ 115
	Early ownership	Section 116
	Execution of the expropriation decision	Section 117
	Deposit	Section 118
	Distribution procedures	§ 119
	Annulment of the expropriation decision	§ 120
	Cost	Section 121
	Enforceable title	§ 122
Sixth Part
Development
	First section
	General provisions
	Final load	§ 123
	Obligation to enlist after the contract has been rejected	Section 124
	Binding to the Bebauplan	§ 125
	Duties of the owner	§ 126
	Second section
	Final contribution
	Collection of the final contribution	§ 127
	Scope of the closing effort	§ 128
	Contribution-capable development effort	Section 129
	Type of determination of the contributory development effort	§ 130
	Standards for the distribution of the development effort	Section 131
	Regulation by statute	Section 132
	Subject and origin of the contribution	§ 133
	Contributor to contributor	Section 134
	Maturity and payment of the contribution	§ 135
Seventh Part
Measures for nature conservation
	Obligations of the subcarrier; implementation by the municipality; reimbursement of expenses	Section 135a
	Distribution scale for billing	Section 135b
	Right of substitutes	§ 135c
Second chapter
Special urban development law
Part one
Urban rehabilitation measures
	First section
	General provisions
	Urban rehabilitation measures	Section 136
	Participation and participation of the persons concerned	Section 137
	Obligation to provide information	§ 138
	Participation and participation of public authorities	Section 139
	Second section
	Preparation and implementation
	Preparation	§ 140
	Preparatory studies	Section 141
	Remediation substitutes	Section 142
	Notice of remediation of the remediation, remediation	Section 143
	Projects and legal procedures subject to authorisation	Section 144
	Approval	§ 145
	Implementation	Section 146
	Regulatory measures	Section 147
	Building measures	§ 148
	Cost and financial overview	§ 149
	Replacement for changes to facilities serving the public supply	Section 150
	Exemption from charges and outsourcing	Section 151
	Third Section
	Special provisions for reorganisation of the law
	Scope	Section 152
	Measurement of compensation and compensation payments, purchase prices, relaying	Section 153
	Owner Equalization Amount	Section 154
	Compensation for the amount of compensation, undue	§ 155
	Transfer rules for formal adoption	Section 156
	Costs and financing of the reorganisation measure	§ 156a
	Fourth Section
	Remedial institutions and other agents
	Fulfillment of tasks for the municipality	Section 157
	Requirements for commissioning as a remedial institution	Section 158
	Fulfilment of the tasks as a remedial institution	Section 159
	Trusteeship	§ 160
	Securing the trust assets	Section 161
	Fifth Section
	Completion of refurbishment
	Repeal of the Santion Statutes	Section 162
	Continuing legal effects on individual land plots	Section 163
	Claim for retransmission	Section 164
	Sixth Section
	Urban development
	Use of urban development funds	§ 164a
	Administrative Agreement	§ 164b
Part two
Urban development measures
	Urban development measures	Section 165
	Responsibility and Tasks	Section 166
	Fulfillment of tasks for the community; development agencies	Section 167
	Takeover request	§ 168
	Special provisions for the urban development sector	§ 169
	Special arrangements for adaptation areas	§ 170
	Costs and financing of the development measure	Section 171
Part Three
Urban tumors
	Urban development measures	§ 171a
	Urban development area, urban development concept	§ 171b
	Urban Building Contract	§ 171c
	Securing implementing measures	§ 171d
Fourth part
Social City
	Measures of the Social City	§ 171e
Fifth Part
Private initiatives
	Private initiatives on urban development, regional law	§ 171f
Sixth Part
Conservation statutes and urban planning bids
	First section
	Conservation Statutes
	Conservation of buildings and the peculiative nature of areas (conservation statutes)	Section 172
	Approval, Takeover claim	Section 173
	Exceptions	§ 174
	Second section
	City-building bids
	General	§ 175
	Construction	Section 176
	Modernising and repair services	Section 177
	Planting	Section 178
	Rebuilding and unsealing services	§ 179
Seventh Part
Social plan and hardness compensation
	Social Plan	§ 180
	Hardness compensation	§ 181
Eighth Part
Rental and lease conditions
	Cancellation of rent or lease conditions	§ 182
	Cancellation of rent or lease conditions over undeveloped land	Section 183
	Cancellation of other contractual relationships	Section 184
	Compensation for the cancellation of rent or lease conditions	§ 185
	Renewal of rent or lease conditions	Section 186
Ninth Part
Urban development measures relating to: Measures to improve the agricultural structure
	Coordination of measures; building management planning and measures to improve the agricultural structure	§ 187
	Building management planning and land cleaning	Section 188
	Replacement land procurement	§ 189
	Land cleaning on the occasion of an urban development measure	§ 190
	Provisions relating to the transport of land and forestry land	Section 191
Third chapter
Other provisions
Part one
Value Determination
	Advisory Committee	§ 192
	Tasks of the Committee of Gutachters	Section 193
	Traffic value	§ 194
	Buy Price Collection	§ 195
	Ground Direction Values	§ 196
	Powers of the Committee of Gutachtermen	§ 197
	Oberer Gutachterausschuss	§ 198
	Appropriations	§ 199
Part two
General rules; responsibilities; administrative procedures; planning
	First section
	General provisions
	Land; rights of land; land registry	§ 200
	Replacement measures	§ 200a
	The concept of agriculture	Section 201
	Protection of the mother floor	Section 202
	Second section
	Responsibilities
	Derogations from jurisdiction	§ 203
	Joint land use plan, building management planning in the formation of planning associations and in the area of land or stock change	Section 204
	Planning associations	§ 205
	Local and factual competence	§ 206
	Third Section
	Administrative procedures
	From the Office of the Office of the European Parliament	§ 207
	Arrangements for the investigation of the facts	Section 208
	Pre-work on land	Section 209
	Re-establishment	Section 210
	Instruction on legal remedies	Section 211
	Pre-Procedure	Section 212
	Removal of the suspender effect	§ 212a
	Irregularities	§ 213
	Fourth Section
	Plan maintenance
	The infringement of rules on the establishment of the land-use plan and the statutes; supplementary procedure	Section 214
	Time limit for the assertion of the breach of rules	Section 215
	(dropped)	§ 215a
	Tasks in the approval process	Section 216
Part Three
Procedures in front of the chambers (senates) in the case of building land
	Application for judicial decision	§ 217
	Reinstatation to the previous level	§ 218
	Local jurisdiction of the Regional Courts	Section 219
	Composition of the Chambers of Construction Matters	Section 220
	General procedural rules	Section 221
	Participants	Section 222
	Challenge of discretionary decisions	Section 223
	Removal of the suspender effect upon request for a court decision	Section 224
	Early Execution Order	Section 225
	Judgment	§ 226
	Failure of a participant	Section 227
	Costs of the procedure	Section 228
	Appeal, complaint	Section 229
	Revision	Section 230
	Agreement	Section 231
	Further responsibility of the Chambers (Senate) for construction matters	§ 232
Fourth chapter
Transfer and final provisions
Part one
Transfer rules
	General rules on transfer	Section 233
	Transfer rules for pre-emption law	Section 234
	Transfer rules for urban renovation and development measures	Section 235
	Transfer rules for the construction and maintenance of construction plants	Section 236
	(dropped)	Section 237
	Transfer rule for compensation	Section 238
	Directive on the crossing of the border	Section 239
	(dropped)	§ 240
	(dropped)	Section 241
	Transfer rules for development	Section 242
	Rules for the implementation of the Act on the Law of the Construction Code and the Federal Nature Protection Act (Bundesnaturschutzgesetz)	Section 243
	Rules for the implementation of the Law on Adaptation to Europe	Section 244
	Transfer rules for urban rebuilding, the social city and the promotion of urban development measures	§ 245
	Transfer regulations on the occasion of the law on strengthening the internal development in the cities and municipalities and further development of the urban development law	Section 245a
	Rules for the transfer of projects in the external field	Section 245b
	(dropped)	§ 245c
Part two
Final provisions
	Special arrangements for individual countries; special arrangements for refugee accommodation	§ 246
	Flood-prone areas, flood-prone areas	Section 246a
	Special arrangements for Berlin as the capital of the Federal Republic of Germany	§ 247
	Special arrangements for the economical and efficient use of energy	§ 248
	Special regulations on wind energy	§ 249
Appendix 1	(to § 2 para. 4, § § 2a and 4c)
Appendix 2	(to § 13a (1) sentence 2 no. 2)

First chapter
General urban development law

Part one
Building management planning

First section
General provisions

Unofficial table of contents

§ 1 Task, term and principles of the planning of construction

(1) The task of the construction management planning is to prepare and guide the construction and other use of the land in the municipality in accordance with the provisions of this Code. (2) The construction guidelines are the land use plan (preparatory building plan) and the Construction plan (mandatory building plan). (3) The municipalities have to draw up the construction plans as soon as and insofar as it is necessary for the development and order of the urban development. There is no claim to the drawing up of building plans and urban planning statutes; a claim cannot be justified by contract either. (4) The building control plans must be adapted to the objectives of the regional planning. (5) The construction guidelines are to be used as a basis for the planning of the building. Sustainable urban development, which brings social, economic and environmental protection requirements into line with each other, also in responsibility for future generations, and serving the good of the general public Social-friendly land use. They should help to ensure a humane environment, to protect and develop natural resources and to promote climate protection and adaptation, especially in urban development, as well as to promote climate change mitigation and adaptation, and to promote climate change mitigation and adaptation. To preserve and develop urban design and the image of the locals and landscapes. To this end, the development of urban development is to be carried out primarily by means of internal development measures. (6) In the drawing up of the construction plans, particular attention should be given to:

1.

the general requirements for healthy living and working conditions and the safety of the living and working population,

2.

the housing needs of the population, the creation and maintenance of socially stable population structures, the formation of ownership of the population and the costs of cost-saving construction, as well as the development of the population,

3.

the social and cultural needs of the population, in particular the needs of families, young people, elderly and disabled people, different effects on women and men, as well as the concerns of education and sport, recreation and recreation,

4.

the maintenance, renewal, development, adaptation and conversion of existing areas, as well as the maintenance and development of key supply areas,

5.

the interests of the building culture, the preservation of historical monuments and the preservation of monuments, the preserved areas, roads and squares of historical, artistic or urban architectural significance and the design of the location and landscape image,

6.

the requirements for worship and pastoral care established by the churches and religious societies of public law,

7.

environmental protection, including nature conservation and the maintenance of the countryside, in particular

a)

the effects on animals, plants, soil, water, air, climate and the impact of their effects on the landscape and biodiversity;

b)

the conservation objectives and the conservation purpose of the Natura 2000 sites within the meaning of the Federal Nature Conservation Act,

c)

environmental impacts on people and their health, as well as the population as a whole,

d)

environmental impacts on cultural goods and other materials,

e)

the prevention of emissions and the proper handling of waste and waste water,

f)

the use of renewable energies and the economical and efficient use of energy,

g)

the representations of landscape plans and other plans, in particular those relating to water, waste and immission rights,

h)

the maintenance of the best possible air quality in areas where the immission limits established by means of the legislative decree to comply with European Union legislative acts are not exceeded,

i)

the interaction between the various aspects of environmental protection referred to in points (a), (c) and (d),

8.

the concerns

a)

the economy, including its medium-sized structure, in the interest of a consumer-friendly supply of supplies;

b)

agriculture and forestry,

c)

the preservation, safeguarding and creation of jobs,

d)

postal and telecommunications services,

e)

supply, in particular with energy and water, including security of supply,

f)

the safeguarding of raw material resources,

9.

the interests of the movement of persons and goods and the mobility of the population, including local public transport and non-motorised transport, with particular emphasis on the need to avoid and reduce traffic -oriented urban development,

10.

the interests of defence and civil protection as well as the civilian connection use of military properties,

11.

the results of an urban development concept adopted by the municipality or any other urban planning planning which it has adopted,

12.

the interests of flood protection,

13.

the needs of refugees or asylum seekers and their accommodation.

(7) In drawing up the building plans, the public and private interests must be balanced against each other and with each other. (8) The provisions of this Code on the drawing up of building plans shall also apply to their amendment, supplementing it. and repeal. Unofficial table of contents

§ 1a Supplementary provisions on the protection of the environment

(1) The following rules on the protection of the environment must be applied in the drawing up of the construction plans. (2) The aim of the project is to ensure that land is used sparingly and sparingly, with a view to reducing the additional use of land for to exploit the possibilities of the development of the municipality, in particular through the reutilization of surfaces, post-compression and other measures for internal development, as well as to limit soil sealings to the necessary level. Land used for agricultural purposes, as a forest or for residential purposes is to be used only to the extent necessary. The principles set out in sentences 1 and 2 shall be taken into account in the weighing in accordance with Article 1 (7). The need to transform agricultural land or land used as a forest is to be justified, with an investigation into the possibilities of internal development, in particular wasteland, building ground, (3) The avoidance and compensation of significant impairment of the landscape as well as the performance and operability of the natural household in its § 1 para. 6 (7) (a) (intervention system) pursuant to the Federal Nature Protection Act (Bundesnaturschutzgesetz)) must be taken into account in the weighing in accordance with Section 1 (7). The compensation shall be made by appropriate representations and compositions according to § § 5 and 9 as areas or measures to compensate. In so far as this is compatible with sustainable urban development and the objectives of spatial planning and nature conservation and the maintenance of the countryside, the representations and compositions may also be used elsewhere than at the location of the intervention. , Contractual agreements pursuant to § 11 or other appropriate measures may also be taken in place of representations and fixtures in order to compensate for areas provided by the municipality. Section 15 (3) of the Federal Nature Protection Act applies accordingly. Compensation is not required if the interventions have already been made or were allowed before the planning decision. (4) As far as an area within the meaning of § 1 (6) (7) (b) in its for the conservation objectives or the protection purpose , the provisions of the Federal Nature Protection Act concerning the admissibility and conduct of such interventions, including the collection of the opinion of the European Commission. (5) The requirements of climate protection should be Measures to counteract climate change, as well as those designed to adapt to climate change, are taken into account. The principle set out in the first sentence shall be taken into account in the weighing in accordance with Article 1 (7). Unofficial table of contents

§ 2 List of the construction guidelines

(1) The building control plans shall be drawn up by the municipality on its own responsibility. The decision to draw up a building master plan is to be made known in a local area. (2) The construction plans of neighbouring municipalities are to be coordinated with each other. In doing so, municipalities can also rely on the functions assigned to them by the objectives of spatial planning as well as on their impact on their central areas of supply. (3) In the drawing up of the building plans, the concerns that are needed for the consideration of (4) An environmental assessment shall be carried out in respect of environmental protection requirements in accordance with Article 1 (6) (7) and (1a), in which the likely significant environmental impacts are determined and shall be described and evaluated in an environmental report; Appendix 1 to this Legal code to be applied. For each building master plan, the municipality determines the extent and level of detail required for the determination of the requirements for weighing. The environmental assessment refers to what can reasonably be required according to current knowledge and generally accepted testing methods, as well as the content and level of detail of the construction management plan. The result of the environmental assessment shall be taken into account in the weighing. If an environmental assessment is carried out for the plan area or for parts thereof in a spatial planning, land-use or land-use planning procedure, the environmental assessment shall be carried out in a subsequent or simultaneously carried out construction-control plan procedure to additional or other significant environmental effects. If land plans or other plans are in accordance with Article 1 (6) (7) (g), their inventories and assessments shall be used in the environmental assessment. Unofficial table of contents

Section 2a Explanatory Memorandum to the draft building plan, environmental report

The congregation shall attach a justification to the draft plan of construction in the order in which it is established. In it, according to the state of the proceedings,

1.

the objectives, objectives and essential effects of the building plan; and

2.

in the environmental report according to Appendix 1 to this Code, the environmental protection concerns identified and assessed in accordance with § 2 (4)

. The environmental report shall form a separate part of the explanatory statement. Unofficial table of contents

§ 3 Participation of the public

(1) The general public shall be as early as possible on the general objectives and purposes of the planning, the significantly different solutions which may be considered for the redesign or development of an area, and the likely To make public the impact of the planning, and to give it an opportunity to express and discuss. Children and young people are also part of the public within the meaning of the sentence 1. The information and discussion may be waited if:

1.

a development plan is set up or cancelled, and this does not affect the plan area and the neighbouring areas, or only insignificantly, or

2.

that information and discussion have already been made on a different basis.

The procedure referred to in paragraph 2 shall also be followed by the procedure referred to in paragraph 2 where the discussion leads to a change in the planning stage. (2) The draft plans are based on the explanatory statement and on the basis of the municipality's assessment. to publish publicly available environmental statements for the duration of one month. The location and duration of the interpretation, as well as information on which types of environmental information are available, shall be published at least one week in advance, indicating that opinions during the interpretation period shall be taken into account. cannot be taken into account when taking a decision on the Bauleitplan and, if a plan is drawn up, that an application pursuant to Section 47 of the Administrative Court of Justice is to be submitted is inadmissible if it is to be used only for objections which have been Applicants under the interpretation were not made or late, but could have been asserted. The parties involved in § 4 (2) shall be notified of the interpretation. The opinions delivered within the time limit shall be considered; the result shall be communicated. Where more than 50 persons have delivered opinions of substantially the same content, the communication may be replaced by allowing those persons to be informed of the result; the body at which the outcome of the examination is carried out during the examination of the service hours, it is known to be known in a local language. When presenting the building control plans in accordance with § 6 or § 10 (2), the opinions which have not been taken into consideration shall be accompanied by an opinion from the municipality. Unofficial table of contents

Section 4 Participation of the authorities

(1) The authorities and other institutions of public interest whose responsibilities may be affected by the planning shall be informed in accordance with Article 3 (1) sentence 1, first sentence, 1 and also with regard to the extent to which they are required, and To request the degree of detail of the environmental assessment in accordance with § 2 (4). The procedure referred to in paragraph 2 shall also be followed if the statement of opinions leads to a change in the planning. (2) The municipality shall obtain the opinions of the authorities and other institutions of public interest whose area of responsibility is due to the planning may be affected, the draft plan and the explanatory statement. They shall deliver their opinions within one month, and the congregation shall extend this period appropriately in the event of an important reason. The opinions shall limit the scope of the opinions of public authorities and other bodies of public interest, including any plans or other measures which they intend to take or have already begun, and of any other measures which they intend to take. To give way to the development and order of the area in terms of urban development. If they have information relevant to the identification and evaluation of the weighing material, they shall have the information available to the municipality. (3) After the completion of the procedure for drawing up the building plan the authorities shall inform the municipality where, in accordance with the knowledge available to them, the implementation of the building plan has significant, in particular unforeseen, adverse effects on the environment. Unofficial table of contents

Section 4a Common rules on participation

(1) The rules on public and public participation shall in particular serve to determine and correct the evaluation of concerns and information provided to the public by the planning. (2) The information provided for in § 3 The first paragraph may be made at the same time as the disclosure in accordance with § 4 (1), the interpretation in accordance with § 3 (2) may be carried out at the same time as the collection of the opinions pursuant to § 4 (2). (3) If the design of the building management plan is to be submitted in accordance with the procedure laid down in § 3 paragraph 2 or § 4 (2) amended or supplemented, it must be reinterpreted and the opinions once again. In doing so, it may be determined that opinions can only be delivered to the amended or amended parts; this should be pointed out in the renewed announcement according to § 3 paragraph 2 sentence 2. The duration of the interpretation and the time limit for opinion may be adequately shortened. Where the modification or addition of the draft blueprint does not affect the broad outlines of the planning, the collection of opinions may be based on the public concerned by the amendment or supplement, as well as on the authorities in contact with the draft plan. (4) In the case of public and public participation, electronic information technologies can be used in addition. In so far as the congregation cedes the draft plan of construction and the justification to the Internet, the opinions of the authorities and other institutions of public interest may be issued by communication of the place and duration of the public interpretation in accordance with Article 3 (2). and the Internet address; the communication may take place through electronic communications, provided that the addressee has access to it. The municipality shall, when applying the second sentence of the second sentence of sentence 2, submit to the authority or the other institution of public interest, at its request, a draft plan of construction and the justification; § 4 (2) sentence 2 shall remain unaffected. (5) Building control plans, which may have a significant impact on neighbouring countries, must inform the municipalities and authorities of the neighbouring state in accordance with the principles of reciprocity and equivalence. By way of derogation from the first sentence, in the case of a building control plan which may have a significant environmental impact on another State, it shall be required to be involved in accordance with the provisions of the Environmental Impact Assessment Act; for the opinions of the public , by way of derogation from the provisions of the Law on Environmental Impact Assessment, the provisions of this Code shall, by way of derogation from the provisions of the Law on Environmental Impact Assessment, comply with the provisions of the Law on Environmental Impact Assessment, , If a cross-border shareholding in the case of a building control plan is required in accordance with the second sentence, it must be pointed out in the announcement according to § 3 para. 2 sentence 2. (6) Opinions which are not in the proceedings of the public and public authorities In the event that the municipality had not known and should not have known its content and the content of which is not relevant to the legality of the building plan, it may not be taken into account in the decision-making on the building plan. is of importance. Sentence 1 shall apply to opinions issued in public participation only if it has been pointed out in the notice pursuant to section 3 (2) sentence 2 on public participation. Unofficial table of contents

§ 4b A third party

In particular, the municipality can transfer the preparation and execution of procedural steps in accordance with § § 2a to 4a to a third party in order to speed up the construction-control planning process. It may also transfer to a third party the implementation of a mediation or other non-judicial dispute settlement procedure. Unofficial table of contents

§ 4c Monitoring

The municipalities shall monitor the significant environmental impact of the implementation of the construction plans in order to identify, in particular, unforeseen adverse effects at an early stage and to be able to take appropriate measures in order to: To remedy the situation. In doing so, they shall use the monitoring measures specified in the environmental report referred to in point 3 (b) of Appendix 1 to this Code and the information provided by the authorities in accordance with Section 4 (3).

Second section
Preparatory building plan (land use plan)

Unofficial table of contents

Section 5 Content of the land use plan

(1) In the plan for land use, the type of land use resulting from the intended development of the urban development is to be presented for the entire municipal area in accordance with the foreseeable needs of the municipality in the basic trains. Areas and other representations may be excluded from the land use plan if it does not affect the broad guidelines to be presented in accordance with the first sentence and the municipality intends to make the presentation at a later date; (2) In the plan for land use, the following may be presented in particular:

1.

the land intended for construction, in accordance with the general nature of its construction (construction site), the special nature of its construction use (construction sites) and the general level of construction use; construction sites for which a central part of the building is located the disposal of waste water is to be identified;

2.

the furnishing of the municipal area

a)

with facilities and facilities for the supply of goods and services of the public and private sectors, in particular structural installations and public-service facilities serving the general public, such as schools and churches, and other ecclesiastic, social, health and cultural buildings and facilities, as well as areas for sports and gaming facilities,

b)

with installations, facilities and other measures which counteract climate change, in particular for the decentralised and centralised production, distribution, use or storage of electricity, heat or cooling from renewable energy sources, or power-to-heat coupling,

c)

with installations, facilities and other measures designed to adapt to climate change,

d)

with central utilities;

3.

the areas for local transport and for the local main trains;

4.

land for supply, waste disposal and waste water disposal, depositions and main supply and main water lines;

5.

the green areas, such as parks, permanent shredded gardens, sports, play, tent and bathing areas, cemeteries;

6.

the areas for use restrictions or for measures to protect against harmful environmental impacts within the meaning of the Federal Immission Control Act;

7.

water areas, harbours and the areas provided for water management, as well as areas to be kept free in the interests of flood protection and the regulation of the water flow;

8.

the areas for shaking, excavation or extraction of stones, earths and other mineral resources;

9.

a)

land for agriculture and

b)

Forest;

10.

the areas for measures to protect, maintain and develop soil, nature and landscape.

(2a) Areas for compensation within the meaning of Section 1a (3) within the scope of the land use plan may be assigned in whole or in part to the areas on which interventions in nature and landscape are to be expected. (2b) For the purposes of Article 35 (3) They may be drawn up in the form of factual land-use plans; they may also be drawn up for parts of the municipal territory. (3) In the plan for land use, the following shall be identified:

1.

Areas requiring special structural precautions against external effects or for which special structural protection measures against natural forces are required;

2.

areas covered by the mining industry or which are intended for the extraction of minerals;

3.

areas intended for use in buildings, the soils of which are heavily polluted with substances that are hazardous to the environment.

(4) Planning and other usage arrangements, which are determined in accordance with other statutory provisions, as well as multi-units of buildings which are protected by national law, are to be taken over in the form of a message. If such dislocations are envisaged, they should be noted in the land use plan. (4a) Fixed flood areas within the meaning of Section 76 (2) of the Water Resources Act are to be taken over by news. Areas not yet established pursuant to Section 76 (3) of the Water Resources Act and as risk areas within the meaning of Section 73 (1) sentence 1 of the Water Resources Act shall be noted in the land use plan (5) The land use plan shall be accompanied by a justification containing the information in accordance with section 2a. Unofficial table of contents

Section 6 Approval of the land use plan

(1) The land use plan shall be subject to the approval of the higher management authority. (2) The authorisation may only be denied if the land use plan has not been properly concluded or if the law book, which is based on this code (3) In the event of a failure to remedy the grounds of failure, the higher management authority may withdraw from the permit the territorial or factual parts of the land-use plan. (4) Approval shall be decided within three months; the higher Managing authority may forward spatial and factual parts of the land use plan in advance. For important reasons, the time limit may be extended by the competent authority at the request of the approval authority, but usually only up to three months. The congregation shall be informed of the extension of the time limit. The authorisation shall be deemed to have been granted if it is not rejected within the time limit, stating reasons. (5) The granting of the authorisation shall be made known in the usual manner. The notice shall take effect on the land use plan. It shall be accompanied by a summary declaration on the manner in which the environmental concerns and public and public participation results have been taken into account in the land use plan and on what grounds the plan is based on: Consideration was chosen with the appropriate other planning options under consideration. Everyone can consult the land use plan, the explanatory statement and the summary statement and request information on their content. (6) The decision to amend or supplement the land use plan also allows the municipality to determine whether or not to modify the land use plan. that the land use plan is to be republished in the version that it has undergone by the amendment or supplement. Unofficial table of contents

§ 7 Adaptation to the land use plan

Public planning bodies, which have been involved in accordance with § 4 or § 13, have to adapt their plans to the land use plan in so far as they have not objected to this plan. The opposition shall be required until the decision of the congregation. If a change in the situation requires different planning, they must immediately consult with the municipality. If an agreement between the municipality and the public planning institution cannot be reached, the public planning institution can subsequently object to it. The objection shall only be admissible if the concerns raised for the different planning do not only insignificantly outweigh the urban development concerns resulting from the land use plan. In the event of divergent planning, Section 37 (3) is to be supplemented or repealed by the amendment or amendment of the land use plan or a development plan developed under the land-use plan, § 38 sentence 3 shall remain unaffected.

Third Section
Mandatory building plan (Bebauplan)

Unofficial table of contents

§ 8 Purpose of the BebauPlan

(1) The development plan shall contain the legally binding provisions for the urban planning order. It forms the basis for further measures required to implement this code. (2) Development plans should be developed from the land use plan. A land-use plan is not required if the development plan is sufficient to arrange urban development. (3) With the establishment, modification, addition or cancellation of a development plan, the land use plan can also be used at the same time. established, amended or supplemented (parallel procedure). The development plan may be made known before the land use plan if, according to the state of the planning work, it is to be assumed that the construction plan will be developed from the future representations of the land use plan. (4) A building plan may be set up, amended, supplemented or repealed before the land use plan is established, if urgent reasons require it and if the development plan of the intended urban development of the municipal territory does not will stand in the way of (premature building plan). If a land-use plan is continued in the area of land or stock changes in municipalities or other changes in responsibility for the establishment of land use plans, an early development plan may also be established before the Land use plan is supplemented or amended. Unofficial table of contents

Section 9 Content of the BebauPlan

(1) The development plan may be based on urban planning reasons:

1.

the nature and extent of the building's use;

2.

the construction, the superstructure and the non-superstructurable land areas and the position of the structural installations;

2a.

the depth of the distance areas deviating from the right to the right of construction;

3.

minimum dimensions for the size, width and depth of the building land, and for reasons of economical and gentle handling of land for residential building plots, even maximum dimensions;

4.

the areas for ancesuits which are required under other rules for the use of land, such as play, leisure and recreation areas, as well as the areas for pitches and garages with their driveways;

5.

areas for general use and for sports and gaming facilities;

6.

the maximum number of dwellings in residential buildings;

7.

the areas on which, in whole or in part, only residential buildings which could be supported by means of social housing support may be established;

8.

individual areas on which only residential buildings may be built, in whole or in part, intended for groups of persons with special housing requirements;

9.

the specific use of land;

10.

the areas which are to be kept free from the building and their use;

11.

the areas of traffic and areas of particular use, such as pedestrian areas, parking areas for vehicles, areas for the parking of bicycles, and the connection of other areas to the traffic areas; the areas may be shall also be established as public or private land;

12.

the supply areas, including areas for installations and facilities for the decentralised and centralised production, distribution, use or storage of electricity, heating or cooling from renewable energy sources or cogeneration;

13.

the management of above-ground or subterranean supply systems and guidance;

14.

land for waste and sewage disposal, including the retention and seepage of precipitation water, as well as for depositions;

15.

public and private green spaces, such as parks, permanent shredded gardens, sports, play, tent and bathing areas, cemeteries;

16.

water areas and areas for water management, for flood protection installations and for the regulation of water discharge;

17.

the areas for shaking, excavation or extraction of stones, earths and other mineral resources;

18.

a)

land for agriculture and

b)

Forest;

19.

the areas for the installation of small-scale livestock installations, such as exhibition and breeding facilities, kennel, paddoings and the like;

20.

the areas or measures for the protection, maintenance and development of soil, nature and landscape;

21.

areas to be burdened by means of the rights of the general public, the person concerned, or a restricted group of persons, in respect of the rights of the general public, the rights of the persons concerned or the rights of a person

22.

the areas for Community installations for specific areas such as children's playgrounds, leisure facilities, pitches and garages;

23.

Areas in which

a)

for protection against harmful environmental effects within the meaning of the Federal Immission Control Act, certain air pollutants may not be used or may be used only to a limited extent,

b)

construction and other technical measures for the production, use or storage of electricity, heat or cooling from renewable energy or cogeneration in the construction of buildings or certain other construction installations shall be taken;

24.

the protective surfaces to be kept free from the building and the use thereof, the areas for special installations and precautions for protection against harmful environmental effects and other hazards as defined by the Federal Immission Control Act and those for protection in the event of such effects, or in order to avoid or mitigate such effects, to be made and other technical measures to be taken;

25.

for individual areas or for a land area or part thereof, and for parts of construction installations other than those set for agricultural uses or woodland

a)

the planting of trees, shrubs and other plantations,

b)

connections for plantings and for the conservation of trees, shrubs and other plantings and of water;

26.

the areas for shucks, excavations and supporting walls, as far as they are necessary for the production of the road body.

(1a) Surfaces or measures for compensation within the meaning of Article 1a (3) may be applied to the land on which interventions in nature and the countryside are to be expected, or elsewhere, both in the other scope of the development plan and in the case of a land or other area of land. other land-use plan. The areas or measures to compensate elsewhere may be allocated in whole or in part to the land on which interventions are to be expected, including measures on land provided by the municipality. (2) In the The development plan may be fixed in specific cases where certain of the building and other uses and installations laid down in the plan are limited only to:

1.

permitted for a specified period of time, or

2.

up to the entry of certain circumstances admissible or inadmissible

. The use of the following is to be determined. (2a) In the context of built-up districts (§ 34) it is possible to maintain or develop central areas of supply, including in the interest of a consumer-related supply of the population and the internal development of the Municipalities, set out in a development plan that only certain species of the constructional uses permitted under section 34 (1) and (2) are admissible or not admissible, or can only be admitted by way of exception; the compositions may be used for parts of the spatial scope of the development plan . In particular, the urban development concept referred to in section 1 (6) no. 11 shall be taken into account in this connection, which shall be based on statements concerning the central areas of supply to be maintained or developed by the municipality or by a Community part contains. In the central utilities to be maintained or to be developed, the planning requirements for projects that serve these areas of care should be provided in accordance with § 30 or § 34 or by a development plan, the (2b) In the context of built-up districts (§ 34), a development plan, including parts of the spatial scope of the development plan, may be used to establish that amusement sites or places of interest may be used in the construction of a building. Certain types of amusement sites are permitted or not permitted, or may exceptionally be permitted to:

1.

an impairment of residential use or other vulnerable installations such as churches, schools and day care centres, or

2.

an adverse effect on the urban development function of the area resulting from the existing use, in particular by means of an increase in the number of amusement sites adversely affected by urban development;

(3) In the case of fixed compositions as referred to in paragraph 1, the altitude may also be fixed. The provisions referred to in paragraph 1 for superposed floors and levels and other parts of construction equipment may be made separately, including in so far as projectiles, plains and other parts of construction equipment are located below the (4) Countries may determine by legislation that rules based on national law may be included in the development plan as a fixed basis and to what extent the provisions of these provisions shall be subject to the provisions of (5) In the development plan, the following are to be identified:

1.

Areas requiring special structural precautions against external effects or for which special structural protection measures against natural forces are required;

2.

areas covered by the mining industry or which are intended for the extraction of minerals;

3.

Areas whose soils are heavily polluted with substances that are hazardous to the environment.

(6) According to other statutory provisions, public regulations for the purposes of connection and use of users as well as memorials according to national law should be transferred to the development plan as far as it is intended to understand or in order to assess the urban planning of building applications, or are appropriate. (6a) Flooded areas within the meaning of Section 76 (2) of the Water Resources Act are to be taken over by news. Areas of flooding which have not yet been established within the meaning of Section 76 (3) of the German Water Resources Act and as risk areas within the meaning of Section 73 (1) sentence 1 of the Water Resources Act shall be included in the development plan. (7) The Construction plan sets the limits of its spatial scope. (8) The development plan shall be accompanied by a justification containing the information in accordance with § 2a. Unofficial table of contents

Section 9a Regulation empowerment

The Federal Ministry of Transport, Building and Urban Development is authorized, with the consent of the Federal Council, to enact provisions in accordance with the provisions of the regulation

1.

Representations and fixtures in the building control plans via

a)

the type of building use,

b)

the measure of the structural use and its calculation,

c)

the construction as well as the superstructure and the non-superstructurable land;

2.

the construction and other installations permitted in the construction areas;

3.

the admissibility of the fixing, in accordance with section 9 (3), of various types of construction sites or of different types of construction and other installations permissible in the construction areas;

4.

the preparation of the building control plans, including the accompanying documents, as well as the presentation of the plan content, in particular on the planting signs to be used and their significance.

Unofficial table of contents

Section 10 Decision, approval and entry into force of the BebauPlan

(1) The municipality decides the development plan as a statute. (2) BebauPlans pursuant to § 8 (2) sentence 2, subsection (3) sentence 2 and (4) require the approval of the higher administrative authority. § 6 (2) and (4) shall be applied accordingly. (3) The granting of the authorisation or, if a permit is not required, the decision of the development plan by the municipality shall be made known in a customary manner. The development plan shall be kept ready for inspection on the basis of the explanatory statement and the summary declaration referred to in paragraph 4; the content shall be provided on request. The notice shall indicate where the development plan can be viewed. The notice shall enter into force with the notice. The notice shall be replaced by the publication otherwise required for statutes. (4) A summary statement shall be annexed to the Bebauplan on the way in which the environmental concerns and the results of the public sector are and the involvement of the authorities in the development plan, and for what reasons the plan was chosen after consideration with the other possible planning options under consideration.

Fourth Section
Cooperation with private persons; simplified procedure

Unofficial table of contents

Section 11 Urban development contract

(1) The municipality may conclude urban development contracts. Objects of an urban planning contract may be in particular:

1.

the preparation or implementation of urban planning measures by the contracting party at its own expense, including the reorganisation of land conditions, the remediation of land and other preparatory measures, the development by means of Federal or state-of-the-art, non-contributory and non-contributory development facilities as well as the elaboration of the urban planning planning and, if necessary, the environmental report; the responsibility of the municipality for the statutory Planning procedures shall remain unaffected;

2.

the promotion and safeguarding of the objectives pursued by the planning of the building, in particular the use of land, also with regard to a period of freezing or a condition, the implementation of the compensation within the meaning of Article 1a (3), the consideration of -building cultural interests, meeting the housing needs of population groups with special housing problems and the housing needs of the local population;

3.

the assumption of costs or other expenses incurred or incurred by the municipality for urban development measures and which are the prerequisite or consequence of the planned project, including the provision of land;

4.

in accordance with the objectives and purposes of the urban planning planning and measures, the establishment and use of facilities and facilities for the decentralised and centralised production, distribution, use or storage of electricity, heat or electricity, refrigeration from renewable energy sources or combined heat and power;

5.

In accordance with the objectives and purposes pursued by the urban planning planning and measures, the requirements for the energetic quality of buildings are met.

The municipality can also conclude municipal contracts with a legal entity in which it is involved. (2) The agreed services must be proportionate to the circumstances in all circumstances. The agreement of a service to be provided by the contractual partner shall be inadmissible if it would have a right to the consideration without it. Without prejudice to the provisions of the first sentence, the contracting party shall bear or bear costs or other expenses. (3) An urban planning contract shall require the written form, if not by law. a different form is required. (4) The admissibility of other urban development contracts remains unaffected. Unofficial table of contents

§ 12 Project and development plan

(1) The municipality may determine the admissibility of projects by means of a project-related development plan if the project holder is based on a plan agreed with the municipality to implement the projects and the development measures. (Project and development plan) is willing and able to carry out the planning and development costs in full or in part prior to the decision pursuant to § 10 para. 1 for implementation within a specified period of time and for the execution of the planning and closing costs. (Implementing Treaty). The explanatory statement of the draft plan shall contain the information required in accordance with Section 2a. Cross-border participation shall be subject to the submission of a translation of the information, in so far as it is necessary in accordance with the provisions of the Environmental Impact Assessment Act. In addition, paragraphs 2 to 6 shall apply to the project-related development plan in accordance with the first sentence of sentence 1. (2) The municipality shall, at the request of the subcarrier, decide on the initiation of the land-use planning procedure in accordance with its discretion. At the request of the subcarrier or if the congregation considers it necessary after the initiation of the construction planning procedure, the municipality informs the municipality of the presumed necessary investigation framework of the environmental assessment according to § 2 para. 4 , with the participation of the authorities in accordance with § 4 (1). (3) The project and development plan shall form an integral part of the project-based development plan. In the area of the project and development plan, the municipality is not bound by the provisions of § 9 and the regulation adopted pursuant to Section 9a of the Regulation in determining the admissibility of the projects; § § 14 to 18, 22 to 28, 39 to 79, 127 to 135c are not applicable. To the extent that the project-related development plan also applies in the area of the project and development plan for the purpose of making a statement according to § 9 for public purposes, it may be expropriated in accordance with Section 85 (1) no. 1. (3a) The scope of the project and development plan by setting a construction area on the basis of the Baunutzungsverordnung or in any other way a building or other use is fixed in general, is subject to the appropriate application of § 9 para. 2 to establish that only such projects shall be permitted under the proposed uses , the subcarrier is obliged to carry out its implementation in the implementing contract. Amendments to the implementing contract or to the conclusion of a new implementing contract are admissible. (4) Individual areas outside the scope of the project and development plan may be included in the project-related development plan. (5) A change of the subcarrier shall require the consent of the municipality. Consent may be refused only if the facts justify the assumption that the implementation of the plan and the development plan is at risk within the time limit referred to in paragraph 1. (6) The plan and development plan shall not be used. within the time limit laid down in paragraph 1, the municipality shall repeal the BebauPlan. Claims of the subcarrier against the congregation cannot be asserted from the repeal. The simplified procedure may be applied in accordance with Section 13. Unofficial table of contents

Section 13 Simplified procedure

(1) If the modification or addition of a building control plan does not affect the broad outlines of the planning, or is due to the establishment of a development plan in an area according to § 34 of the existing nature of the surrounding area, The municipality may apply the simplified procedure if it does not substantially modify or contain only the provisions of Article 9 (2a) or (2b) of this Directive, if:

1.

the admissibility of projects which are subject to an obligation to carry out an environmental impact assessment pursuant to Annex 1 to the Law on Environmental Impact Assessment or State Law shall not be prepared or justified; and

2.

there is no evidence of impairment of the protected goods referred to in Article 1 (6) (7) (b).

(2) In the simplified procedure,

1.

apart from the early information and discussion in accordance with § 3 (1) and § 4 (1),

2.

the public concerned is given the opportunity to comment within a reasonable period of time, or, alternatively, the interpretation is carried out in accordance with Article 3 (2)

3.

the authorities and other public authorities concerned are given the opportunity to express their views within a reasonable period of time or, alternatively, the participation in accordance with section 4 (2) is carried out.

If the public concerned is involved in accordance with the first sentence of 1 no. 2, the obligation to hint of § 3 para. 2 sentence 2 sentence 2 shall apply. (3) In the simplified procedure, the environmental assessment in accordance with § 2 para. 4, of the environmental report according to § 2a, shall be subject to the obligation to provide the information concerned. § 3 (2) sentence 2, which types of environmental information are available, as well as from the summary declaration in accordance with § 6 (5) sentence 3 and § 10 (4) apart; § 4c is not applicable. In the case of the participation referred to in paragraph 2 (2), it should be pointed out that an environmental assessment is to be carried out. Unofficial table of contents

§ 13a Development plans of the internal development

(1) A development plan for the re-use of areas, post-compression or other internal development measures (development plan for internal development) can be drawn up in the accelerated procedure. The development plan may only be drawn up in the accelerated procedure if it has a permissible base area within the meaning of section 19 (2) of the Baunutzungsverordnung or a size of the base area is fixed by total

1.

less than 20 000 square metres, the base areas of a number of development plans being set up in a narrow, objective, spatial and temporal context; or

2.

20 000 square metres to less than 70 000 square metres if, on the basis of a superordinated test, taking into account the criteria set out in Annex 2 of this Act, the assessment is obtained that the development plan is not likely to be has a significant environmental impact, which would be taken into account in the weighing in accordance with Article 2 (4) sentence 4 (preliminary examination of the individual case); the authorities and other institutions of public interest whose duties can be affected by the planning process, shall be involved in the preliminary examination of the individual case.

Where a development plan does not set a permissible base area or a size of the base area, the area likely to be sealed when the development plan is implemented shall be the area that is likely to be sealed when the sentence is applied. The accelerated procedure shall be excluded if the development plan justifies the admissibility of projects which have a duty to carry out an environmental impact assessment in accordance with the Environmental Impact Assessment Act, or shall be subject to national law. The accelerated procedure shall also be excluded if there are indications of an impairment of the protected goods referred to in Article 1 (6) (7) (b). (2) In the accelerated procedure

1.

the provisions of the simplified procedure referred to in Article 13 (2) and (3) sentence 1 shall apply accordingly;

2.

a development plan different from that of the land use plan may also be drawn up before the land use plan is amended or supplemented; the orderly urban development of the municipal area may not be adversely affected the land-use plan shall be adjusted by means of adjustment;

3.

, it is appropriate to take due account of a need for investment to maintain, secure and create jobs, to supply the population with housing or to implement infrastructure projects in the balance-of-weight;

4.

shall apply in the cases referred to in the second sentence of the first sentence of paragraph 1, which are to be expected on the basis of the establishment of the development plan, than is effected before the planning decision in accordance with Section 1a (3) sentence 6.

(3) When a development plan is drawn up in the accelerated procedure, it is customary to make known locally,

1.

the development plan is to be drawn up in the accelerated procedure without carrying out an environmental assessment in accordance with Article 2 (4), in the cases referred to in the second sentence of paragraph 1, including the main reasons for this, and

2.

where the general public can inform itself of the general objectives and purposes and the material implications of the planning and that the public may submit its comments within a specified period of time, provided that there is no early warning: Information and discussion within the meaning of Section 3 (1) takes place.

The notice referred to in the first sentence may be connected with the local notice pursuant to § 2 para. 1 sentence 2. In the cases referred to in the second sentence of paragraph 1, the notice referred to in the first sentence of paragraph 1 shall be made after the completion of the preliminary examination of the individual case. (4) Paragraphs 1 to 3 shall apply mutatily to the amendment and amendment of a plan of development.

Part two
Securing the construction management planning

First section
Change lock and deferment of building applications

Unofficial table of contents

Section 14 Change lock

(1) If a decision is taken on the establishment of a development plan, the municipality may decide, in order to ensure the planning of the future plan area, a curfew with the content that:

1.

Projects within the meaning of § 29 shall not be carried out or construction installations must not be removed;

2.

significant or significant changes in the value of land and structures whose modifications are not subject to approval, consent or notifiable changes.

(2) Where overriding public concerns do not conflict, an exception may be accepted by the amendment. The decision on exceptions shall be taken by the building approval authority in agreement with the municipality. (3) Projects which have been approved under construction law prior to the entry into force of the amendment, projects from which the municipality is subject, in accordance with the conditions laid down in the The amendment to the Rules of Procedure, which should have been started before the entry into force of the amendment, as well as the maintenance work and the continuation of a use which has been carried out to date, shall be subject to the amendment not affected. (4) Insofar as projects in the formally defined redevelopment area or in the urban development area an authorisation requirement pursuant to section 144 (1), the provisions relating to the change barrier shall not be applied. Unofficial table of contents

Section 15 Reproduction of requests for construction

(1) If a change barrier according to § 14 is not decided, although the conditions are fulfilled, or if a decided change lock has not yet entered into force, the building approval authority, at the request of the municipality, has the decision on the admissibility of projects on a case-by-case basis for a period of up to 12 months, if it is to be feared that the project would be made impossible or substantially impeded by the project. In the absence of a building permit procedure, a provisional subsac shall be issued, at the request of the municipality, in place of the suspension of the decision on admissibility, within a period fixed by national law. The provisional refusal shall be equal to the revoking after the first sentence of sentence 1. (2) As far as projects in the formally designated redevelopment area or in the development area of the urban development are subject to an approval requirement pursuant to section 144 (1), the provisions shall be not to be applied for the withdrawal of requests for construction; with the formal establishment of the redevelopment area or the development area of the urban development sector, a decision on the deferment of the application under paragraph 1 shall become ineffective. (3) At the request of the The municipality has the approval authority to decide on the the admissibility of projects pursuant to section 35 (1) (2) to (6) shall be suspended for a period up to a maximum of one year after the date of notification of the withdrawal of the request for construction if the municipality has decided to draw up, amend or amend a land-use plan; or in order to achieve the legal effects of Section 35 (3) sentence 3, and to fear that it would be impossible or much more difficult to carry out the planning process by the project. During this period, the time between the receipt of the request for construction with the competent authority shall not be counted until the date of notification of the return of the application for construction, provided that the time period for the processing of the application for construction is necessary. The congregation referred to in the first sentence shall be admissible only within six months of the congregation having received formal knowledge of the construction project in an administrative procedure. If special circumstances so require, the building approval authority may, at the request of the municipality, suspend the decision in accordance with the first sentence by no more than one additional year. Unofficial table of contents

Section 16 Decision on the restriction of change

(1) The restriction of change is decided by the municipality as a statute. (2) The municipality has to make the change lock known in the usual way. It may also make it known in the usual manner that a change lock has been decided on; § 10 (3) sentence 2 to 5 shall apply accordingly. Unofficial table of contents

Section 17 Period of validity of the amendment

(1) The change barrier shall expire after two years. The two-year period shall be attributed to the period of time elapsed since the notification of the first provision of a building request in accordance with section 15 (1). The congregation may extend the period by one year. (2) If special circumstances so require, the congregation may extend the period again until a further year. (3) The congregation can completely or completely change the restriction of the congregation. (4) The amendment is to be put out of force, in whole or in part, before the expiry of the deadline, as soon as the conditions for the adoption of the amendment have been removed. (5) The In any case, the blocking of change shall not enter into force, as soon as and as far as the planning of the building (6) With the formal definition of the redevelopment area or the development area of the urban development, an existing change barrier according to § 14 will be repeal. This does not apply if the approval requirement in accordance with § 144 (1) is excluded in the refurbishment sentence. Unofficial table of contents

§ 18 Compensation in the event of a change

(1) If the restriction of change lasts for more than four years beyond the date of its commencement or the first provision of a building request in accordance with Article 15 (1), the persons concerned shall be deemed to have been subject to an adequate financial disadvantage for this reason. Compensation in money. The provisions relating to compensation in the second part of the Fifth Part and Article 121 shall apply by analogy, in the case of the property value which would be compensated in accordance with the provisions of Part Two of the Third Part. (2) The congregation is obliged to pay compensation. The person entitled to compensation may claim compensation if the financial disadvantages referred to in the first sentence of paragraph 1 have occurred. It may bring about the maturity of the claim by asking for the compensation to be paid in writing to the person liable for compensation. If an agreement is not reached on the compensation, the higher administrative authority shall decide. § 122 (3) For the purpose of determining compensation for compensation, § 44 (4) applies, with the proviso that in the case of a change lock, which is to secure a determination according to § § § § 44 (3) of the German law 40 (1) or 41 (1), the deadline for the deletion of the matter shall begin at the earliest as from the legally binding nature of the Bebau Plan. The notice referred to in Article 16 (2) shall indicate the provisions of the second sentence of paragraph 2 and the provisions of the second sentence of paragraph 2.

Second section
Division of land; areas with tourist functions

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Section 19 Division of land

(1) The division of a property is the declaration of the owner, which is given to the land registry or otherwise indicated, that a part of the property is written off in a basic book and as an independent plot of land or as a plot of land. together with other land or parts of other land. (2) The division of a land within the scope of a development plan shall not result in any conditions which may result in the settlement of the construction plan contradict. Unofficial table of contents

§ 20

(dropped) Unofficial table of contents

Section 21

(dropped) Unofficial table of contents

Section 22 Security of areas with tourist functions

(1) The municipalities, or parts of which are mainly influenced by tourism, may decide, in a development plan or by any other statute, that the purpose of securing the destination of areas with tourist functions is to be protected by the Justification or division of residential property or partial property (§ 1 of the Housing Property Act) subject to approval. This shall apply in accordance with the rights referred to in § § 30 and 31 of the Housing Property Act. The requirement for the provision is that the justification or division of the rights may affect the area's existing or intended purpose for tourism and, as a result, the orderly development of urban development. The purpose of an area for tourism is to be considered in particular in the case of spa areas, areas for tourist accommodation, weekend and holiday areas fixed in the development plan, and in the context of the construction of the area. Parts of the locality which correspond to such areas, as well as in other areas with tourist functions, which are characterised by accommodation facilities and residential buildings with tourist accommodation. (2) The municipality has known the statutes in a local language. . It may also make the notice in the appropriate application of § 10 (3) sentence 2 to 5. The congregation shall notify the Land Registry of the decision on the statutes, the date of its entry into force and the exact name of the land concerned in good time before it has been published. Apart from the exact name of the land concerned, if the whole of the congregation is affected and the congregation shares this with the land registry. (3) (omitted) (4) The authorisation may only be denied if the Justification or division of rights the purpose of the area for tourism and thereby the development and order of urban development is affected. The authorization shall be granted if it is necessary to enable the claims of third parties to be fulfilled, and to the security of which a reservation is entered in the land register prior to the approval reservation or the application for registration of a Notice received at the Land Registry; the authorization may also be requested by the third party. The approval may be granted in order to avoid economic disadvantages, which are of particular hardship for the owner. (5) The approval authority shall decide on the approval in agreement with the municipality. The authorisation shall be decided within one month from the date of receipt of the application by the building approval authority. If the examination of the application cannot be completed during that period, the period before its expiry shall be extended in an interim notification to be communicated to the applicant, in order to extend the period necessary to complete the examination; at most, however, by three months. The authorisation shall be deemed to have been granted if it is not failed within the time limit. The building approval authority shall, at the request of a person concerned, issue a certificate. The agreement shall be deemed to have been granted if it is not refused within two months of the date of receipt of the request by the approval authority; the request to the municipality shall be the same as the submission of the application to the municipality if it has been submitted to the congregation after the date of receipt (6) In the case of land falling within the scope of a Statute referred to in paragraph 1, the Land Registry shall not enter into the land register the entries referred to in paragraph 1 only if the letter of approval or a certificate is issued. shall be submitted in accordance with the fifth sentence of paragraph 5, or if the declaration of exemption by the municipality has been Paragraph 8 of the Basic Buchamp. However, if an entry has been entered in the land register, the building approval authority may, if the permit was required, request the land registry to register an appeal; § 53 (1) of the Land Registry shall remain unaffected. The objection must be deleted if the building approval authority is requested or granted permission. (7) If the authorisation is denied, the owner of the municipality may, under the conditions laid down in § 40 (2), the acquisition of the property. require. § 43 (1), (4) and (5) and § 44 (3) and (4) shall apply accordingly. (8) The congregation shall cancel the reservation of approval or, on a case-by-case basis, release individual plots of land from the reservation of approval by means of an explanation to the owner, if the conditions for the approval reservation are not met. The congregation shall immediately inform the Land Registry of the waiver of the approval reservation and the exact name of the land concerned. The exact designation can be waited if the whole of the congregation is affected and the municipality shares this with the land registry. As soon as the communication on the abolition of the authorisation reservation has been received by the Land Registry, the first sentence of paragraph 6 shall no longer be applied. (9) In the other Articles of Association referred to in paragraph 1, in addition to the determination of the authorisation reservation, the following may be applied: the maximum permissible number of dwellings in residential buildings shall be determined in accordance with § 9 (1) no. 6. Before the first sentence is fixed, the public concerned and the public authorities and other public authorities concerned shall be given the opportunity to deliver an opinion within a reasonable period of time. (10) The other Statute referred to in paragraph 1 shall be one To be accompanied by justification. In the explanatory memorandum to the BebauPlan (Section 9 (8)) or to the other Articles of Association, it should be stated that the conditions set out in the third sentence of paragraph 1 are available for the establishment of the territory. Unofficial table of contents

Section 23

(dropped)

Third Section
Legal pre-emption rights of the municipality

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Section 24 General right of pre-emption

(1) The congregation is entitled to the right of advance purchase of land

1.

within the scope of a development plan, in so far as it concerns areas for which a use for public purposes or for areas or measures for compensation within the meaning of Article 1a (3) is fixed in accordance with the construction plan,

2.

in a relaying area,

3.

in a formally defined sanctioning area and urban development area,

4.

within the scope of a statute for the protection of implementing measures for urban redevelopment and a conservation statutes,

5.

within the scope of a land-use plan, in so far as it relates to undeveloped areas in the external area, for which use is shown as a residential area or residential area under the land use plan,

6.

in areas which, according to Articles 30, 33 or 34 (2), can be built primarily with residential buildings, to the extent that the land is unbuilt, and

7.

in areas which are to be kept free for the purpose of preventive flood protection, in particular in floodwaters.

In the case of point 1, the right of pre-emption may be exercised after the public interpretation has begun, provided that the municipality has taken a decision to draw up, amend or supplement a plan of development. In the case of point 5, the right of pre-emption may already be exercised if the municipality has taken a decision and has made it known in the place of business to draw up, amend or supplement a land-use plan and, in accordance with the state of the Planning work is to be assumed that the future land use plan will be such a use. (2) The right of pre-emption is not to be found in the municipality for the purchase of rights under the property law and the inheritance rights. (3) The right to purchase shall be exercised only if the good of the general public justifies it. In the exercise of the right of pre-emption, the municipality shall indicate the purpose of the land. Unofficial table of contents

§ 25 Special pre-emption law

(1) The municipality may

1.

establish, within the scope of a development plan, the right of pre-emption of undeveloped land by statute;

2.

in areas where they are considering urban development measures, to secure an orderly development of urban development by statute, where they are entitled to a right of pre-emption on the land.

Article 16 (2) is to be applied accordingly to the Articles of Association. (2) § 24 (2) and (3) sentence 1 shall apply. The intended purpose of the land is to be indicated, to the extent that this is already possible at the time of the exercise of the right of pre-emption. Unofficial table of contents

Section 26 Exclusion of the right of advance purchase

The exercise of the right of pre-emption is excluded if:

1.

the owner sells the property to his spouse or to a person who is related to him in a straight line or is not related or is related in the sidelines through to the third degree,

2.

the property

a)

by a public demand carrier for the purposes of national defence, the federal police, customs administration, police or civil protection, or

b)

of churches and religious societies of public law for the purpose of worship or pastoral care

is bought,

3.

to be constructed on the site of projects for which a procedure referred to in § 38 has been initiated or carried out; or

4.

the property is constructed and used in accordance with the provisions of the construction plan or the objectives and purposes of the urban development measure and a construction plant constructed on it shall not be subject to maladministration or defects within the meaning of section 177 (2) and (3). Set 1.

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Section 27 Application of the right of advance purchase

(1) The purchaser may object to the exercise of the right of pre-emption if the use of the land is determined in accordance with the law of construction or the purposes and purposes of the urban development measure or can be determined with sufficient security, the Buyer is in a position to use the property accordingly within a reasonable period of time, and he is obliged to do so before the expiry of the period pursuant to § 28 (2) sentence 1. If a building site located on the property has malfunctions or defects within the meaning of section 177 (2) and (3) sentence 1, the buyer may waver the exercise of the right of sale if he/she has such maladministration or defects within a reasonable period of time before the expiry of the period laid down in Article 28 (2) sentence 1, it is obliged to remove it. The congregation shall extend the period in accordance with section 28 (2), first sentence, at the request of the purchaser for two months, if the buyer makes it credible before the expiry of that period that he is able to fulfil the conditions set out in the first or second sentence of sentence 1. (2) The right of application is not

1.

in the cases of § 24 (1) sentence 1 (1) and (1)

2.

in a transfer area, if the property is required for the purpose of relaying (§ 45).

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§ 27a Exercistion of the right of advance in favour of third parties

(1) The municipality may

1.

exercise their right of pre-emption in favour of a third party if the third party is in a position to use the land within a reasonable period of time for the purposes of the exercise of the right of pre-emption and is obliged to do so; or

2.

the right of pre-emption in favour of a public demand or service provider as well as the right of pre-emption in favour of a refurbant or a development support under section 24 (1), first sentence, no. 3, of the right of pre-emption to be granted pursuant to section 24 (1) sentence 1 if the institution agrees to do so.

In the cases referred to in point 1, the municipality has, in the exercise of the right of pre-emption in favour of a third party, the period in which the property is to be used for the intended purpose. (2) The exercise of the right of pre-emption shall give rise to the Purchase agreement between the beneficiary and the seller. The congregation is liable for the obligation to purchase the contract in addition to the beneficiary as a total debtor. (3) For the amount to be paid by the beneficiary and the procedure, § 28 (2) to (4) shall apply accordingly. If the beneficiary does not comply with the obligation laid down in the first sentence of paragraph 1, point 1, the municipality shall, in accordance with paragraph 102, require the transfer of the land in its favour or in favour of a willing to take over, who shall be responsible for the Implementation of the intended use within a reasonable period of time shall be in a position to do so. In the case of compensation and the procedure, the provisions of the fifth part shall apply by way of the appropriation of the restitution. The liability of the municipality pursuant to section 28 (3) sentence 7 remains unaffected. Unofficial table of contents

Section 28 Procedure and compensation

(1) The seller shall inform the congregation without delay of the contents of the contract of sale; the notice of the seller shall be replaced by the notice of the buyer. In the case of purchase contracts, the Land Registry shall only register the buyer as the owner in the land register if he or she has been shown the non-exercise or the non-existence of the right of pre-emption. If there is no pre-emption right or if it is not exercised, the congregation shall, at the request of a party concerned, immediately issue a certificate. The certificate is deemed to be a waiver of the exercise of the right of pre-emption. (2) The right of pre-emption can only be exercised within two months of the notice of the sales contract by an administrative act with regard to the seller. § § 463, 464 para. 2, § § 465 to 468 and 471 of the Civil Code are to be applied. After notification of the contract of sale, a preliminary note shall be entered in the land register at the request of the congregation for the purpose of securing its right to transfer the land; the municipality shall bear the costs of the registration of the prenotice and of its deletion. The right of pre-emption is not transferable. In the case of a property acquisition on the basis of the exercise of the right of pre-emption, right-of-business purchasing rights are extinguishing. If, after the exercise of the right of pre-emption, the congregation is registered in the land register as the owner, it may request the Land Registry to delete a note entered in the land register in order to ensure the purchaser's claim for transfer; it may: (3) By way of derogation from the second sentence of paragraph 2, the municipality may determine the amount to be paid on the basis of the value of the land (§ 194) at the time of purchase, if: the agreed purchase price the transport value in a manner which can be seen in the legal traffic clearly exceeds. In this case, the Seller shall be entitled to withdraw from the contract by the end of one month after the administrative act has been indisputable on the exercise of the right of pre-emption. § § 346 to 349 and 351 of the Civil Code are to be applied accordingly to the right of withdrawal. If the seller resigns from the contract, the municipality shall bear the costs of the contract on the basis of the traffic value. If the seller does not withdraw from the contract, after the expiry of the resignation period in accordance with sentence 2, the seller's obligation to transfer the property to the property from the sales contract shall be transferred to the municipality. In this case, the property shall be transferred to the municipality on the property if, at the request of the municipality, the transfer of the property is entered in the land register. If the municipality does not supply the property within a reasonable period of time to the purpose pursued by the exercise of the right to purchase, it shall have the seller an amount equal to the difference between the agreed purchase price and the value of the traffic. to pay. § 44 (3) sentence 2 and 3, § 43 (2) sentence 1 as well as § § 121 and 122 are to be applied accordingly. (4) In the cases of § 24 (1) sentence 1 no. 1, the municipality shall determine the amount to be paid in accordance with the provisions of the Second Section of the Fifth In part, if the acquisition of the land is necessary for the implementation of the development plan and it could be expropriated in accordance with the intended use. With the inability of the buyer to exercise the right of pre-emption, the seller's obligation to transfer the property to the property from the contract of sale shall be granted to the congregation. In this case, ownership of the property shall be transferred to the municipality if, at the request of the municipality, the transfer of the property is entered in the land register. (5) The municipality can be used for the municipality or for all the plots of land belonging to a municipality. Refrain from exercising the rights granted to it under this Section. It can revoke the waiver at any time for purchase agreements to be concluded in the future. The renunciation and its revocation are to be made known in the usual manner. The municipality shall communicate the text of its declaration to the Land Registry. If the congregation has waived the exercise of its rights, a certificate referred to in the third sentence of paragraph 1 shall not be required unless a revocation is declared. (6) If the congregation has exercised the right of pre-emption, a third party shall be subject to financial disadvantages , in so far as the third party has a contractual right to acquire the property, before any statutory right of purchase by the municipality on the basis of this Code or such provisions of national law, which have been annulled by Section 186 of the Federal Building Act. The provisions relating to compensation in the second part of the fifth part shall apply accordingly. If an agreement is not reached on the compensation, the higher administrative authority shall decide.

Part Three
Regulation of constructional and other use; compensation

First section
Admissibility of projects

Unofficial table of contents

§ 29 Concept of the project; application of legislation

§ § 30 bis (1) § § 30 bis (1) § § 30 bis (1) For projects which have the construction, modification or change in the use of construction plants, and for bulk and excavations of a larger scale, as well as for destitutions, deposits including deposits. 37. (2) The provisions of the Rules of Procedure and other public-law provisions shall remain unaffected. Unofficial table of contents

Section 30 Admissibility of projects within the scope of a construction plan

(1) Within the scope of a development plan which, alone or in conjunction with other legal provisions, at least the requirements of the type and extent of the building use, the overbuilding land areas and the local area A project shall be admissible if it does not contradicts these provisions and the development is secured. (2) In the scope of a project-related plan of development in accordance with § 12, a project shall be admissible if the project is to be Construction plan is not contradicted and the development is secured. (3) In the scope of a Plan of construction which does not meet the requirements of paragraph 1 (simple development plan), the admissibility of projects shall, moreover, be determined in accordance with § 34 or § 35. Unofficial table of contents

Section 31 Exceptions and immunities

(1) The provisions of the Bebau Plan may allow for such derogations expressly provided for in the BebauPlan, in accordance with the nature and scope of the plan. (2) It is possible to exempt from the provisions of the Bebau Plan if the broad guidelines of the Bebau Plan are to be adopted. planning is not affected; and

1.

Reasons for the welfare of the general public, including the need to accommodate refugees or asylum seekers who require relief, or

2.

the deviation is justifiable in terms of urban development, or

3.

the implementation of the development plan would lead to an apparently unintended harshness

and if the deviation is compatible with public concerns, even if the interests of neighbourly interests are to be considered. Unofficial table of contents

§ 32 Restrictions on use in future municipal, transport, supply and green areas

Where overbuilt areas are set in the land-use plan as building plots for the common needs or as transport, supply or green spaces, projects which result in a value-enhancing modification of construction plants shall be limited to those projects, , and shall be granted for them exemption from the provisions of the Bebau Plan only if the requirement or ground carrier agrees or the owner is in favour of himself and his legal successor in order to replace the increase in value in the case of the case The BebauPlan will not be implemented in writing. This also applies to parts of a construction plant which are not contradictory to the development plan, if they are not economically viable for themselves or if the transfer of the remaining superstructures can be required in the event of expropriation. Unofficial table of contents

Section 33 Admissibility of projects during the planning of the project

(1) In areas subject to a decision establishing a development plan, a project shall be admissible if:

1.

the participation in public and public authorities pursuant to § 3 (2), § 4 (2) and § 4a (2) to (5) has been carried out,

2.

, it is to be assumed that the project does not preclude the future fixing of the BebauPlan,

3.

the applicant acknowledges these findings in writing and his legal successor in writing; and

4.

the development is secured.

(2) In cases referred to in Article 4a (3), first sentence, a project may be admitted prior to the participation of the public and public authorities if the modification or addition of the draft plan does not affect the project and the project in question does not affect the project. (3) If a procedure is carried out in accordance with § 13 or § 13a, a project may be authorised before the public and public authorities are involved, if the procedure referred to in paragraph 1 (2) to (4) of the procedure is fulfilled. are fulfilled. The public concerned and the public authorities and other public authorities concerned shall be given the opportunity to deliver an opinion within a reasonable time before the authorisation is granted, provided that they do not already have an opportunity to do so. had. Unofficial table of contents

Section 34 Admissibility of projects within the context of the built-up districts

(1) A project shall be admissible within the context of the built-up districts if, in the nature and extent of the construction, the construction and the land area which is to be built up, it fits into the specific nature of the surrounding area and the Development is secured. The requirements for healthy living and working conditions must be preserved; the local image must not be impaired. (2) The nature of the surrounding area corresponds to one of the construction areas which is in the regulation adopted pursuant to Article 9a of this Regulation. , the admissibility of the project shall be assessed according to its nature alone according to whether it would be permitted in general under the Regulation in the field of construction; whereas, pursuant to the Regulation, exceptionally admissible projects are Article 31 (1) of this Regulation, and (3) Projects referred to in paragraph 1 or 2 shall not be allowed to: harmful effects on central supply areas in the municipality or in other municipalities. (3a) From the requirement of insertion into the specific nature of the immediate environment referred to in the first sentence of paragraph 1, it may be possible to deviate in individual cases where: the deviation

1.

the extension, modification, change in use or renewal of a commercial or craft business which has been authorised, including the change in use for residential purposes, or the extension, modification or renewal of a lawfully established commercial or craft enterprise for residential purposes constructed for residential purposes,

2.

urban planning is justifiable and

3.

is also compatible with public concerns, even if it is to be considered in the interests of neighbourly interests.

The first sentence shall not apply to retail establishments which may have an adverse effect on the supply of the population to the consumer or which may have adverse effects on central areas of supply in the municipality or in other municipalities. (4) Community can by statute

1.

specify the limits of the location of the built-in districts,

2.

in the field of the external area, where the areas in the land-use plan are presented as a construction area,

3.

Individual areas of the area are included in the parts of the area, if the areas covered are marked accordingly by the building use of the adjacent area.

The statutes may be connected with each other. (5) The condition for the establishment of the statutes referred to in paragraph 4, first sentence, no. 2 and 3, shall be that:

1.

they are compatible with an orderly development of urban development,

2.

the admissibility of projects which are subject to an obligation to carry out an environmental impact assessment pursuant to Annex 1 to the Law on Environmental Impact Assessment or State Law shall not be justified; and

3.

there is no evidence of impairment of the protected goods referred to in Article 1 (6) (7) (b).

In the statutes referred to in the first sentence of paragraph 4, first sentence, no. 2 and 3, individual provisions may be made in accordance with § 9 (1) and (3) sentence 1 and (4). § 9 (6) and § 31 shall apply accordingly. In accordance with Article 1a (2) and (3) and Article 9 (1a), the articles of association referred to in the first sentence of paragraph 4 are to be applied accordingly and shall be accompanied by the statement of reasons in accordance with the second sentence of Article 2a (2) (1). (6) The provisions relating to the participation of public authorities and public authorities in accordance with Article 13 (2), first sentence, no. 2 and 3, as well as the second sentence, shall apply mutas to the provisions of the first and third sentences of the first sentence. Article 10 (3) shall apply mutas to the statutes referred to in the first sentence of paragraph 4, first sentence, no. 1 to 3. Unofficial table of contents

Section 35 Building on the outside

(1) In the field of external action, a project shall be admissible only if there are no public concerns which have been secured for sufficient development and where:

1.

a country or forestry operation and occupies only a minor part of the operating area,

2.

the operation of the production of the horticlework of the garden,

3.

the public supply of electricity, gas, telecommunications services, heat and water, the waste water industry or a local commercial operation;

4.

because of its special requirements for the environment, its adverse effect on the environment or its special purpose, it is intended to be carried out only in the field of the outside world, unless it is the establishment, modification or modification of the site, or extension of a construction plant for animal husbandry which does not fall within the scope of point 1 and which is subject to an obligation to carry out a site-related or general pre-examination or an environmental impact assessment in accordance with the Law on Environmental Impact Assessment (EIA), where to take into account, for the adoption of a close relationship, those livestock installations situated on the same operating or construction site and linked to joint operational or construction facilities,

5.

the exploration, development or use of wind or water energy,

6.

the energetic use of biomass as part of a holding referred to in point 1 or 2 or of an operation as referred to in point 4, which operates the livestock sector, and the connection of such installations to the public supply network, shall be Prerequisites:

a)

the project is in a spatially-functional relationship with the holding,

b)

the biomass comes mainly from the holding or mainly from this and from nearby establishments referred to in points 1, 2 or 4, in so far as the latter operates animal husbandry,

c)

only one plant is operated in each court or operating location; and

d)

the capacity of an installation for the production of biogas does not exceed 2.3 million standard cubic metres of biogas per year, and the thermal output of other plants does not exceed 2.0 megawatts,

7.

the exploration, development or use of nuclear energy shall be used for peaceful purposes or for the management of radioactive waste, with the exception of the re-erection of installations for the separation of nuclear fuel for the industrial production of electricity, or

8.

the use of solar radiation energy in, on and on the roof and exterior wall surfaces of buildings that are used for the purposes of construction, if the installation is structurally subordinate to the building.

(2) Other projects may be admitted on a case-by-case basis if their execution or use is not affected by public interests and the development is secured. (3) An impairment of public interests is particularly the case if the Projects

1.

contradicts the presentation of the land-use plan,

2.

contradicts the representations of a landscape plan or other plan, in particular of water, waste or immission protection,

3.

can cause or be exposed to harmful environmental effects,

4.

requires uneconomic costs for roads or other transport facilities, for installations of supply or disposal, for safety or health or for other tasks,

5.

the conservation of nature and the conservation of the countryside, the protection of the soil, the conservation of monuments or the natural nature of the landscape and its recreational value, or demise the image of the locals and the landscape,

6.

affects measures to improve the agricultural structure, endangers the water management or flood protection,

7.

the emergence, solidification or expansion of a splinter settlement may be feared, or

8.

the functionality of radio stations and radar systems.

Space-relevant projects must not contradict the objectives of regional planning; public matters shall not preclude space-related projects in accordance with paragraph 1, insofar as the concerns relating to the presentation of these projects are weighed down as objectives of spatial planning. . Public concerns are generally accepted in accordance with the provisions of paragraph 1 (2) to (6), insofar as such projects have been designated elsewhere by representations in the land-use plan or as objectives of regional planning. (4) referred to in the following referred to in paragraph 2, other projects referred to in paragraph 2 may not be contrary to representations of the land-use plan or of a landscape plan which affect the natural nature of the landscape or the creation, consolidation or expansion of a splinter settlement may be feared, in so far as they are, moreover, compatible with the outside area within the meaning of paragraph 3:

1.

the modification of the previous use of a building within the meaning of paragraph 1 (1) under the following conditions:

a)

the project is intended to be used for the purpose of using a building substance that is worth preserving

b)

the outer shape of the building remains essentially intact,

c)

the task of the previous use is no longer than seven years back,

d)

the building has been erravently constructed more than seven years ago,

e)

the building is in a spatially-functional relationship with the court office of the agricultural or forestry business,

f)

in the case of change for residential purposes, in addition to the housing allowed under paragraph 1 (1), no more than three flats per court office are created; and

g)

there shall be an obligation not to make rebuilding as a substitute for the use which has been made, unless the rebuilding is necessary in the interest of the development of the holding referred to in paragraph 1 (1),

2.

the re-erection of a similar residential building in the same place under the following conditions:

a)

the existing building has been properly constructed,

b)

the existing building has malfunctions or defects,

c)

the existing building has been used by the owner for a long time and

d)

Facts justify the assumption that the newly built building will be used for the own needs of the previous owner or his family; has the owner acquired the existing building by way of succession from a pre-owner who has been in use for some time, it is sufficient for facts to justify the assumption that the newly built building will be used for the owner's own needs or his family,

3.

the early re-erection of a similar building destroyed by fire, natural events or other extraordinary events, in the same place,

4.

the change or change in the use of preserved buildings, the image of the cultural landscape, even if they are abandoned, if the project is to use the buildings in an appropriate way and to preserve the design value;

5.

the extension of a residential building up to a maximum of two apartments, subject to the following conditions:

a)

the building has been properly constructed,

b)

the extension is appropriate in relation to the existing building and taking into account the housing needs;

c)

in the case of the establishment of another dwelling, facts justify the assumption that the building is used by the previous owner or his/her family,

6.

the construction extension of a commercial establishment which has been properly constructed, if the extension is appropriate in relation to the existing building and operation.

In duly substantiated individual cases, the legal order of the first sentence shall also apply to the recertification of a building within the meaning of paragraph 1 (1), to which a different use shall be assigned if the original building is also to be used for the purpose of the external appearance of the building. The preservation of the cultural landscape is not to be expected to be subject to greater external exposure than in the case of the first sentence and the new direction is also compatible with neighbourly interests; the first sentence of point 1 (b) to (g) shall apply. accordingly. In the cases referred to in points 2 and 3 of the first sentence and of the second sentence, minor extensions of the new building to the removed or destroyed building and minor deviations from the previous site of the building shall be permitted. (5) The following shall be considered as paragraphs 1 to 4 are to be carried out in a space-saving manner that limits the soil sealing to the necessary dimension and is gentle on the outside. In the case of projects referred to in paragraph 1 (2) to (6), a declaration of commitment shall be made as a further condition of admissibility, to restore the project after a permanent abandonment of the permitted use and to eliminate soil sealing; in the case of a project which has been Paragraph 1 (2) to (6) shall be subject to the provisions of the rebuilding obligation, and in the case of a change in use permitted under paragraph 1 (1) (1) or (2), it shall be deleted. The building approval authority shall ensure compliance with the obligation laid down in accordance with the second sentence of the second sentence and the first sentence of the first sentence of paragraph 1, point (g), by land law or otherwise. Moreover, in the cases referred to in the first sentence of paragraph 4, it is intended to ensure that the construction or other plant is used only in the intended way after the project has been carried out. (6) The municipality may not be used in the field of external land, which does not have a are predominantly agricultural and where there is a residential development of some weight, by statute determining that residential purposes in the sense of paragraph 2 cannot be held against the fact that they are Presentation in the land use plan against land for agriculture or forest or the creation or solidification of a splinter settlement. The statutes may also extend to projects that serve smaller craft and commercial enterprises. The statutes may lay down more detailed provisions on admissibility. In order to establish the statutes, it is necessary that:

1.

it is compatible with an orderly development of urban development,

2.

the admissibility of projects which are subject to an obligation to carry out an environmental impact assessment pursuant to Annex 1 to the Law on Environmental Impact Assessment or State Law shall not be justified; and

3.

there is no evidence of impairment of the protected goods referred to in Article 1 (6) (7) (b).

When the articles of association are drawn up, the rules governing the participation of the public and the authorities in accordance with Article 13 (2), first sentence, no. 2 and 3, as well as the second sentence, must be applied accordingly. Section 10 (3) shall apply accordingly. The Statute shall not affect the application of paragraph 4. Unofficial table of contents

Section 36 Participation of the municipality and the higher administrative authority

(1) On the admissibility of projects in accordance with § § 31, 33 to 35, the building approval authority shall decide in accordance with the building supervisory procedure in agreement with the municipality. The agreement of the congregation shall also be necessary if, in another procedure, the admissibility is decided in accordance with the provisions referred to in the first sentence; this shall not apply to projects of the kind referred to in Article 29 (1), which shall: shall be subject to supervision. If the admissibility of projects is based on § 30 (1), the Länder shall ensure that the municipality can decide on measures to ensure the planning of the construction according to § § 14 and 15 in good time before the project is carried out. In the cases of Section 35 (2) and (4), the Land Government may, in general or in certain cases, stipulate that the approval of the higher administrative authority may be required by means of a legal regulation. (2) The agreement of the municipality and the consent of the Higher administrative authority may only be refused from the reasons arising from § § 31, 33, 34 and 35. The agreement of the congregation and the consent of the higher management authority shall be deemed to have been granted if they are not refused within two months of the date of receipt of the request by the approval authority; the request to the municipality shall be the following: Submission of the application to the municipality if it is required by country law. The competent authority in accordance with the law of the country may replace an unlawfully failing agreement of the municipality. Unofficial table of contents

Section 37 Construction measures of the federal government and the Länder

(1) The special purpose of public use in the construction of federal or national structures shall be to depart from the provisions of this Code or to the provisions adopted pursuant to this Code, or to The higher administrative authority decides not to reach agreement with the municipality in accordance with § 14 or § 36. (2) These are projects which are the national defence, the federal police service or the civil service. Population protection is only required by the approval of the higher administrative authority. Prior to obtaining the consent, it has to be heard by the municipality. If the higher administrative authority does not agree or contradicts the municipality to the intended construction project, the competent Federal Ministry shall decide in agreement with the federal ministries involved and in consultation with the competent authorities. Supreme State authority. (3) As a result of the implementation of the measures referred to in paragraphs 1 and 2, the municipality of the municipality is to be replaced by the institution of the measures to compensate for the costs of compensation under this Code. If, as a result of these measures, a development plan must be drawn up, amended, supplemented or repealed, it must also be replaced by the costs incurred. (4) In the event of structural installations being constructed on land which are to be constructed in accordance with the provisions of In accordance with Section 1 (2) of the Land Procurement Law, all objections permitted by the municipality or the higher administrative authority pursuant to paragraphs 1 and 2 shall be finally discussed in the procedure laid down in the procedure laid down in Article 1 (2) of the Land procurement law. A procedure referred to in paragraph 2 shall not be required in this case. Unofficial table of contents

Section 38 Building measures of local importance on the basis of planning procedures; publicly accessible waste disposal facilities;

On planning procedures and other procedures with the legal effects of the plan determination for projects of superlocality as well as on the public authorities under the Federal Immission Protection Act for the establishment and operation of the project § § 29 to 37 shall not apply if the municipality is involved; urban planning concerns must be taken into account. A binding pursuant to § 7 shall remain unaffected. Section 37 (3) shall apply.

Second section
Compensation

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Section 39 Trust damage

If, or in the exercise of their rights of use, other persons entitled to use, or in the exercise of their rights of use, have confidence in the stock of a legally binding development plan, preparations have been made for the realization of possible uses of land which are the recovery plan, they may require appropriate compensation in cash, as far as the expenses are lost due to the modification, addition or cancellation of the development plan. This also applies to charges in accordance with national or national law applicable to the development of the land. Unofficial table of contents

§ 40 Compensation in money or by acquisition

(1) Are included in the Bebauplan

1.

Areas for common use and for sports and gaming facilities,

2.

Areas for groups of persons with special housing needs,

3.

Areas of special use,

4.

protected areas and areas for special installations and arrangements for protection against impact,

5.

traffic areas,

6.

Supply surfaces,

7.

areas for waste and waste water disposal, including the retention and seepage of rainwater, as well as for depositions,

8.

green areas,

9.

Areas for shaking, excavation or extraction of stones, earths and other mineral resources;

10.

Areas for Community parking spaces and community garages,

11.

Areas for Community installations,

12.

surfaces to be kept free from the building,

13.

water areas, areas for water management, areas for flood protection installations and areas for regulating the water flow,

14.

Areas for the protection, maintenance and development of soil, nature and landscape

, the owner shall be compensated in accordance with the following paragraphs to the extent that he or she is subject to a financial disadvantage. This shall not apply in the cases of the first sentence of 1 point 1 in respect of areas for sports and gaming facilities and of the 1 Nos. 4 and 10 to 14, to the extent that the detentions or their implementation are the interests of the owner or the performance of a (2) The owner can demand the acquisition of the land,

1.

if, and in so far as it is economically no longer in economic terms, with regard to the setting or implementation of the development plan, to retain the property or to use it in the previous or any other permissible manner, or

2.

if projects in accordance with § 32 are not allowed to be carried out and thereby the previous use of a construction plant is removed or substantially reduced.

The owner may, in lieu of the acquisition, require the justification of co-ownership or of an appropriate right, if the implementation of the development plan does not require the withdrawal of the property. (3) The owner is an appropriate To provide compensation in cash if and to the extent that projects cannot be carried out in accordance with § 32, thereby making the use of its property so far economically more difficult. If the conditions of the take-over claim are fulfilled in accordance with paragraph 2, only that claim can be asserted. The person entitled to compensation may refer the person entitled to compensation for the transfer claim if the property is required as soon as possible for the purposes set out in the Bebauplan. Unofficial table of contents

Section 41 Compensation for reasons of travel, driving and management rights and in the case of plantings for plantings

(1) Where land is fixed in the development plan, which is to be subject to the right to travel, driving and managing rights, the owner may, subject to the conditions laid down in § 40 (2), require that these areas, including those for the piping, be subject to the conditions laid down in Article 40 (2). the right in favour of the right in favour of the person referred to in Article 44 (1) and (2). This does not apply to the obligation to pay for such local lines, which are used for the development and supply of the land. Further legislation, under which the owner is obliged to divest supply lines, shall remain unaffected. (2) In the development plan, there are links for planting and for the maintenance of trees, shrubs, other trees and other species of wood. Plantations and waters, as well as planting of trees, shrubs and other plantings, shall be subject to reasonable compensation to the owner if and to the extent that, as a result of these provisions,

1.

special expenses, which go beyond what is necessary in the case of proper management, or

2.

a significant reduction in the value of the land.

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§ 42 Compensation in case of alteration or cancellation of a permitted use

(1) If the permitted use of a property is cancelled or amended, and if this does not only insignificant impairment of the property, the owner may, in accordance with the following paragraphs, receive appropriate compensation in cash (2) If the permitted use of a property is repealed or amended within a period of seven years from admissibility, the compensation shall be determined on the basis of the difference between the value of the land on the basis of the permissible Use and its value resulting from the cancellation or modification. (3) the authorised use of a land after the expiry of the period referred to in paragraph 2 has been repealed or amended, the owner may require only compensation for interference in the use carried out, in particular where, as a result of the repeal, or Alteration of the permitted use the exercise of the realised use or other possibilities of the economic exploitation of the property, which result from the realised use, are made impossible or significantly impeded. The amount of the compensation in respect of the impairment of the value of the land shall be determined by the difference between the value of the land on the basis of the use and its value as a result of the difference between the value of the land and the value of the property as a result of the use of the (5) By way of derogation from paragraph 3, the compensation referred to in paragraph 2 shall be determined if the owner is involved in the realization of any of the permitted uses. shall, before the expiry of the period referred to in paragraph 2, be carried out by means of a change barrier or a temporary withdrawal of the project has been prevented and the project can no longer be carried out as a result of the abolition or alteration of the permitted use of the land. (6) Before the expiry of the period referred to in paragraph 2, a The project has been granted a prior notification under the supervision of building supervision and the owner of the project may be entitled to the project as a result of the cancellation or alteration of the permitted use of the land after the expiry of the The deadline is no longer being implemented or is the achievement of it have become economically unreasonable, the owner may be equal in the amount of the difference between the value of the land on the basis of the use provided for in the authorisation and the value of the land, which is due to the abolition or (7) Before the expiry of the period referred to in paragraph 2, an application for the granting of a building permit or a prepayment in accordance with the supervision of the building supervision law, which shall be subject to the admissibility of the ground of a The project has been illegally rejected and can be based on the results of the project. the authorisation or the notification of appeal with the requested content is not granted because the use allowed at the time of the application has been repealed or amended, the compensation shall be determined in accordance with the provisions of the following paragraph: 6. In accordance with the provisions of paragraph 6, paragraph 6 shall also apply if the application for a construction application or an advance notice in accordance with the legal provisions relating to the supervision of the construction of a project relating to the admissibility of a project under the law of the law has not been decided within the time limit referred to in paragraph 2, although the application has been made in sufficient time for authorisation to have been granted within the time limit. (8) In the cases referred to in paragraphs 5 to 7, the claim shall be: on compensation not if the owner was unwilling or unable to do so, intended to implement projects. The owner has to present the facts, which show his willingness and possibilities to realize the project. (9) If the permitted use of a property is lifted, the takeover claim also exists in accordance with § 40 (2) sentence 1 no. 1. (10) On request, the congregation shall provide the owner with information as to whether there is a legal protection of the permitted use for his property resulting from paragraph 2 and when the property is protected by the expiry of the time limit referred to in paragraph 2. ends. Unofficial table of contents

Section 43 Compensation and procedures

(1) If the compensation is to be made by taking over the property or by justifying a right and if an agreement is not reached, the owner may demand the withdrawal of the property or the justification of the law. The owner may submit the application for the deprivation of the property or on the grounds of the right of the expropriation authority. The provisions of the Fifth Part shall apply mutas to the deprivation of property or to the justification of the law. (2) If the compensation is to be paid in cash and an agreement on compensation is not reached, the decision shall be taken to: the higher management authority. The provisions relating to compensation in the second part of the Fifth Part and Article 121 shall apply accordingly. § 122 (3) The conditions of § § 40 and 41 (1) are to be granted only in accordance with these regulations. In the cases of § § 40 and 41, such impairments shall not be taken into consideration, which would not be compensated for the application of § 42. (4) Soil values are not to be compensated, insofar as they are based on the fact that

1.

the permitted use on the property does not comply with the general requirements for healthy living and working conditions or for the safety of people living or working on the property or in the surrounding area, or

2.

In an area of urban development maladministration within the meaning of section 136 (2) and (3), and the use of the land to these malfunctions substantially contributes to the use of the land.

(5) Following the existence of the conditions of compensation, any increase in value which has occurred after the person entitled to compensation has been able to make the application for the fixing of the compensation in money or an offer shall remain unaccounted for. of the person liable to pay compensation in cash at an appropriate level has been refused. If the person entitled to compensation has lodged the application for the acquisition of the land or the establishment of an appropriate right, the person liable for compensation shall then have an offer to take over the property or to justify the right to be paid. Appropriate conditions shall apply, § 95 para. 2 no. 3 shall apply accordingly. Unofficial table of contents

Section 44 Indemnity, maturity and erasures of the claims for compensation

(1) In order to compensate, the beneficiary shall be obliged if he/she agrees to the fixing in his favour. If a beneficiary is not determined or if his/her consent is not available, the municipality is obliged to pay compensation. If the beneficiary does not fulfil his obligation, the owner is also obliged to the congregation; the beneficiary has to provide the municipality replacement. (2) The establishment of the elimination or reduction of the effects of the congregation shall be subject to the If a property is used, the owner shall be obliged to pay compensation if he has agreed to the fixing. If the owner is obliged, under other statutory provisions, to eliminate or mitigate the effects of the use of his property, he shall also be obliged to pay compensation in so far as he is responsible for the use of his or her land. Fixing expenses saved. If the owner does not fulfil his obligations, the third sentence of paragraph 1 shall apply accordingly. The congregation is to listen to the owner before making any dismissal which can result in compensation in accordance with sentence 1 or 2. (3) The person entitled to compensation may demand compensation if the persons referred to in § § 39 to 42 Asset disadvantages have occurred. It may bring about the maturity of the claim by asking for the compensation to be paid in writing to the person liable for compensation. Compensation payments in cash are to be galvanissed annually with 2 of the hundred above the basic interest rate in accordance with § 247 of the Civil Code. If compensation is to be paid by the acquisition of the property, the interest in Section 99 (3) shall apply. (4) A claim for compensation shall expire if not within three years from the end of the calendar year in which the first sentence of paragraph 3 of this Article is not applicable (5) In the notice referred to in Article 10 (3), the provisions of the first and second sentences of paragraph 3 and of paragraph 4 of this Article shall be pointed out.

Fourth part
Soil Order

First section
Relaying

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Section 45 Purpose and scope

In order to develop or redesign areas, it is possible to restructure built-up and undeveloped land by relaying them in such a way that, in terms of location, shape and size, plots of land which are appropriately designed for the construction or other use are created. The transfer may be

1.

within the scope of a plan of development within the meaning of § 30 or

2.

within the context of § 34, if sufficient criteria for the reorganisation of the land are obtained from the specific nature of the surrounding area or a simple development plan within the meaning of section 30 (3),

are carried out. Unofficial table of contents

Section 46 Jurisdiction and requirements

(1) The transfer must be ordered and carried out by the municipality (transfer office) on its own responsibility if and when they are to be implemented in order to achieve a development plan or for reasons of an orderly development of urban development. (2) The national governments can determine by means of a decree law,

1.

by the municipality of relaying committees with independent decision-making powers, for the implementation of the transfer,

2.

in what way the relaying committees are to be assembled and the powers to be given,

3.

that the transfer committee may delegate the decision on operations in accordance with § 51 of the minor importance of a body which prepares its decisions,

4.

that, in order to take a decision on an appeal in the transfer procedure, the Relocation Committees are to be formed and how these committees are to be put together,

5.

that the National Certification Authority or any other appropriate authority is obliged to prepare, at the request of the municipality (transfer body), the decisions to be taken in the retransfer procedure.

(3) There is no claim to the arrangement and execution of a transfer. (4) The municipality may have its power to carry out the transfer to the land certification authority or any other appropriate authority for the municipal territory or parts of the Transfer of municipal territory. The details of the transfer, including the participation rights of the municipality, may be laid down in an agreement between it and the authority carrying out the transfer. The municipality may delegate the preparation of the decisions to be taken in the relaying procedure and the surveying and cadastral technical tasks required for the implementation of the transfer. (5) The The congregation may delegate to the relaying committee for individual cases or certain territories the power to exercise a right of sale to which it is entitled under the first sentence of section 24 (1), first sentence, and the municipality may revoke the transfer at any time. The right of the congregation to exercise a right of pre-emption for other purposes after the transfer shall remain unaffected. Claims of third parties shall not be justified by sentences 1 and 2. Unofficial table of contents

Section 47 Redecision decision

(1) The transfer shall be initiated after consultation of the owners by a decision of the transfer body. The transfer decision is to be referred to as the relaying area (§ 52). The plots situated in the relaying area must be listed individually. (2) If the transfer is to be initiated for the scope of a development plan, the resettlement procedure may also be initiated if the development plan does not yet exist. is set up. In this case, the development plan must have entered into force before the decision on the establishment of the conversion plan (section 66 (1)). Unofficial table of contents

Section 48 Participants

(1) The transfer procedure shall be subject to the following:

1.

the owners of the land plots located in the transfer area;

2.

the holders of a right registered in the land register or secured by registration in a property situated in the relaying area or on a right bearing the property,

3.

the holders of a right not registered in the land register on the property or on a right bearing the property, a claim with the right to satisfaction from the property or a personal right which is for the acquisition, possession or shall be entitled to use the land or shall be restricted to the use of the land;

4.

the municipality,

5.

under the conditions laid down in Article 55 (5), the needs and requirements of the

6.

the development agencies.

(2) The persons referred to in paragraph 1 (3) shall be parties at the time when the notification of their right of the transfer office is to be notified. The application may take place until the decision is taken on the change-over plan (§ 66 para. 1). (3) In case of doubt as to a registered right, the transfer office shall immediately set a time limit for the creditor of his/her right to the applicant. (4) The creditor, registered in the land register, of a mortgage, the basic guilt or the debt to which a letter is issued, and any of its creditors, The legal successor shall, at the request of the transfer body, make a statement as to whether another has acquired the mortgage, the basic debt or the pension debt or a right to it; the person of the acquirer shall designate him in the process. Section 208, sentences 2 to 4 shall apply accordingly. Unofficial table of contents

Section 49 Legal succession

If the person of a party changes during a transfer procedure, his successor in law shall enter into that procedure in the state in which it is located at the time of the transfer of the law. Unofficial table of contents

Section 50 Announcement of the transfer decision

(1) The transfer decision shall be made public in the municipality. (2) The notice of the transfer decision shall contain the invitation to, within one month, rights which are not apparent from the land register, but to the (3) If rights are notified only after the expiry of the period referred to in paragraph 2, or if it is made credible after the expiry of the time limit set in § 48 para. 3, then a To be entitled to the previous negotiations and to be subject to the provisions of this Regulation, if the (4) The holder of a right referred to in paragraph 2 shall be subject to the effect of a period of expiry of the period prior to the notification, as well as to the effect of the person concerned, to the person concerned, to the person concerned, to the person concerned, by means of a notice of the (5) The legal effects referred to in paragraphs 3 and 4 as well as § 51 shall be indicated in the notice. Unofficial table of contents

Section 51 Availability and amendment

(1) From the notice of the transfer decision to the notice in accordance with § 71, only with the written approval of the transfer office in the relaying area may be made in the transshipment area

1.

A plot of land is divided or dispositions of a property and rights in a property are concluded or agreements are concluded by which another is a right to acquire, to use or create a land or land a part of the piece of land is granted, or the building load is newly founded, changed or rescinded;

2.

significant changes in the surface of the earth, or any other changes in the properties of the land which are significantly increasing;

3.

non-approval, consent or notifiable, but value-enhancing structures are constructed or changes in the value of such installations are to be made more valuable;

4.

authored, approved, approved, or notifiable, construction installations.

An authorisation under sentence 1 shall only be required in the officially designated redevelopment area if and to the extent that an authorisation requirement in accordance with section 144 does not exist. (2) Projects which have been approved under construction law prior to the entry into force of the amendment. Projects which the municipality has become aware of in accordance with the rules of the right of construction and which should have been started before the entry into force of the amendment, as well as entertainment and the continuation of a shall not be affected by the restriction of change. (3) Authorisation may only be denied if there is reason to believe that the project would make it impossible or would make it much more difficult to carry out the transfer. Section 22 (5) sentences 2 to 5 shall apply accordingly. (4) The permit may be granted subject to conditions and except in the case of dispositions of land and rights of land, even under conditions or by time limits. If the authorisation is granted subject to conditions, conditions or deadlines, the Contracting Party concerned shall be entitled to withdraw from the contract by the end of one month after the decision has been indisputable. § § 346 to 349 and 351 of the Civil Code apply accordingly to the right of withdrawal. (5) On the basis of a regulation pursuant to § 46 para. 2 no. 3 of the body designated there, the Relocation Committee shall transfer decisions on operations in accordance with paragraph 1, this body shall be subject to its instructions; when appeals are made, the Relocation Committee shall take its place. The transfer committee may revoke the transfer at any time. Unofficial table of contents

Section 52 Relaying area

(1) The transfer area shall be limited in such a way as to enable the transfer to be carried out appropriately. It may consist of spatially separated areas. (2) Individual plots which make it difficult to carry out the transfer may be completely or partially exempted from the transfer. (3) Insignificant changes to the transfer area may be made up to the Decision on the establishment of the conversion plan (§ 66 (1)) from the transfer office after prior consultation of the owners of the land concerned, even without any local publicity notice. The amendment shall take effect with its notification to the owners of the land concerned. Unofficial table of contents

Section 53 Inventory card and inventory

(1) The transfer body shall produce a map and a list of the land of the transfer area (stock and inventory). The existing map shall comprise at least the location and form of the land of the relaying area and the buildings situated on them, and shall designate the owners. In the inventory list, at least for each plot of land

1.

the owners registered in the land register,

2.

the name, the size and the type of use of the land listed in the land register, the name of the land and the house number, as well as the name of the land and the house number, as well as the land number and the number

3.

the charges and restrictions entered in the land register in Division II.

(2) The stock card and the parts of the inventory referred to in the first and second sentence of paragraph 1 shall be interpreted publicly for the duration of one month in the municipality. The place and duration of the interpretation shall be made public at least one week before the interpretation. (3) If the transfer concerns only a few plots of land, the notice to the owners and the holders shall be sufficient instead of the local notice. (4) In the part of the inventory referred to in the third sentence of the third sentence of paragraph 1, the inspection shall be permitted to any person who is entitled to a right of access to the documents, or to the right of access to the documents, Present interest. Unofficial table of contents

§ 54 Notifications and transshipment notice

(1) The transfer office shall inform the Land Registry Office and the body responsible for the management of the property register (Section 47) of the transfer procedure and the subsequent changes to the relaying area (§ 52). The Land Registry has to enter into the basic books of the land to be converted, that the transfer procedure has been initiated (remark). (2) The Land Registry and the body responsible for the management of the property register shall have the To notify the transfer office of any entries made or made after the date of initiation of the transfer procedure in the land register of the land concerned and in the land register. Section 22 (6) must be applied accordingly. (3) If the order of the forced auction or the compulsory administration is entered in the land register, the transfer office shall inform the Enforcement Court of the transfer decision, as far as this is the property of the property. , which is the subject of the enforcement procedure. Unofficial table of contents

Section 55 Relaying mass and mass of distribution

(1) The land situated in the relaying area shall be combined in accordance with its surface to form a mass (conversion mass). (2) The land shall be separated from the surface of the transfer and the municipality or the other development institution shall be which are fixed in accordance with the development plan or which are required for the purposes of the orderly development of the urban development in order to achieve the permitted use in accordance with § 34 of

1.

local traffic areas for roads, paths including walking and living routes and for places as well as for collecting roads,

2.

Areas for parking spaces, green spaces, including children's playgrounds and facilities for protection against harmful environmental impacts within the meaning of the Federal Immission Control Act, insofar as they do not already form part of the transport facilities referred to in point 1 , as well as for rainfall and rain overflow basins, if the areas are to be used mainly for the needs of the inhabitants of the relaying area.

Areas to be left out in advance shall also include areas for compensation within the meaning of Section 1a (3) for the installations referred to in the first sentence. The green areas referred to in the first sentence of paragraph 2 may also include land-based areas for compensation within the meaning of Section 1a (3). (3) The allocation shall be the municipality or the other development bodies for areas which they have placed in the transfer mass. in accordance with paragraph 2. (4) The remaining mass shall be the mass of distribution. (5) Other land for which a use for public purposes is fixed in accordance with the development plan, may, including areas, for compensation within the meaning of Section 1a (3) and to be allocated to the needs or development institutions, if this a suitable substitute country, which may also be located outside the relaying area, into the distribution mass. The transfer body shall exercise this power if it is appropriate to carry out the development plan as soon as possible. Unofficial table of contents

§ 56 Distribution scale

(1) For the calculation of the shares in the mass of distribution to the landowners involved, either the ratio of the areas or the ratio of the values in which the previous land is used before the transfer is to be considered to each other. The scale must be determined in a uniform manner by the transfer body at the discretion of the person concerned, with a fair balance between the interests of the parties concerned, as appropriate. (2) If all the parties agree, the distribution mass can also be determined by are divided into a different scale. Unofficial table of contents

§ 57 Distribution by value

If the transfer point is based on the ratio of the values, the distribution mass shall be distributed in the ratio in which the owners to be taken into account are involved in the transfer. Each owner shall be assigned a plot of land at least with the value of the traffic which his former property also takes into account, taking into account the obligation to provide land for compensation within the meaning of Section 1a (3) at the time of the The decision to change had been made. For the plots to be allocated, the traffic value shall be determined in relation to the date of the transfer decision. In so doing, changes in value which are brought about by the transfer must be taken into account; if land is to be allocated to the land in relation to land pursuant to section 55 para. 2, changes in value shall not be taken into account. Differences between the traffic values determined in this way must be compensated for in money. Unofficial table of contents

Section 58 Distribution by area

(1) If the location of the transfer is based on the ratio of the areas, it shall deduct from the landed land, taking into account the area deduction in accordance with section 55 (2), a contribution to the area to such an extent that the benefits are balanced , in the cases of § 57, sentence 4, sentence 2, the advantages shall not be taken into account. The area contribution may be up to 30 per cent in areas for the first time, only up to 30 per cent in other areas, only up to 10 per cent of the area being thrown. Instead of an area contribution, the transfer office may, in whole or in part, make a corresponding monetary contribution. In so far as the conversion advantage exceeds the area contribution according to the first sentence, the advantage in money is to be compensated. (2) If the new property cannot be allocated in the same or equivalent position, then there are justified differences in area (3) The value of money contributions and compensation shall be determined at the time of the transfer decision. Unofficial table of contents

Section 59 Allocation and severance

(1) The distribution mass shall, as far as possible, be the property of the owners, where possible, land, including land for compensation within the meaning of Article 1a (3), in the same or equivalent situation as the land used and the land used for the purpose of the transfer. in accordance with the shares calculated in accordance with § § 57 and 58. (2) Insofar as it is not possible, taking into account the public law provisions, to actually allocate the shares calculated in accordance with § § 57 and 58, a Compensation in money instead. In the case of compensation, the provisions relating to compensation in the second part of the fifth part shall be applied accordingly, in so far as the allocation is less than the amount of the grant or more than that which is less than or equal to the amount of the sollance. The monetary compensation shall be based on the value of the transport value, based on the date on which the conversion plan is drawn up, to the extent that the allocation exceeds the solvency claim more than only insignificantly, thereby making it possible to use the planning legally permissible use (3) A request for an owner who has to give up a residential or commercial space in the residential area and does not receive a property in the rearrangement procedure is requested to be used as a settlement in the transfer procedure of one of the provisions of paragraph 4 (2) and (3) shall be complied with, provided that such rights are met in the (4) With the consent of the affected owners, they can be used as severance

1.

Money or

2.

Property outside the surrounding area, or

3.

the justification of co-ownership of a property, the granting of equal rights, rights under the Housing Act or other rights in rem within and outside the scope of the transfer

(5) If the transfer is carried out within the scope of a development plan, owners can be found in money or land located outside the territory of the surrounding area if they are not capable of being built in the area It is possible to obtain land or if this is otherwise necessary to achieve the objectives and purposes of the development plan; anyone who rejects the severance of land outside the area can be found with money. The provisions relating to compensation in the second part of the Fifth Part shall apply accordingly. (6) If the proprietor has a severance with the rights referred to in paragraph 4 (2) and (3), such a severance payment shall be applied to: A larger number of participants can be avoided in money and the severance in these legal forms is compatible with the building plan, the owner is to be found in money. The provisions on compensation in the second part of the fifth part must be applied accordingly. (7) The transfer body-the transfer committee at the request of the municipality-may apply to the allocation of land under the conditions laid down in the section. 176 a building offer, under the conditions of § 177, a modernization or repair offer and, under the conditions of § 178, order a planting offer. (8) If the transfer is carried out in the scope of a construction plan, are In the conversion plan, the buildings or other construction plants shall be designated, conflict with the development plan and prevent the implementation of the reorganization envisaged in the redeployment plan (section 66 (2)). The owners and other persons entitled to use shall condone the disposal of the buildings and other construction facilities referred to in the conversion plan if the municipality implements the removal plan for the implementation of the conversion plan. (9) The power to be granted The municipality, a building offer, a bid to modernize or repair, a plant offer or a rebuilding or unsealing offer in accordance with § § 176 to 179 shall remain unaffected. Unofficial table of contents

§ 60 Compensation and compensation for construction plants, plantations and other facilities

For construction plants, plantations and other facilities, only a monetary settlement shall be granted and, in the case of allocation, a compensation shall be set in cash, provided that the property is above the ground value because of these facilities. than the transport value. The provisions relating to compensation in the second part of the fifth part shall apply accordingly. Unofficial table of contents

Section 61 Repeal, amendment and justification of rights

(1) Property rights as well as other rights in a property situated in the relaying area or in a law which burdened the property, further claims with the right to satisfaction from the property or personal rights acquired for the acquisition, to the possession or use of a property situated in the transfer area or to restrict the pledge in the use of the property, can be repealed, changed or reestablished by the change-over plan. In accordance with the objectives of the development plan or for the implementation of a permitted use in accordance with § 34, land for access, communal court rooms, children's playgrounds may be used for the purpose and the economic exploitation of the land, Recreational facilities, pitches, garages, areas for compensation within the meaning of Section 1a (3) or other Community facilities shall be determined and their legal relationships regulated. Public-law obligations under national law relating to a deed, duing or ominy (building load) relating to the property may be repealed, amended or reestablished by agreement with the building approval authority. (2) Insofar as The cancellation, amendment or justification of rights or property costs or property benefits shall be compensated for in cash. In the event that property disadvantages arise, the provisions relating to compensation in the second part of the Fifth Part and on the compensation of hardship pursuant to § 181 shall apply accordingly. (3) The provisions of paragraphs 1 and 2 shall also apply to the provisions of Section 55 (3). 5 into the distribution mass. Unofficial table of contents

Section 62 Community property; special legal conditions

(1) If it serves the purpose of the transfer and the owners agree, communal property may be shared on land. (2) If an owner for several different legal relationships is subject to old land or old land. If a new property is allocated, fractions of the total compensation shall be determined in accordance with the different legal relationships, which shall be replaced by the individual land or authorizations. In these cases, a special plot of land may be allocated for each plot of land or authority in place of the fraction. (3) If communal property is shared (paragraph 1) or an owner for his property several new plots of land shall be allocated, so that the transfer point may distribute the basic rights of land and the real loads with which the ground pieces have been loaded, in accordance with the values determined in the relaying procedure, on the plots to be allocated. Unofficial table of contents

Section 63 Transition of legal relationships to severance

(1) The land allocated shall be replaced by the old land in respect of the rights of the old land and the legal relationships relating to those land, which are not to be abolished. The local public burdens, which rest on the old land, are transferred to the new land in their local location. (2) The owner, who is assigned a new plot of land, will be responsible for the old land for the old land. Compensation of value differences in cash compensation or in accordance with § 59, § 60 or § 61 a money settlement, so are the persons whose rights are affected by the transfer, in so far as the right to money of the owner is dependent. Unofficial table of contents

Section 64 cash benefits

(1) The congregation is creditor and debtor of the cash benefits fixed in the conversion plan. (2) cash benefits shall be due with the notice pursuant to § 71. The maturity of the compensation for added value (§ § 57 to 61) can be deferred for up to ten years; it may be provided that the payment of these compensation payments in whole or in part in recurring services is done. In the cases referred to in the second sentence, the compensation shall be due to maturity and, if the conversion plan is challenged, only because of the amount of a cash benefit, the amount of which shall be equal to the amount of the contested amount from the date of entry into force of the conversion plan. 2 (3) The obligations of the owner or the heir to cash benefits in accordance with § § 57 to 61 shall be deemed to be a contribution and shall be deemed to be a public service. Load on the property or the inheritance law. (4) Will be used to secure a loan, the

1.

the erection of new buildings, the rebuilding of destroyed buildings or the extension or extension of existing buildings, or

2.

The implementation of the necessary extraordinary repairs to buildings

in the case of the loaded property, an order for the right of property, a right of peace before the public burden referred to in paragraph 3, or a part of it, may be granted on request for the case of enforcement in the property if this does not endanger the security of the public burden and the interest and redemption rates for the basic right of property are equivalent to the usual annual benefits for the first-tier redemption mortgages. The authorization may be made subject to the fulfilment of conditions. (5) As far as the costs and cash benefits of the transfer are caused by a requirement or development institution, they shall be reimbursed by the municipality. (6) The Public burdens (paragraph 3) shall be included in the land register. Unofficial table of contents

Section 65 Deposit and distribution procedures

For the deposit of cash benefits and for the distribution procedure, the provisions of § § 118 and 119 shall apply accordingly. Unofficial table of contents

Section 66 lineup and content of the redeployment plan

(1) The conversion plan shall be drawn up by the transfer body after deliberation with the owners by decision. It may also be drawn up for parts of the relaying area (partial relegation plan). (2) The plan for relaying must show the new condition envisaged, with all the actual and legal changes to be made to the area of change in the area of the transfer. Find out plots of land. The transfer plan must be suitable for taking over into the property register according to form and content. (3) The change-over plan consists of the transfer map and the transfer list. Unofficial table of contents

Section 67 Map

The relaying map represents the future state of the relaying area. In particular, the new land borders and designations as well as the areas within the meaning of section 55 (2) shall be entered in the card. Unofficial table of contents

Section 68

(1) The list of transshipment lists shall be:

1.

the land, including those allocated outside the relaying area, by location, size and type of use, in the case of the old and the new stock, with the indication of its owners;

2.

the rights to a property or to a right under the property, further claims with the right to satisfaction from the property or personal rights which entitle or authorize the acquisition, possession or use of a land property or Restrict the use of the land to the extent that they are repealed, amended or reestablished;

3.

the ground cargo by rank and amount;

4.

cash benefits, their due date and payment type, and the value of the land in accordance with section 55 (2) in the case of an allocation subject to the obligation to grant access to that effect;

5.

those for whose benefit or to the detriment of cash benefits are fixed;

6.

the areas to be drawn up and the areas to be laid down within the meaning of section 55 (2) and the watercourses;

7.

the bids in accordance with section 59 (7) and

8.

the building loads in accordance with § 61 (1) sentence 3.

(2) The list of files may be set up separately for each plot. Unofficial table of contents

Section 69 Announcement of the conversion plan, inspection

(1) The transfer body shall make the decision on the establishment of the conversion plan (§ 66 para. 1) to be made known in the municipality in a customary manner. It should be pointed out in the notice that the change-over plan can be viewed at a point to be notified in accordance with paragraph 2 and is sent out in part in accordance with § 70 (1) sentence 1. (2) Everyone can see the change-over plan have been given a legitimate interest. Unofficial table of contents

Section 70 Delivery of the conversion plan

(1) The parties concerned shall be subject to an excerpt from the redeployment plan concerning their rights. It should be noted that the change-over plan may be viewed at a point to be notified in accordance with Article 69 (2). (2) If the transfer body considers that changes to the restructuring plan are necessary, the contract notice and the notification of the conversion plan may be required. (3) If the order of the forced auction or the compulsory administration is registered in the land register, the transfer agency shall give the enforcement court of the List of changes to the extent to which the property is subject to the property of the the law on enforcement, and the rights existing in it. Unofficial table of contents

Section 71 Entry into force of the conversion plan

(1) The transfer office shall have the usual knowledge of the date on which the redeployment plan has become unquestionable. It shall be equal to the occurrence of the unquestionability of the conversion plan if the conversion plan can be countervailed solely on account of the amount of a cash settlement. (2) Before the conversion plan is indisputable, the location of the transfer can be spatial and factual parts the conversion plan shall enter into force by means of a notice if the decision on appeals cannot have an effect on those parts of the redeployment plan. Persons who have lodged an appeal shall be informed of the entry into force. Unofficial table of contents

Section 72 Effects of the notice

(1) With the announcement according to § 71, the existing legal status shall be replaced by the new legal status provided for in the relaying plan. The notice includes the entry of the new owners into the possession of the allocated land. (2) The municipality has to execute the conversion plan as soon as its undisputable compliance with § 71 has been made known. It shall provide the parties with the new rights of possession and use, if necessary by means of the administrative forensics. Unofficial table of contents

Section 73 Amendment of the conversion plan

The transfer plan may also change the conversion plan after the entry into force of the undisputable situation where:

1.

the development plan is amended;

2.

a final decision by a court makes the amendment necessary; or

3.

the parties are in agreement with the amendment.

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Section 74 Correction of public books

(1) The transfer body shall send a certified copy of the notice in accordance with section 71 and a certified copy of the conversion plan to the Land Registry and to the body responsible for the management of the ship's property register, and request it to: to enter the legal changes in the land register and in the land register and to delete the transshipment note in the land register. This also applies to land allocated outside the scope of the transfer. (2) Until the rectification of the Liegenschaftskatasters, the transfer card and the transfer register serve as an official list of the land within the meaning of § 2 para. 2 of the General ledger order, if the body responsible for the management of the property register has attested to these documents that they are suitable for taking over into the property register according to form and content. This certificate is not required if the floor cleaning authority has manufactured the transfer card and the transfer register (Section 46 (2) (5) and (4)). Unofficial table of contents

Section 75 inspection of the transfer plan

Until such time as the basic book is corrected, the review plan shall be allowed to be included in the plan for redeployment, which shall constitute a legitimate interest. Unofficial table of contents

Section 76 anticipation of the decision

With the agreement of the relevant rightholders, the ownership and ownership of individual land as well as other rights can be regulated in accordance with § § 55 to 62 before the redeployment plan is established. § § 70 to 75 shall apply accordingly. Unofficial table of contents

Section 77 Premature possession

(1) Where the transfer is carried out within the scope of a development plan, the transfer body may, after the entry into force of the development plan, if the good of the general public requires it,

1.

before drawing up the conversion plan, assign the municipality or other needs or development bodies to the property of the land, which are set in the land plan as areas within the meaning of § 9 (1) (21) or 55 (2) and (5);

2.

after drawing up the transfer plan and transferring the boundaries of the new land to the locality, other parties involved in the transfer procedure shall also have the property or rights of use provided for them under the redeployment plan.

(2) The good of the general public may require, in particular, the early introduction into the possession

1.

in the cases referred to in paragraph 1 (1), in favour of the municipality or any other needs or development medium, where measures are in place to implement the plan and the land for the installations and installations provided for the development or supply of the area,

2.

in the cases referred to in paragraph 1 (2), in favour of any other transfer party, if there are urgent urban reasons for the acquisition of the property, and where those reasons are in the interests of the persons concerned in the further exercise of the property are much greater than that.

(3) § § 116 and 122 shall apply accordingly. Unofficial table of contents

Section 78 Procedure and property costs

The municipality shall bear the costs of the proceedings and the costs of the costs not covered by contributions pursuant to Section 64 (3). Unofficial table of contents

Section 79 Levies and outsourcing

(1) Transactions and negotiations designed to implement or prevent the transfer, including the correction of the public accounts, shall be free of charges and similar non-tax levies and expenses; this shall not apply to: Costs of a lawsuit. (2) Freedom of duty shall be recognised by the competent authority without verification, if the transfer office assures that a business or a negotiation of the implementation or Avoidance of relaying.

Second section
Simplified relaying

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Section 80 Purpose, scope, responsibilities

(1) The municipality may carry out a transfer within the meaning of section 45 as a simplified relaying if the conditions referred to in § 46 (1) are available and if only the transfer of the information is provided by the municipality of

1.

basic pieces or parts of land directly adjacent to each other or situated in close proximity to one another, or

2.

Land allocated unilaterally, in particular splinter land or parts of land

. The land or parts of the land which are to be replaced or to be divided on one side must not be able to be built on their own. A unilateral allocation must be in the public interest. (2) The provisions of the First Section shall apply only to the simplified relaying, to the extent that the provisions of this Section determine this. It is not necessary to arrange for simplified relaying by the municipality. (3) The simplified transfer must be carried out in such a way as to ensure that each owner, in accordance with the ratio of the value of his previous land to the value of the remaining land, shall be as large as possible a plot of land in the same or equivalent position is allocated. A reduction in value caused by the simplified relaying for the property owner may only be insignificant. With the consent of the owners, different regulations can be made by the sentences 1 and 2. (4) In accordance with § 61 (1) sentence 3, new order may be ordered within the framework of the simplified relaying procedure. and, to that end, they shall also be reestablished and repealed. Affected property rights may be rearranged if the parties agree to the envisaged new legal status. (5) The national governments may determine by means of legal regulations that the persons established in accordance with § 46 (2) No. 1 and 2 Relaying committees also carry out simplified procedures for relaying. The provisions of Section 46 (4) for the transfer of the transfer to the land certification authority or any other appropriate authority shall apply accordingly for simplified procedures for the transfer of the transfer. Unofficial table of contents

Section 81 cash benefits

(1) Benefits which are brought about by the simplified relaying are to be compensated by the owners in money. The provisions on compensation in the second part of the fifth part must be applied accordingly. (2) The creditor and the debtor of the cash benefits shall be the municipality. The parties may, with the agreement of the municipality, make other agreements. The cash benefits shall be due with the notice pursuant to § 83 (1). § 64 (3), (4) and (6) on the contribution and the public burden shall be applied accordingly if the municipality is the creditor of the cash benefits. (3) Authorised persons whose rights are adversely affected by the simplified relaying shall be subject to the Owner's statement of money depends on the owner. For the deposit of cash benefits and for the distribution procedure, the provisions of § § 118 and 119 shall apply accordingly. Unofficial table of contents

Section 82 Decision on simplified relaying

(1) The municipality shall, after discussion with the owners by decision, establish the new borders and the financial performance and, in so far as it is necessary, regulate the reorganisation and, to that end, the reorganization and cancellation of the Serviceability, property rights and building loads. Parties whose rights will be affected without the consent of the decision shall be given the opportunity to comment. The decision must be appropriate in the form and content of the decision to be taken over into the property register. (2) All parties concerned shall be subject to an extract from the decision concerning their rights. It should be pointed out that the decision can be taken at a position to be designated. Unofficial table of contents

Section 83 Announcement and legal effects of simplified relaying

(1) The municipality has the usual knowledge of the date on which the decision on simplified relaying has become unquestionable. Section 71 (2) on the early entry into force is to be applied accordingly. (2) The notice replaces the previous state of law with the new legal status provided for in the decision on simplified relaying. The notice shall include the designation of the new owners in the possession of the allocated land or parts of the land. Section 72 (2) on the enforcement of the law is to be applied accordingly. (3) The ownership of the exchanged or unilaterally allocated land of land and land is subject to the new owners free of charge; harmless products are not required. Where land parts or land are allocated to a plot of land, they shall form part of this land. The rights in rem in this property extend to the allocated land parts and land. The first sentence of the first sentence and the third sentence shall apply only to the extent that the provisions of Section 80 (4) do not result in a provision otherwise made. Unofficial table of contents

Section 84 Correction of public books

(1) The congregation shall send a certified copy of the decision on simplified conversion to the Land Registry and to the body responsible for the management of the Catasters ' Catasters, shall communicate the date of the notice pursuant to Article 83 (1) and Invites them to enter the legal changes in the land register and in the land register. Section 74 (2) shall apply accordingly. (2) In the case of the costs of the simplified transfer, § § 78 and 79 shall apply accordingly.

Fifth Part
Expropriation

First section
Admissibility of expropriation

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§ 85 Enpropriation purpose

(1) According to this code, only expropriation can be made in order to

1.

use or prepare a land plot in accordance with the provisions of the Bebauplan,

2.

unbuilt or slightly built land, which are not in the area of a construction plan but within the context of built-up districts, in particular for the closure of construction gaps, in accordance with the provisions of the building law, or to be used for building use,

3.

to procure land for compensation in land,

4.

to replace rights withdrawn by expropriation with new rights,

5.

to provide land for a building use if an owner does not fulfil the obligation pursuant to Section 176 (1) or (2),

6.

to obtain, within the scope of a conservation sentence, a building installation from the grounds referred to in § 172 (3) to (5); or

7.

in the scope of a statutes for the protection of implementing measures of the urban rebuilding, to obtain or remove a building plant from the grounds referred to in § 171d (3).

(2) remain untouched

1.

the rules on expropriation for purposes other than those referred to in paragraph 1,

2.

national legal provisions relating to the expropriation of the purposes referred to in paragraph 1 (6).

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Section 86 Subject matter of expropriation

(1) By expropriation

1.

the property of land shall be withdrawn or debited;

2.

Other rights to land are withdrawn or debited;

3.

shall be withdrawn from rights which entitle the acquisition, possession or use of land or which restrict the pledge in the use of land; such rights shall also include retransmission claims under the Assets Act;

4.

in so far as it is provided for in the provisions of this Part, legal relationships shall be established which grant the rights of the type referred to in point 3.

(2) The expropriation may only be extended to the accessories of a property and to objects which are only connected to the property for a temporary purpose or inserted into a building. (3) The expropriation shall be extended only in accordance with Section 92 (4). The deprivation or liability of the property of land shall be applied in accordance with the withdrawal, loading or justification of the rights referred to in paragraph 1 (2) to (4). Unofficial table of contents

Section 87 Conditions for the admissibility of the expropriation

(1) The expropriation is only admissible if the good of the general public requires it and the intended purpose of the expropriation cannot be achieved in other reasonable ways. (2) The expropriation presupposeth that the applicant seriously remembers the handing over of the land to be expropriated under appropriate conditions, subject to the conditions of § 100 (1) and (3) of the offer of suitable other country, in vain endeavor. The applicant has to make it credible that the property is used within a reasonable period of time for the intended purpose. (3) The expropriation of a land plot for the purpose of preparing it for the building use (§ 85 para. 1 no. 1) or it (§ 85 (1) (2)) may only be used for the benefit of the municipality or of a public-sector or public-use carrier. In the cases of Section 85 (1) no. 5, the expropriation of a property may be required in favour of a client who is in a position to carry out the building measures within a reasonable period of time, and is obliged to do so. In so far as the expropriation in favour of the congregation is permitted in the formally defined redevelopment area, it may also be carried out in favour of a reorganisation medium. (4) The admissibility of the expropriation shall be determined by the provisions of the sixth part of the second Chapter shall not be affected. Unofficial table of contents

Section 88 Enpropriation for compelling urban development reasons

If the expropriation of a property is requested by the municipality for the purposes indicated in § 85 (1) Nos. 1 and 2 for compelling urban reasons, it is sufficient, instead of Section 87 (2), to prove that the municipality is seriously concerned with the has tried to acquire this property in vain at reasonable conditions. Sentence 1 shall apply mutagenically if the expropriation of a land plot situated in the formally defined redevelopment area is requested in favour of the municipality or of a reorganisation medium. Unofficial table of contents

Section 89 Obligation

(1) The municipality has to sell land,

1.

that it has obtained through the exercise of the right of pre-emption; or

2.

which have been expropriated in their favour in order to prepare them for a building use or to supply them to the building's use.

This does not apply to land which is needed as an exchange for intended urban development measures, for compensation in land or for other public purposes. The obligation to divest the property is not required if the land corresponding to the property has been given or co-ownership has been transferred to a property or if property rights, rights under the property law or other related rights are transferred (2) The municipality is to sell a property as soon as the purpose pursued by the acquisition can be realised or is not necessary. (3) The municipality has the land under consideration continue to divl the population of people who commit themselves to Use the property within a reasonable period of time in accordance with the provisions of the building law or the objectives and purposes of the urban planning measure. In the cases referred to in the first sentence of paragraph 1, the former purchasers shall, in the cases referred to in the first sentence of paragraph 1, take account of the former owners as a matter of priority. (4) The municipality may comply with its obligation to divl the goods by:

1.

is transferring ownership of the property,

2.

Equal rights or rights under the Housing Act or

3.

other rights in rem

established or granted. The acquisition of a claim to the acquisition of such rights is the same as the acquisition or granting of such rights or the transfer of ownership. Unofficial table of contents

Section 90 Enpropriation of land for compensation in land

(1) The expropriation of land for compensation in land (surrogate country) shall be permitted if:

1.

the compensation of an owner in accordance with § 100 shall be fixed in the country,

2.

the provision of land suitable for use as a substitute country within the framework of the intended development of the urban development, neither from the property of the beneficiary or from the property of the federal government, the country, or a municipality (municipal association) or a legal person of private law, in which the federal government, the country or a municipality (municipal association), alone or jointly, is predominantly involved, is possible and reasonable, and

3.

Land suitable by the beneficiary of the expropriation subject to appropriate conditions, in particular, where possible and reasonable, by means of an offer suitable for the benefit of other countries from their own assets or from the acquis of legal persons of private law whose capital he is mainly involved in, cannot be acquired.

(2) Land shall not be subject to the expropriation of compensation in the country, if and to the extent that:

1.

the owner or, in the case of land-or forestry land, also the other person entitled to use the land to be expropriated with his professional or gainful activity and in the interest of preserving the land the profitability of its operation is not to be attributed to the levy, or

2.

the land or its income directly public or the welfare, education, research, health and health care, education, physical education or tasks of the churches and others Religious societies of public law as well as their facilities are intended to serve or serve.

(3) Outside the territorial scope of a development plan and outside the areas built up in the context, land for compensation in land can only be expropriated if it is to be used for agricultural or forestry use. (4) The expropriation for the purpose of compensation of an owner, whose property is expropriated for the procurement of substitute land, is inadmissible. Unofficial table of contents

Section 91 Replacement for withdrawn rights

The expropriation for the purpose of replacing rights withdrawn by expropriation with new rights shall be permitted only if the replacement is provided for in the provisions of the second section. The provisions of Section 90 (1) and (2) for the expropriation of the expropriation for compensation in the country shall apply mutagenically to the replacement of rights by new rights by means of expropriation pursuant to section 97 (2) sentence 3. Unofficial table of contents

§ 92 Scope, restriction and extension of the expropriation

(1) A plot of land may only be expropriated to the extent necessary to achieve the purpose of the expropriation. If a burden on the property is sufficient with a right to implement the expropriation purpose, the expropriation shall be limited to this. (2) If a property is to be burdened with an inheritance law, the owner can in place of the load require the deprivation of property. If a property is to be burdened with another right, the owner can demand the deprivation of the property if the burden with the right of rem for him is unequal. (3) Should a plot of land or a spatial or economic the owner can request the extension of the expropriation to the remaining property or the remaining property to the extent that the remaining property or the remaining property no longer has an appropriate degree of ownership (4) The owner may require that: the expropriation shall be extended to the articles referred to in Article 86 (2) if and to the extent that it is no longer able to use them economically or in any other way as a result of the expropriation. (5) A request under paragraphs 2 to 4 shall be in writing or in writing to the expropriation authority, until the end of the oral proceedings.

Second section
Compensation

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Section 93 Compensation principles

(1) Compensation is to be paid for the expropriation. (2) The compensation shall be granted

1.

in the case of the loss of rights resulting from the expropriation,

2.

for other assets which are subject to the expropriation of the property.

(3) Asset advantages resulting from the expropriation of the person entitled to compensation (Section 94) shall be taken into account in the determination of the compensation. If, in the course of the creation of an asset disadvantage, a fault of the person entitled to compensation has been involved, § 254 of the Civil Code applies accordingly. (4) For the assessment of the compensation, the condition of the land plot at the time authoritative, in which the expropriation authority decides on the application for expropriation. In the cases of early possession of the property, the condition shall be determined at the time when the condition becomes effective. Unofficial table of contents

Section 94 Compensation and indemnity

(1) Compensation may require who is adversely affected by expropriation in his/her right and thereby suffers an asset disadvantage. (2) For the benefit of the compensation, the beneficiary of the expropriation shall be obliged to pay. If a substitute country is expropriated, the compensation must be paid to the person who has to procure the land for the land to be expropriated. Unofficial table of contents

§ 95 Compensation for loss of rights

(1) The compensation for the loss of rights due to the expropriation is measured according to the traffic value (§ 194) of the property to be expropriated or other subject-matter of the expropriation. The traffic value shall be determined at the time when the expropriation authority decides on the de-propriation request. (2) The amount of the compensation shall not be taken into account in the determination of the compensation.

1.

the increase in the value of a land which has occurred in the prospect of a change in the permitted use, if the change is not to be expected in the foreseeable future;

2.

Changes in value which have occurred as a result of the impending expropriation;

3.

Value increases which occurred after the date in which the owner could have accepted an offer of purchase or exchange of the applicant with reasonable conditions (§ 87 (2) sentence 1 and § 88) in order to avoid the expropriation of the applicant, unless that the owner has invested capital or work for them;

4.

Changes in value which have been made during a change-over without the approval of the building approval authority;

5.

Changes in value which have been increased after the expropriation procedure has been initiated without the official arrangement or consent of the expropriation authority;

6.

agreements to the extent that they are conspicuously different from normal agreements and justify the assumption that they have been taken in order to obtain a higher compensation;

7.

Soil values that would not be taken into consideration if the owner were to claim compensation in the cases of § § 40 to 42.

(3) Compensation shall be granted only if it is necessary for reasons of equity for construction installations whose decommissioning may be required at any time under public law provisions without compensation. If the rebuilding cannot be demanded without compensation only after the expiry of a period, the compensation shall be calculated on the basis of the ratio of the remaining to the total period. (4) If the value of the property in the property is due to third parties In the event of a reduction in the amount of property which is maintained on the property, newly established or separately compensated for, this shall be taken into account in the determination of the compensation for loss of rights. Unofficial table of contents

§ 96 Compensation for other assets

(1) Compensation shall be granted only on account of other financial disadvantages resulting from the expropriation of assets, if and to the extent that such financial disadvantages are not taken into account in the assessment of the compensation for the loss of rights. The compensation shall be determined in a fair balance between the interests of the general public and the parties concerned, in particular for:

1.

the temporary or permanent loss suffered by the previous owner in his or her professional activity, his activity or in the performance of his/her duties, but only up to the amount of the effort required is to use another plot of land in the same way as the land to be expropriated;

2.

the impairment loss resulting from the expropriation of a land part or part of a spatially or economically related property in the other part or by expropriation of the right to a property on another property where the impairment loss is not already taken into account in the determination of the compensation referred to in point 1;

3.

the necessary expenses for a move which is required by the expropriation.

(2) In the case of paragraph 1 (2), section 95 (2) no. 3 shall apply. Unofficial table of contents

Section 97 Treatment of the rights of the eligible persons

(1) Rights in the property to be expropriated as well as personal rights which entitle or entitle the property to the property or to the use of the property may be maintained in so far as this is done with the property. (2) As a substitute for a right in a property which is not maintained, with the consent of the rightholder, the surrogate country or other land of the expropriation beneficiary may have the same right to load. As a substitute for a personal right which is not maintained, a legal relationship may be established with the consent of the rightholder, which is a right of the same kind in relation to the surrogate country or to another property of the Beneficiaries of expropriation. As a substitute for the personal or personal rights of a public transport undertaking or a public service provider with electricity, gas, heat or water, which is dependent on it for the purpose of carrying out its essential tasks, shall be justified on his request for rights of the same kind; in so far as the land of the recipient of the expropriation is not suitable for this purpose, other land shall be used for that purpose. Requests under sentence 3 must be made in writing or in writing of the expropriation authority before the beginning of the oral proceedings. (3) Insofar as rights are not maintained or are not replaced by new rights, the expropriation of a Separately indemniting the property

1.

Persons entitled to hereditary property rights, holders of the right to property, as well as holders of serviceability and labour rights in the property,

2.

holders of personal rights which entitle the holder to the possession or use of the land if the person entitled is in the possession of the land;

3.

Holders of personal rights which entitle or restrict the use of the land for the purpose of acquiring the land.

(4) Authorised persons whose rights are not upheld, shall not be replaced by new rights and shall not be compensated separately shall, in the event of the expropriation of a property, be entitled to compensation for the value of their right of property compensation for property on the property as far as its right extends to it. This shall apply in accordance with the claims for money which are fixed in other cases or in accordance with § 96 (1) sentence 2 no. 2 for the loss of rights due to the expropriation of the property. Unofficial table of contents

§ 98 Transfer of debt

(1) In the case of a mortgage which is maintained or replaced by a new right to another property, the person affected by the expropriation at the same time personally, the dispossessed beneficiary shall be liable for the amount of the mortgage. § § 415 and 416 of the Civil Code shall apply accordingly; as a transferor within the meaning of § 416 the person concerned shall be considered to be the person affected by the expropriation. (2) The same shall apply if, in the case of a basic debt or pension liability, which is maintained or by a shall be replaced by a new right to another property, which shall be personally liable to the person concerned by the expropriation, provided that he/she shall, at the latest in the date to be requested in accordance with section 108, claim the claim against him, indicating the amount and the amount of the property shall be notified and, at the request of the expropriation authority or of a person concerned, credible done. Unofficial table of contents

§ 99 Compensation in money

(1) The compensation shall be paid in a single amount, unless otherwise specified in this Code. At the request of the owner, the compensation can be fixed in recurring services, if this is to be attributed to the other parties involved. (2) For the burden on a property with an inheritance law, the compensation in a hereditary building is to be (3) One-off amounts of compensation shall be galvanissed with 2 of the hundred above the basic interest rate in accordance with Section 247 of the Civil Code annually from the date on which the expropriation authority decides on the expropriation request. In the case of early possession of the property, the date in which it becomes effective shall be the relevant date. Unofficial table of contents

§ 100 Compensation in Land

(1) The compensation shall be determined at the request of the owner in a suitable substitute country, if he is dependent on a substitute country to secure his or her professional activity, gainful employment or to fulfil the duties assigned to him in accordance with the requirements of this Regulation; and

1.

the beneficiary of the expropriation has any suitable land as a substitute country to which he is not dependent on his or her professional activity, his/her gainful activity or in the performance of his/her duties, or

2.

the beneficiary of the expropriation beneficiary may, at the discretion of the expropriation authority, be able to procure freely, under reasonable conditions, the expropriation authority; or

3.

the appropriate replacement country can be procured by expropriation in accordance with § 90.

(2) If the compensation is fixed in the country of replacement, the use of the substitute country and the period in which the land is to be used for the intended purpose shall also be designated. § § 102 and 103 shall apply accordingly. (3) Under the conditions set out in points 1 to 3 of paragraph 1, the compensation shall be fixed at the request of the owner in a suitable alternative country even if a plot of land is to be expropriated, which shall be: a home or a small settlement. This does not apply if the decommissioning of the building can be requested at any time under public law regulations. (4) The compensation may, at the request of the expropriate or the expropriation beneficiary, in whole or in part in the alternative country. where this kind of compensation is equitable at the discretion of the expropriation authority, with a fair balance between the interests of the general public and the parties concerned, and in the case of the beneficiary of the expropriation referred to in paragraph 1 (1) (1) (1) (1) (1) (1) (1) (1) (1 or (2). (5) To determine the value of the The replacement country shall be subject to § 95 accordingly. In this case, an increase in value may be taken into account which undergoes the rest of the property of the person affected by the expropriation through the acquisition of the substitute land beyond the value of the latter. If the substitute country has a lower value than the land to be expropriated, an additional damage to the money corresponding to the value difference shall be fixed. If the substitute country has a higher value than the land to be expropriated, it must be determined that the person entitled to compensation has to pay the compensation corresponding to the difference in value to the beneficiary by the expropriation. The compensation is due in accordance with § 117 (5) sentence 1 in the execution order. (6) If the compensation is fixed in the country, it is intended to have rights in rem or personal rights, insofar as they do not apply to the property to be expropriated. at the request of the rightholder, in whole or in part, in accordance with the provisions of Section 97 (2). To the extent that this is not possible or is not sufficient, the holders of the rights shall be compensated separately in money; this shall apply to the authorizations referred to in § 97 (4) only, insofar as their rights are not by one of the owners referred to in paragraph 5 (7) Applications referred to in paragraphs 1, 3, 4 and 6 shall be submitted in writing or to the minutes of the expropriation authority, in the cases referred to in paragraphs 1, 3 and 4 before the beginning and in the case of the Paragraph 6 to the end of the oral proceedings (§ 108). (8) Are co-ownership, equal rights or rights under the Housing Act, as well as to securing the professional or gainful employment of the person entitled to work or to fulfil the duties assigned to him in accordance with the provisions of this law, the owner may, in place of the replacement country, are offered. The owner is to be paid in cash if he rejects the compensation offered to him in accordance with the first sentence. § 101 shall remain unaffected. (9) If the owner, in accordance with paragraph 1 or 3, has a right to a surrogate country and, with the consent of the recipient of the expropriation outside the expropriation proceedings, he shall procure a substitute country or the rights referred to in paragraph 8 , he shall be entitled to a refund of the necessary expenses against the beneficiary of the expropriation. The beneficiary of expropriation shall be obliged to reimburse only insofar as he himself saves expenses. If an agreement is not reached on the refund, the expropriation authority shall decide; for the communication, § 122 shall apply accordingly. Unofficial table of contents

§ 101 Compensation by granting other rights

(1) The owner of a property to be expropriated may be fully or partially compensated for his application if this is cheap in consideration of the interests of the parties concerned.

1.

by order or transfer of co-ownership on a property, equal rights, rights under the housing property law, other rights in rem on the land to be expropriated or on another land of the property of the Beneficiaries of expropriation or

2.

by transfer of ownership of a property of the beneficiary or beneficiary; or

3.

by transferring ownership of a land belonging to the recipient of the expropriation, which is to be built with a home or a small settlement.

In the case of value differences between the rights under sentence 1 and the property to be expropriated, § 100 (5) shall apply. (2) The application referred to in paragraph 1 must be written or signed by the expropriation authority until the end of the oral proceedings. be made. Unofficial table of contents

Section 102 Reappropriation

(1) The expropriated former owner may require that the deappropriated property be re-appropriated in his favour (reappropriation) if and to the extent that:

1.

the beneficiary or his successor in the case of the expropriation of the property does not use the property within the stipulated time limits (Section 113 (2) (3) and (114)) for the purpose of the expropriation or has given up the expropriation purpose before the expiry of the period, or

2.

the municipality has not fulfilled its obligation to carry out the transfer in accordance with § 89.

(2) The re-appropriation cannot be required if:

1.

the property itself had acquired the property by way of expropriation in accordance with the provisions of this Code of Law or the Bauland procurement law, or

2.

a procedure for the expropriation of the land has been initiated in accordance with this Code for the benefit of another applicant and the former owner who has been expropriated does not make it credible that he/she shall have the property within a reasonable period of time to the shall be used.

(3) The application for reappropriation shall be submitted to the competent expropriation authority within two years from the date of the birth of the claim. Section 206 of the Civil Code shall apply accordingly. The application shall no longer be admissible if, in the cases referred to in paragraph 1, the appropriate use has commenced or the sale or issue of the land has been initiated in succession before the request has been received by the expropriation authority. (4) The expropriation authority may refuse the re-appropriation if the property has been significantly altered or has been granted wholly or mainly compensation in the country. (5) The former owner of a right, by expropriation under the regulations this code shall be repealed, subject to the conditions laid down in paragraph 1 require that an equal right be reestablished in its favour by expropriation on the land which has been burdened in the past. The provisions relating to the reappropriation apply accordingly. (6) For the procedure, § § 104 to 122 apply accordingly. Unofficial table of contents

Section 103 Compensation for reappropriation

If the application for reappropriation is granted, the applicant shall provide compensation for the loss of rights to the person concerned from the reappropriation of the property. Section 93 (2) no. 2 shall not apply. If, in the first expropriation, the applicant has been granted compensation for other financial disadvantages, he has to grant such compensation back to the extent that the disadvantages result from the reappropriation of the assets. The compensation to be granted to the owner shall not exceed the traffic value of the land used for the first expropriation, but shall take account of expenses which have led to an increase in the value of the land. In addition, the provisions on compensation in the second section shall apply accordingly.

Third Section
Expropriation procedure

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Section 104 Enpropriation Authority

(1) The expropriation shall be carried out by the higher administrative authority (expropriation authority). (2) The national governments may, by means of a decree law, determine that the decision of the expropriation authority is to have a part to participate in a voluntary contribution. Unofficial table of contents

Section 105 Enpropriation request

The request for expropriation is to be submitted to the municipality in which the land to be expropriated is located. The congregation shall submit it with its opinion within one month of the expropriation authority. Unofficial table of contents

Section 106 Participants

(1) In the expropriation procedure, participants are:

1.

the applicant,

2.

the owner and those for whom a right is entered in the land register or secured by registration in the land register, or in respect of which the property is subject to the property, or

3.

Holder of a right not registered in the land register on the property or on a right bearing the property, a claim with the right to satisfaction from the property or a personal right which is for the acquisition, possession or the the use of the property is authorized or limited to the use of the property,

4.

where a country of replacement is provided, the owner and the holders of the rights referred to in paragraphs 2 and 3 with respect to the country of replacement,

5.

the owners of the land which are affected by expropriation in accordance with Article 91; and

6.

the community.

2. The persons referred to in paragraph 1 (3) shall be involved at the time when the notification of their right of the expropriation authority is to be notified. The application may be made no later than the end of the oral proceedings with the parties concerned. (3) In case of doubt as to a registered right, the expropriation authority shall immediately set a time limit for the creditor's credibility. To put right. (4) The creditor, registered in the land register, of a mortgage, the basic guilt or the debt to which a letter is issued, and any of its creditors, The legal successor shall, at the request of the expropriation authority, make a statement as to whether another has acquired the mortgage, the basic debt or the pension debt or a right to it; he shall designate the person of an acquirer in the process. Section 208, sentences 2 to 4 shall apply accordingly. Unofficial table of contents

Section 107 Preparation of oral proceedings

(1) The expropriation procedure should be carried out in an accelerated way. Before the oral proceedings, the expropriation authority shall take all the necessary arrangements to ensure that the procedure is carried out in the course of a trial. It shall give the owner, the applicant and the authorities for whose business the expropriation is of importance the opportunity to submit comments. In determining the facts, the expropriation authority has to obtain an expert opinion from the Committee of Experts (§ 192) if property is to be withdrawn or an inheritance law is to be ordered. (2) The expropriation authority has to hear the agricultural authority, if agricultural land outside the territorial scope of a development plan is to be expropriated for compensation in the country. (3) Enpropriation proceedings may be linked. They are to be connected if the municipality requests it. Related expropriation procedures can be separated again. Unofficial table of contents

Section 108 Initiation of the expropriation proceedings and the appointment of the date for oral proceedings;

(1) The expropriation procedure shall be initiated by the appointment of an appointment at an oral hearing with the parties concerned. At the oral proceedings, the applicant, the owner of the land concerned, shall be invited to charge the other parties and the congregation, who are likely to be the owner of the land register. The load shall be delivered. The charge period shall be one month. (2) The expropriation procedure for the benefit of the municipality may already be initiated if:

1.

the draft plan of development pursuant to section 3 (2) has been excluded, and

2.

with the parties involved in the negotiations according to § 87 (2) and the suggestions they have made against the draft of the development plan in time have been discussed. The municipality may conduct the negotiations in accordance with section 87 (2) and discuss the suggestions at the same date.

The procedure shall be promoted in such a way as to enable the expropriation decision to be taken as soon as the development plan has become legally binding. An agreement according to § 110 or § 111 may also take place before the validity of the development plan. (3) The cargo must contain

1.

the name of the applicant and of the land concerned;

2.

the essential content of the request for expropriation, indicating that the application can be viewed by the expropriation authority with the documents attached to it,

3.

the request that any objections to the request for expropriation be submitted in writing or declared to the expropriation authority in writing, as far as possible before the oral proceedings, and

4.

an indication that it is also possible to decide on the application for expropriation and other applications to be made in the case of non-appearance.

(4) The summons of persons whose participation is based on a request for compensation in the country shall, in addition to the content prescribed in paragraph 3, also be called the name of the owner whose compensation is sought in land and the land, for (5) The initiation of the expropriation proceedings shall be made under the name of the property concerned and of the first date of the oral proceedings as the owner of the land register and the first date of the oral proceedings. To make negotiations with the parties aware of the situation in a local area. In the notice, all parties must be asked to exercise their rights at the latest at the hearing, with the indication that, even in the case of non-appearance of the expropriation request and other applications to be done in the proceedings, (6) The expropriation authority shall notify the Land Registry of the initiation of the expropriation procedure. It requests the Land Registry to enter in the land register of the land concerned that the expropriation proceedings have been initiated (expropriation note); if the expropriation procedure is terminated, the expropriation authority shall request the Land Registry, which shall: Deappropriation note to be deleted. The Land Registry Office shall notify the expropriation authority of any entries made and made in the land register of the land concerned after the date of the initiation of the expropriation procedure. (7) the order of forced auction or compulsory administration shall be entered, the expropriation authority shall inform the executing court of the initiation of the expropriation proceedings, in so far as it relates to the property, the subject matter of the the execution of the procedure. Unofficial table of contents

§ 109 Approval requirement

(1) The notification of the initiation of the expropriation procedure shall require the legal procedures, projects and divisions referred to in § 51 of the written consent of the expropriation authority. (2) The expropriation authority may only authorise the granting of the authorization. failure if there is reason to believe that the legal process, the project or the division would make the realization of the expropriation impossible or would make it much more difficult. (3) Are legal actions or projects referred to in paragraph 1 before the Notice to be expected, the expropriation authority may order that the The authorisation requirement referred to in paragraph 1 shall already occur at an earlier point in time. The arrangement is to be made known in a customary manner and to be notified to the Land Registry Office. (4) § 22 (5) sentences 2 to 5, § 51 (2) and § 116 (6) are to be applied accordingly. Unofficial table of contents

§ 110 Agreement

(1) The expropriation authority shall seek to reach an agreement between the parties concerned. (2) In the case of the parties concerned, the expropriation authority shall include a minutes of agreement on the agreement. The minutes must correspond to the requirements of section 113 (2). It must be signed by the parties concerned. An authorised representative of the owner shall require a publicly certified full power. (3) The agreement on the basis of the agreement shall be no longer subject to any countervailable expropriation decision. Section 113 (5) shall apply accordingly. Unofficial table of contents

Section 111 Part-agreement

Section 110 (2) and (3) shall apply mutas to some of the parties concerned only through the transition or the burden of ownership of the property to be expropriated, but not on the level of compensation. The expropriation authority shall arrange for the beneficiary to be paid an advance payment in the amount of the compensation to be expected, unless otherwise provided by the agreement. Incidentally, the expropriation procedure takes its course. Unofficial table of contents

Section 112 Decision of the expropriation authority

(1) In so far as an agreement is not reached, the expropriation authority decides, on the basis of the oral proceedings, by a decision on the application for expropriation, the other applications submitted and on the objections raised. (2) At the request of a In advance, the confiscation authority shall decide on the transfer or the burden of ownership of the property to be expropriated or on any other legal changes to be effected by the expropriation. In this case, the expropriation authority shall order that the person entitled to pay an advance payment shall be made in the amount of the compensation to be expected. (3) If the expropriation authority gives the expropriation request, it shall at the same time decide:

1.

the rights of the beneficiaries referred to in § 97 to be upheld in the object of expropriation,

2.

the rights of the subject-matter of the expropriation, the surrogate country or any other property,

3.

the legal conditions for granting the rights of the kind referred to in Article 86 (1) (3) and (4),

4.

in the case of compensation in the case of a substitute country, the transfer of ownership or the expropriation of the substitute country.

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Section 113 Enpropriation Decision

(1) The decision of the expropriation authority shall be notified to the parties concerned. The decision is to be provided with an instruction on the admissibility, form and time limit of the application for a court decision (§ 217). (2) If the expropriation authority gives the expropriation request, the decision (expropriation decision) must be called

1.

the persons affected by the expropriation and the recipient of the expropriation;

2.

the other parties concerned;

3.

the purpose of the expropriation and the time limit within which the property is to be used for the intended purpose;

4.

the object of the expropriation, and

a)

if the property in a property is the subject of the expropriation, the land plot by size, land-size, cataceous and otherwise common denomination; in the case of the expropriation of a part of the land, its name shall be: Refer to survey documents (cracks and maps) which are produced by a body authorized to carry out a performance survey or by a surveying engineer appointed to the public,

b)

if another right in a property is the subject of an independent expropriation, that right according to the content and the land-use designation,

c)

if a personal right which is entitled to acquire, possess or use land is the subject of an independent expropriation, and this right shall be subject to its content and to the The reason for its existence,

d)

the goods referred to in Article 86 (2), if the expropriation is extended to them;

5.

in the case of the loading of a property with a right of the kind, the content, insofar as it can be determined by contract, as well as the status of the right, the entitled person and the property;

6.

in the case of the establishment of a right of the type referred to in point 4 (c), the content of the legal relationship and the parties involved;

7.

the ownership and other legal relationships before and after the expropriation;

8.

the nature and amount of the compensation and the amount of the compensation pursuant to § 100 (5) sentence 4 and section 101 (1) sentence 2 with the indication by whom and to whom they are to be paid; claims for money from which others are affected by the expropriation in accordance with § § 100 (5) sentence 4. 97 (4) must be expelled separately from the other financial compensation;

9.

in the case of compensation in land, the land in the manner referred to in point 4 (a).

(3) In the cases of § § 111 and 112 (2) the expropriation decision shall be limited accordingly. (4) If a part of the land cannot yet be referred to in accordance with paragraph 2 (4) (a), the expropriation decision may result in a fixed part of the decision. Characteristics in nature or by reference to the registration in a site plan. If the result of the surveying is available, the expropriation decision must be adjusted by a supplementary decision. (5) If the order of the forced auction or the compulsory administration is entered in the land register, the expropriation authority shall give the order to the Enforcement court becomes aware of the expropriation decision if the expropriation request has been granted. Unofficial table of contents

Section 114 Run of the period of application

(1) The time limit within which the expropriation purpose is to be realized pursuant to Section 113 (2) No. 3 shall begin with the entry of the legal change. (2) The expropriation authority may extend this period before its expiry on request, if:

1.

the beneficiary of the expropriation proves that he cannot fulfil the expropriation purpose without fault within the time limit laid down; or

2.

an overall succession of rights occurs before the expiry of the period and the legal successor proves that he cannot fulfil the expropriation purpose within the time limit laid down.

The expropriated former owner is to be heard before the decision on the extension. Unofficial table of contents

Section 115 Procedure in the case of compensation by granting other rights

(1) The compensation of the owner of a land to be expropriated shall be determined in accordance with § 101 and the order, transfer or determination of the value of any of the rights referred to therein shall be determined at the time of the adoption of the If it is not yet possible, the expropriation authority may, if it requests the owner under the name of a right, give up in the expropriation decision, in addition to the determination of the compensation in money, to the expropriation beneficiary, within the right of the person concerned by the expropriation to have a right of the designated type (2) If, within the specified period, the recipient of the expropriation does not offer a right of the designated type or if he does not agree with the person concerned by the expropriation, such right shall, upon request, be granted to him in favour of the person affected by the expropriation by expropriation. The expropriation authority shall determine the content of the law to the extent that its content may be determined by agreement. The provisions of this Part relating to the procedure and the compensation shall be applied accordingly. (3) The application referred to in paragraph 2 may only be submitted within six months of the end of the specified period. Unofficial table of contents

Section 116 Pre-tenure of possession

(1) Where the immediate implementation of the proposed measure is urgently required on the grounds of the good of the general public, the expropriation authority may, on request by decision, hold the applicant in possession of the decision to be taken by the expropriation proceedings. Refer to the property. The possession of the property shall be admissible only if it has been negotiated at an oral hearing. The decision on the possession of the property shall be notified to the applicant, the owner and the immediate owner. The transfer of possessions shall take effect in the date referred to by the expropriation authority. At the request of the immediate owner, this date must be fixed to him at least two weeks after the date of delivery of the order. (2) The expropriation authority may request the advance possession of the service. of a security in the amount of the expected compensation and of the prior fulfilment of other conditions. At the request of the holder of a right entitled to the possession or use of the land, the transfer shall be subject to the performance of a security in the amount of the compensation likely to be granted. The order shall be sent to the applicant, the owner and the owner. (3) The owner of the property shall be removed from the possession and the owner of the property shall be removed. The person who has been registered may carry out the construction project he has described in the application for expropriation and take the necessary measures to do so. (4) The person who has been registered has to do so for the purpose of the pre-tenure of the property In so far as the disadvantages are not offset by the interest in the payment of money (Section 99 (3)), compensation is to be paid to the financial situation. The nature and amount of the compensation shall be determined by the expropriation authority at the latest in the decision referred to in Article 113. If the decision on the nature and amount of the compensation is issued in advance, it shall be notified to the persons referred to in the third sentence of paragraph 2. The compensation for the possession of the property shall be due at the date referred to in the fourth sentence of paragraph 1, regardless of whether an application is made for a court decision. (5) At the request of one of the persons referred to in the third sentence of paragraph 2, the to allow the expropriation authority to determine the condition of the land before the possession of the property in a minutes, insofar as it is relevant to the ownership or the expropriation compensation. A copy of the minutes is to be sent to the parties. (6) If the request for expropriation is dismissed, the early possession of the property must be lifted and the previous direct owner be relocated. The person who has been denied has to pay compensation for all the special disadvantages caused by the early possession of the property. The second sentence of paragraph 4 shall apply accordingly. Unofficial table of contents

Section 117 Execution of the expropriation decision

(1) If the decision of expropriation or the decisions pursuant to § 112 para. 2 are no longer countervailable, the expropriation authority shall, at the request of a participant, order the execution of the expropriation decision or the preliminary ruling. (execution order) if the beneficiary of the expropriation is the beneficiary of the payment, in the case of the preliminary ruling the advance payment fixed in accordance with section 112 (2) 2 sentence 2 is paid or in an admissible manner, without the right of withdrawal has been deposited. At the request of the person entitled to compensation, in the case of Section 112 (2), the expropriation authority may make the execution order subject to the fact that the beneficiary by the expropriation shall, moreover, provide for a reasonable amount of security. (2) In the cases referred to in Article 111 shall be issued at the request of a person concerned by the execution order where the amount of compensation paid by the expropriation shall be paid to the amount of the compensation undisputed between the parties, or in an admissible manner, waiving the amount of the compensation Right of withdrawal has been deposited. (3) In the case of Section 113 (4), the execution order shall be issued at the request of a person concerned, if the beneficiary, by the expropriation, has the benefit of the The decision of expropriation in connection with the supplementary decision has been paid or, in the absence of the right of withdrawal, has been duly paid. The supplementary decision shall not be unquestionable. (4) The execution order shall be notified to all parties whose legal status is affected by the expropriation decision. The execution order shall be notified to the congregation in writing in whose district the property affected by the expropriation is located. Section 113 (5) shall apply accordingly. (5) With the date to be determined in the execution order, the previous legal status shall be replaced by the new state of law regulated in the expropriation decision. At the same time, the legal relationships established pursuant to section 113 (2) no. 6 arise; they shall be deemed to have been agreed between the parties involved in the legal relationship. (6) The execution order shall include the instruction in the possession of the (7) The expropriation authority shall send a certified copy of the decision of the expropriation and of the execution order to the Land Registry Office and invite it to make changes to the law in the To enter the land register. Unofficial table of contents

Section 118 Deposit

(1) Geldentdamages, from which other beneficiaries are to be satisfied in accordance with Article 97 (4), must be filed under the waiver of the right of withdrawal, as far as several persons are entitled to it and an agreement on the payout is not is established. The deposit shall be deposited with the district court in whose district the property affected by the expropriation lies; § 2 of the Forced Distribution Act shall apply accordingly. (2) Other provisions according to which the deposit shall be offered or statthaft, shall not be affected by this. Unofficial table of contents

§ 119 Distribution procedure

(1) Upon the entry of the new state of law, any person concerned may exercise his right to the deposited sum against a co-participant who denies that right before the ordinary courts or the initiation of judicial proceedings. (2) The appellate court is responsible for the distribution procedure, in the district of which the property affected by the expropriation is situated; in cases of doubt, § 2 of the Forced Distribution Act applies. (3) Distribution procedures are the rules on the distribution of the proceeds in the case of Compulsory auction shall be subject to the following exceptions:

1.

The distribution procedure shall be opened by decision;

2.

the notification of the opening decision to the applicant shall be deemed to be a seizure within the meaning of § 13 of the Forced Auction Act; if the property is already confiscated in a compulsory auction or compulsory administrative procedure, it shall where they are to be used;

3.

At the opening of the proceedings, the Court of Appeal has to request, on its own account, the Land Registry in respect of the communications referred to in Article 19 (2) of the Forced Distribution Act; the certified copy of the basic book is currently the subject of the To include the decision to deliver the expropriation decision to the final entries and to include changes and deletions subsequently registered;

4.

In the case of the proceedings, the persons entitled to compensation referred to in Article 97 (4) shall be taken into account in accordance with § 10 of the Forced Enforcement Act, but only for the period up to the date of the period until the date of the Deposit.

(4) Where, under national law, the distribution of the proceeds in the event of a forced auction is not to be exercised by the enforcement court, but by another body, it may be determined by national law that such distribution other bodies shall also be responsible for the distribution procedure referred to in paragraphs 1 to 3. Where the amendment of a decision of that other body is required, the judgment of the Court of Enforcement shall be re-approved. The appeal shall take place against the decision of the Court of Enforcement. Unofficial table of contents

Section 120 Repeal of the decision to expropriate

(1) If the execution order has not yet been issued, the expropriation authority shall waive the expropriation decision on request if the beneficiary, by the expropriation, does not receive the payments imposed on it by the expropriation decision within of a month after the date in which the decision has become indisputable. Any party to whom an unpaid compensation is entitled or who is to be satisfied from it pursuant to § 97 (4) shall be entitled to apply. (2) Before the cancellation, the beneficiary must be heard by the expropriation. The repeal decision shall be notified to all interested parties and shall be notified in writing to the municipality and the Land Registry. Unofficial table of contents

Section 121 Costs

(1) The applicant shall bear the costs if the application for expropriation is rejected or withdrawn. If the application for expropriation is granted, the indemnity shall bear the costs. If a request for reappropriation is granted, the person concerned shall bear the costs of the reappropriation. If a request from any other party is rejected or withdrawn, the person concerned shall be required to pay the costs incurred by the treatment of his application if his application was manifestly unfounded. (2) Costs are the costs of the proceedings and the necessary expenses incurred by the parties for the purpose of legal proceedings or defence. The fees and expenses of a lawyer or other authorised representative shall be eligible for reimbursement if an authorised representative was required to be granted. Expenses for an authorized agent, for which fees and expenses are not provided for by law, can only be reimbursed up to the level of the statutory fees and expenses of legal councings. (3) expenses incurred by the fault of a person entitled to reimbursement has to be borne by the person concerned; the fault of a representative is to be attributed to the representative. (4) The costs of the proceedings shall be governed by the provisions of the national law. The expropriation authority shall determine the costs of the expropriation decision or by special decision. The decision shall also determine whether the award of a lawyer or other authorised representative was necessary. Unofficial table of contents

Section 122 enforceable title

(1) Forced enforcement in accordance with the rules of the Code of Civil Procedure on the Enforcement of Judgments in Civil Law Disputes takes place

1.

from the minutes of agreement on the performance of the services referred to in it;

2.

from an expropriation decision which is no longer countervailable, on account of the damage to the money to be paid or a compensation payment;

3.

from a decision on the early possession of the goods or their cancellation on the basis of the benefits laid down therein.

The enforcement of a compensation shall be permitted only if the execution order has become effective and unquestionable. (2) The enforceable copy shall be issued by the official of the office of the Local Court, in whose district the expropriation authority has its registered office and, if the proceedings are pending before a court, by the official of the office of that court. In the cases of § § 731, 767 to 770, 785 and 786 of the Code of Civil Procedure, the district court, in whose district the expropriation authority has its registered office, is replaced by the court of proceedings.

Sixth Part
Development

First section
General provisions

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§ 123 Erclosing Load

(1) The development is the task of the congregation, insofar as it is not incumbable according to other statutory provisions or public service obligations to another. (2) The development facilities shall be designed according to the requirements of the construction and (3) There is no legal entitlement to development. (4) The maintenance of the development facilities is based on the following: National legislation. Unofficial table of contents

§ 124 Obligation to comply with the contract offer rejected

If the municipality has issued a development plan within the meaning of Article 30 (1) and rejects the reasonable offer to conclude an urban development contract for development, it shall be obliged to carry out the development itself. Unofficial table of contents

§ 125 Binding to the Bebauplan

(1) The production of the development facilities within the meaning of section 127 (2) requires a development plan. (2) If a development plan is not available, these plants may only be manufactured if they comply with the requirements referred to in Article 1 (4) to (7). (3) The legality of the production of installations shall not be affected by derogations from the provisions of the development plan, if the derogations are compatible with the broad outlines of the planning and

1.

the containment facilities are lax behind the suspensions; or

2.

the rights of access are not more than burdened in the case of a padded production and the deviations do not significantly affect the use of the land concerned.

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§ 126 Duties of the owner

(1) The owner has the attachment of

1.

holding devices and lines for lighting fixtures of street lighting, including lighting fixtures and accessories, and

2.

Registration plates and information signs for the development of an installation

on his property. It shall be notified in advance. (2) The development institution shall remove any damage caused to the owner by the installation or removal of the objects referred to in paragraph 1; it may, instead, provide adequate compensation in respect of the property. Make money. If an agreement is not reached on the compensation, the higher administrative authority shall decide; the parties to the decision shall be heard before the decision. (3) The owner shall bear his property with the number fixed by the municipality. In addition, the provisions of national law shall apply.

Second section
Final contribution

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Section 127 Collection of the contribution to the final resolution

(1) The municipalities shall make a contribution to the recovery of their otherwise uncovered costs for the development of the closing equipment in accordance with the following provisions. (2) Containment systems as defined in this Section shall be:

1.

the public roads, roads and squares intended for cultivation;

2.

the public, for legal or actual reasons, with motor vehicles, non-road transport facilities within the construction areas (e.g. Footpaths, residential paths);

3.

Trunk roads within the construction areas; collecting roads are public roads, paths and places that are not intended for cultivation, but are necessary for the development of the construction areas;

4.

parking spaces and green spaces, except for children's playgrounds, where they are included in the transport facilities referred to in points 1 to 3 or in accordance with urban principles within the construction areas for their development;

5.

Installations for the protection of construction sites against harmful environmental impacts within the meaning of the Federal Immission Control Act, even if they are not part of the development facilities.

(3) The final contribution may be levied independently for the basic acquisition, the release and for parts of the development facilities (cost splitting). (4) The right to impose charges on installations which do not include the development of facilities within the meaning of this Section is, remains untouched. This applies in particular to systems for the discharge of waste water as well as to the supply of electricity, gas, heat and water. Unofficial table of contents

Section 128 Scope of the closing effort

(1) The cost of the development according to § 127 shall include the costs of:

1.

the acquisition and release of land for the development facilities;

2.

their initial production, including the facilities for their drainage and lighting;

3.

the take-over of plants as municipal development facilities.

The closing effort shall also include the value of the land provided by the municipality on its assets at the time of provision. In the case of an allocation pursuant to § 57 sentence 4 and § 58 (1) sentence 1, the costs for the acquisition of the land for closing installations shall also include the value in accordance with § 68 (1) (4). (2) As far as the municipalities are National law shall be entitled to raise contributions to the costs of extensions or improvements to the development facilities, this right shall remain unaffected. The countries may decide that the costs of lighting the development facilities shall not be included in the closing effort. (3) The cost of the closure shall not include the costs of the development of the installation.

1.

Bridges, tunnels and underpasses with the associated ramps;

2.

the trams of the local thoroughfares as well as of country roads I and II. Regulations, in so far as the roads of these roads do not require a greater width than their subsequent free stretches.

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Section 129 Contributable development effort

(1) In order to cover the otherwise uncovered development effort, contributions may only be levied to the extent that the development facilities are required in order to cover the construction sites and the areas to be used for commercial purposes in accordance with the construction law. To use rules (contributory development effort). In so far as installations pursuant to section 127 (2) are manufactured by the owner or are required by him on the basis of legal regulations, contributions may not be levied. The municipalities shall bear at least 10 of the hundred of the contributory expenses. (2) Costs which an owner or his/her right-of-law have already incurred in connection with the development of the development may be considered to be a public service. They shall not be re-collected. Unofficial table of contents

Section 130 Nature of the determination of the contributory expenditure

(1) The contributory expenditure can be determined on the basis of the actual costs incurred or the unit rates. The unit rates shall be fixed in accordance with the average cost of comparable facilities to be used in the municipality. (2) The contribution eligible for a contribution may be made for the individual closure system or for certain types of production. [0050] Sections of a closure system are determined. Sections of a final installation can be made according to local characteristics or from a legal point of view (e.g. B. Borders of land areas, relaying areas, formally defined redevelopment areas). For a number of installations, which form a unit for the development of the land, the total development effort can be determined. Unofficial table of contents

Section 131 Standards for the distribution of the development effort

(1) The determined contributory expenditure for a final installation shall be distributed among the plots of land which have been developed by the facility. In the case of joint effort determination in a development unit (§ 130 para. 2 sentence 3), the distribution of the costs of development must be taken into account only once. (2) Distribution measures are to be considered.

1.

the nature and extent of construction or other use;

2.

land areas;

3.

the land width at the containment system.

The distribution scales can be linked. (3) In areas which are opened after the Federal Building Act enters into force, if a different construction or other use is permitted, the standards referred to in paragraph 2 shall be: the way in which the diversity of such use is in accordance with the nature and extent of that use. Unofficial table of contents

Section 132 Regulation of the Statute

The municipalities regulate by statute

1.

the nature and extent of the containment installations within the meaning of Section 129,

2.

the nature of the determination and distribution of the effort and the level of the unit rate,

3.

the division of costs (section 127 (3)) and

4.

the characteristics of the final production of a final plant.

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Section 133 Subject to and origin of the obligation to provide contributions

(1) The obligation to pay contributions shall be subject to land for which a building or commercial use is fixed, as soon as it is allowed to be built or used commercially. Land which has not been fixed for construction or commercial use shall be subject to the obligation of contribution if, in accordance with the construction of the municipality, it is a building land and, following the orderly development of the municipality, it is necessary for the construction of a building are pending. The municipality announcises which land is subject to the obligation to pay pursuant to the second sentence; the notice does not have any legal effect. (2) The obligation to pay contributions shall be the result of the final production of the closing equipment, for subamounts, as soon as the measures which are to be covered by the partial amounts are completed. In the case of Section 128 (1), first sentence, No. 3, the obligation to pay contributions arises with the transfer by the municipality. (3) In the case of a property for which an obligation to pay contributions has not yet been or has not been fully developed, advance payments can be made to the Final contribution up to the amount of the final final final contribution, if a building project is approved on the property or when the production of the final installation has been started and the final final decision has been made. Production of the closing equipment is to be expected within four years. The advance payment is to be offset with the final contribution debt, even if the advance payment is not subject to contributor. If the obligation to pay contributions has not yet been made six years after the date of the adoption of the advance performance, the advance payment may be required if the closure system is not yet available until that date. The repayment claim is to be galvanissed annually from the collection of the advance payment at 2 of the hundred above the base interest rate in accordance with § 247 of the Civil Code. The congregation may make provisions for the replacement of the final contribution fee before the formation of the contribution obligation. Unofficial table of contents

Section 134 Contributors

(1) The person who is the owner of the property at the time of the announcement of the contribution rate shall be subject to the obligation to provide the contribution. If the property is burdened with an inheritance law, the heirloth is liable to the property of the owner in place of the owner. If the property is burdened with a right of use under Article 233 (4) of the Introductory Act to the Civil Code, the holder of this right shall be liable to the owner in place of the owner. Several contributors are liable to be the total debtor; in the case of residential and partial property, the individual property owners are only liable to their co-ownership share. (2) The contribution rests as a public burden on the Land, in the case of paragraph 1, second sentence, on the right of inheritance, in the case of the third sentence of paragraph 1, on the right of use, in the case of the fourth sentence of paragraph 1, on the residential or the part-property. Unofficial table of contents

§ 135 Due date and payment of the contribution

(1) The contribution shall be due one month after the publication of the contribution rate. (2) The municipality may, in order to avoid unreasonable hardship in individual cases, in particular as far as this is necessary for the implementation of an approved construction project, permit, the contribution shall be paid in installment or in the form of a pension. If the financing of a construction project is secured, the payment method shall be adapted to the payment of the financing, but shall not be extended for more than two years. (3) The municipality referred to in paragraph 2 shall be subject to a retirement, the To convert the contribution of the final decision into a debt which is to be paid in a maximum of ten years ' benefits. The decision shall determine the amount and timing of the maturity of the annual services. The remaining balance shall be galvaniced up to a maximum of 2 per cent above the basic interest rate in accordance with Section 247 of the Civil Code. The annual benefits shall be equal to recurring services within the meaning of Section 10 (1) (3) of the Forced Insurance Act. (4) If land is used as an agricultural land or as a forest, the contribution shall be without interest for as long as the plot of land is used. must be used to maintain the economic viability of the agricultural holding. The first sentence shall also apply to the cases of the transfer of use and the transfer of works to members of the family within the meaning of § 15 of the German Tax Code. The contribution is also interest-free to hours, as long as plots are used as small gardens within the meaning of the Federal Small Gardening Act. (5) In individual cases, the municipality may also completely or partially depart from the collection of the final contribution, if this in the public interest or in order to avoid unreasonable hardship. The exemption may also be provided for in the event that the obligation to pay contributions has not yet been made. (6) Further national legal fairness regulations remain unaffected.

Seventh Part
Measures for nature conservation

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Section 135a Obligations of the subcarrier; implementation by the municipality; reimbursement of expenses

(1) Fixed measures for compensation within the meaning of Section 1a (3) shall be carried out by the subcarrier. (2) To the extent that measures to compensate elsewhere are assigned to the land in accordance with § 9 para. 1a, the municipality shall take this in place and on the costs of the subsisters or the owners of the land, as well as providing the necessary land, provided that this is not otherwise secured. The compensation measures can already be carried out before the building measures and the assignment. (3) The costs can be claimed as soon as the properties on which interventions are to be expected are used constructively or commercially. may. The municipality shall collect a reimbursement amount to cover its cost of compensation, including the provision of land required for this purpose. The obligation to pay is due to the production of the measures to compensate for the municipality. The amount rests as a public burden on the property. (4) The national provisions on municipal contributions, including the equity rules, are to be applied accordingly. Unofficial table of contents

§ 135b Distribution scales for invoicing

To the extent that the municipality implements measures to compensate pursuant to section 135a (2), the costs shall be distributed on the associated land. Distribution scales are

1.

the superstructure of the land,

2.

the permissible base area,

3.

the expected sealing or

4.

the seriousness of the interventions to be expected.

The distribution scales can be connected to each other. Unofficial table of contents

§ 135c Statutes

The congregation can regulate by statute

1.

principles for the implementation of measures to compensate in accordance with the provisions of a development plan;

2.

the amount of the reimbursement according to § 135a; where § 128 (1), first sentence, no. 1 and 2 and second sentence 2 shall be applied accordingly,

3.

the nature of the cost determination and the level of the unit rate in accordance with § 130,

4.

the distribution of the costs according to § 135b, including a lump-sum of the seriousness of the interventions to be expected according to the type of biotope and use,

5.

the conditions for the requirement for advance payments,

6.

the due date of the reimbursement of expenses.

Second chapter
Special urban development law

Part one
Urban rehabilitation measures

First section
General provisions

Unofficial table of contents

Section 136 Urban rehabilitation measures

(1) Urban rehabilitation measures in the city and country, the uniform preparation and rapid implementation of which are in the public interest, shall be prepared and implemented in accordance with the provisions of this Part. (2) Urban development Remedial measures are measures that significantly improve or reshape an area to address urban maladministration. Urban development malfunctions are available if:

1.

the territory, in accordance with its existing building or in accordance with its other nature, meets the general requirements for healthy living and working conditions or the safety of the persons living or working in it, taking into account does not meet climate protection and climate adaptation needs, or

2.

the territory is significantly affected in the performance of the tasks which it is capable of carrying out according to its position and function.

(3) In order to assess whether urban or rural areas are subject to urban maladministration, account should be taken, in particular, of:

1.

the living and working conditions or the safety of the people living and working in the area in relation to:

a)

the exposure, improvement and ventilation of the homes and workplaces;

b)

the structural nature of buildings, homes and workplaces;

c)

the accessibility of the land,

d)

the effects of an existing mix of living and working places,

e)

the use of built-in and undeveloped areas by type, measure and condition,

f)

the effects of land, holdings, facilities or transport facilities, in particular noise, contamination and vibration;

g)

the existing development,

h)

the energetic nature, the energy performance of the existing building and the supply facilities of the area, taking into account the general requirements for climate protection and adaptation;

2.

the operational capability of the area in relation to

a)

the flowing and dormant traffic,

b)

the economic situation and the development capacity of the area, taking into account its supply function in the area of interdependence,

c)

the infrastructural development of the area, its facilities with green spaces, play and sports fields, and public service facilities, in particular taking into account the social and cultural tasks of this area in the area of interdependence.

(4) Urban development measures shall be used for the benefit of the general public. They should contribute to the

1.

the structural structure is developed in all parts of the federal territory in accordance with the general requirements for climate protection and climate adaptation as well as in terms of social, hygienic, economic and cultural requirements,

2.

the improvement of the economic and agricultural structure is supported,

3.

the settlement structure meets the requirements of environmental protection, the requirements for healthy living and working conditions of the population, and population development, or

4.

the existing localities are preserved, renewed and developed, the design of the location and landscape image is improved and the requirements of the monument protection are taken into account.

The public and private interests must be balanced against each other and with each other. Unofficial table of contents

Section 137 Participation and participation of the persons concerned

The refurbishment is to be discussed with the owners, tenants, guardians and other interested parties as early as possible. The parties concerned should be encouraged to participate in the rehabilitation and implementation of the necessary structural measures, and should be consulted as far as possible. Unofficial table of contents

§ 138 Information to be provided

(1) Owners, tenants, tenants and other persons entitled to the possession or use of a property, building or part of the building, and their agents, shall be obliged to provide information to the municipality or its authorised representative on the facts, the knowledge of which is necessary to assess the need for remediation of an area, or to prepare or carry out the rehabilitation. Personal data may, in particular, provide information to those concerned about their personal circumstances in the economic and social fields, including the employment, acquisition and family relationships, the age of life, and the needs of their homes, (2) The personal data collected in accordance with paragraph 1 may only be used for the purposes of the reorganisation. If the data were collected by a representative of the municipality, they may only be passed on to the congregation; the congregation may pass on the data to other agents within the meaning of section 157 as well as to the higher administrative authority, as far as this is concerned. for the purposes of remediation. The data shall be deleted after the formal establishment of the redevelopment area has been lifted. In so far as the data collected are necessary for taxation, they may be passed on to the financial authorities. (3) The data officers who are responsible for collecting the data shall be obliged to take up their duties in accordance with paragraph 2. Your duties shall continue after the termination of your duties. (4) If a person who is required to provide information in accordance with paragraph 1 of this article is required to provide information, § 208, sentences 2 to 4, shall be applied in accordance with the threat and the fixing of a penalty. The party responsible for providing the information may refuse to provide information on such questions, the answers to which he or she himself or one of the members of the risk of criminal prosecution or proceedings referred to in § 383 (1) to (3) of the Code of Civil Procedure in accordance with the law on administrative offences. Unofficial table of contents

Section 139 Participation and participation of public authorities

(1) The Federal Government, including its special assets, the Länder, the municipal associations and the other bodies, institutions and foundations of public law, shall, within the framework of the tasks assigned to them, prepare and implement (2) § 4 (2) and § 4a (1) to (4) and (6) are to be applied in the preparation and implementation of the refurbishment to public authorities and other bodies of public interest. The public authorities must also inform the municipality of any changes to their intentions. (3) Is a change in the objectives and purposes of the reorganization or of measures and plans of the institutions of public interest which are connected to each other. , the parties concerned shall immediately consult with each other.

Second section
Preparation and implementation

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§ 140 Preparation

The preparation of the renovation is the task of the municipality; it includes

1.

the preparatory studies;

2.

the formal definition of the sanctioning area,

3.

the determination of the objectives and purposes of the rehabilitation,

4.

urban planning, including land-use planning or framework planning, to the extent that it is necessary for the rehabilitation,

5.

the discussion of the proposed renovation,

6.

the drawing up and updating of the social plan;

7.

individual order and construction measures, which are carried out before a formal definition of the redevelopment area is carried out.

Unofficial table of contents

Section 141 preparatory studies

(1) The municipality must carry out or arrange for the preparatory studies to be carried out before the formal establishment of the sanctioning area, in order to obtain assessment documents on the need for rehabilitation, the social situation, structural and urban development relationships and contexts, as well as the general objectives to be pursued and the feasibility of the rehabilitation in general. Preparatory studies shall also cover adverse effects on the personal circumstances of the remediation of persons directly affected by the intended remediation in the economic or social field. (3) The municipality shall initiate the preparation of the refurbishment by the decision on the commencement of the operation of the preparatory studies. The decision shall be made known in a local manner. The obligation to provide information in accordance with § 138 should be pointed out. (4) With the usual publication of the decision on the start of the preparatory inquiries, § § 137, 138 and 139 of the decision on the participation and participation of the persons concerned shall be taken into account. The obligation to provide information and the participation and participation of public authorities shall apply; from this point on, § 15 shall apply accordingly to the implementation of a project within the meaning of section 29 (1) and to the disposal of a building plant. The formal establishment of the sanctioning area shall render ineffective a communication on the deferment of the request for construction and a decision on the deferment of the disposal of a building plant in accordance with the second sentence of the second sentence. Unofficial table of contents

Section 142 Sanierungssatzung

(1) The municipality may formally designate an area in which an urban development measure is to be carried out as a sanctioning area (formally established redevelopment area). The redevelopment area shall be limited in such a way as to allow the rehabilitation to be carried out appropriately. Individual plots not affected by the refurbishment may be excluded from the territory in whole or in part. (2) The objectives and purposes of the reorganization shall be that areas outside the formally defined redevelopment area shall be

1.

in the case of replacement or replacement installations for the spatially contiguous accommodation of residents or establishments from the officially designated redevelopment area, or

2.

for the public service or follow-up facilities required by the rehabilitation

, the municipality may formally establish appropriate areas for this purpose (spare and complementary areas). For the formal definition and the effects resulting from it, the rules applicable to formally defined redevelopment areas shall be applied. (3) The municipality shall decide to formally establish the sanctioning area as a statute. (refurbishment). The remediation area is to be designated in the remediation subdivision. At the same time, the decision on remediation is to be decided by a decision setting the deadline for the restoration to be carried out; the deadline shall not exceed 15 years. If the renovation cannot be carried out within the time limit, the period may be extended by decision. (4) The application of the provisions of the third section shall be excluded in the reorganization sentence if it is responsible for the implementation of the Renovation is not necessary and the implementation is not likely to be made more difficult by this (simplified refurbishment procedure); in this case, the obligation to approve pursuant to § 144, as a whole, in accordance with § 144 (1) of the German law or § 144 (2). Unofficial table of contents

Section 143 Notice of remediation, remediation note

(1) The congregation has to make the remediation statuary known locally. It may also make it known in the usual manner that a remediation replacement has been decided; § 10 (3) sentence 2 to 5 shall be applied accordingly. In the notice referred to in sentences 1 and 2, the provisions of the third section shall be mentioned, except in the case of the simplified reorganisation procedure. The notice becomes legally binding. (2) The congregation informs the Land Registry of the legally binding sentence of remediation and in doing so has to list the plots of land affected by the remediation substitutes individually. The land registry has to register in the basic books of these plots, that a refurbishment is carried out (remediation note). Section 54 (2) and (3) shall apply accordingly. The sentences 1 to 3 shall not apply if the obligation to permit approval pursuant to Section 144 (2) is excluded in the remediation substitutes. Unofficial table of contents

Section 144 Authorisations subject to authorisation and legal operations

(1) The written permission of the municipality must be approved in the officially designated redevelopment area.

1.

the projects and other measures referred to in Article 14 (1);

2.

Agreements which provide for a contractual relationship between the school and the use of, or use of, a land, building or part of the building for a period of more than one year or longer.

(2) The written permission of the municipality must be approved in the officially designated redevelopment area.

1.

the commercial sale of a property and the ordering and sale of an inheritance law;

2.

the appointment of a law which is subject to the law; this does not apply to the appointment of a right which is related to the execution of construction measures within the meaning of section 148 (2);

3.

a contractual agreement which establishes an obligation to one of the legal transactions referred to in paragraph 1 or 2; if the contract has been approved in accordance with the provisions of this Treaty, it shall also apply to the contract Legal business approved;

4.

the justification, modification or cancellation of a building load;

5.

the division of a land.

(3) The municipality may, for certain cases, grant authorisation to the officially designated redevelopment area or parts thereof in general; it shall make this known in a local manner. (4) No need for authorisation

1.

Projects and legal proceedings if the municipality or the restructuring institution is involved in the trusteeship capacity as a part of the contract or the owner;

2.

the legal procedures referred to in paragraph 2 (1) to (3) for the purpose of anticipating the succession;

3.

Projects referred to in paragraph 1 (1) which have been approved prior to the formal establishment of the sanctioning area, projects referred to in paragraph 1 (1), of which the municipality has become aware in accordance with the rules of the right of construction and the execution of which is carried out should have been started before the entry into force of the amendment, as well as entertainment and the continuation of a hitherto exercised use;

4.

the legal procedures referred to in paragraph 1 (2) and (2) shall serve the purposes of national defence;

5.

the acquisition by the demand carrier of a property incorporated in a procedure within the meaning of section 38.

Unofficial table of contents

Section 145 Approval

(1) The authorisation shall be granted by the municipality; § 22 (5) sentence 2 to 5 shall be applied accordingly. If a building-law approval or in its place a building-law consent is required, the approval by the building approval authority shall be granted in agreement with the municipality. In the case of the second sentence, the approval must be decided within two months from the date of receipt of the application by the building approval authority; section 22 (5), third sentence, up to 6 shall be applied in accordance with the condition that the approval period shall not exceed may be extended by two months. (2) The authorisation may only be denied if there is reason to believe that the project, the legal process, including the division of a land or the use which it can make of it, will be the subject of the The implementation of the refurbishment is impossible or much more difficult or the aims and purposes of the (3) The authorisation must be granted if the essential gravity is removed by the fact that the parties involved in the case of the implementation of the remediation for themselves and their legal successor

1.

in the cases referred to in § 144 (1) (1), to compensate for the increase in value brought about by the project and for changes in value which are made on the basis of the use of the project;

2.

in the cases of § 144 (1) (2) or (2) (2) or (3), waive compensation for the annulment of the law as well as any alterations to the value which are made on the basis of these rights.

(4) The authorisation may also be granted on a temporary or limited basis in the cases referred to in § 144 (1). Section 51 (4) sentences 2 and 3 shall apply accordingly. The authorisation may also be subject to the conclusion of an urban planning contract if the grounds for failure referred to in paragraph 2 are removed. (5) If the authorisation fails, the owner of the congregation may be able to take over the of the land, if and in so far as it is economically no longer in economic terms, with regard to the implementation of the rehabilitation, to retain the land or to use it in the previous or another permissible manner. Where the areas of agricultural or forestry operations are situated both within and outside the officially defined redevelopment area, the owner of the municipality may require the municipality to take over all the land of the holding if the Fulfilment of the transfer request for the municipality does not mean an unreasonable burden; the municipality cannot rely on an unreasonable burden, in so far as the land situated outside the formally established remediation area no longer can be used on an appropriate scale in terms of construction or economic use . If an agreement is not reached on the acquisition, the owner may request the removal of the property on the property. The provisions of Part Five of the First Chapter shall apply mutas to the deprivation of property. § 43 (1), (4) and (5) and § 44 (3) and (4) shall apply accordingly. (6) Section 22 (6) shall apply accordingly. Where a permit is generally granted or is not required, the municipality shall issue a certificate at the request of a person concerned. Unofficial table of contents

Section 146 Implementation

(1) The implementation shall include the measures of order and the building measures within the formally defined redevelopment area, which are necessary for the purposes and purposes of the rehabilitation. (2) On land which is referred to in Article 26 (2) In the context of urban planning renovation measures, individual order and construction measures may only be carried out with the agreement of the demand carrier on the land designated in § 26 no. 3. The demand carrier is to give its consent if, taking into account its tasks, there is an overriding public interest in the implementation of the remediation measures. (3) The municipality can implement the administrative measures and the establishment or modification of common needs and follow-up facilities within the meaning of Article 148 (2), first sentence, no. 3, wholly or in part, on the basis of a contract. If the expeditious and expedient implementation of the measures taken over by the contract in accordance with the first sentence is not guaranteed by individual owners, the municipality shall ensure that the measures are carried out or that the municipality itself is responsible for the implementation of the measures. Unofficial table of contents

Section 147 Administrative measures

The conduct of the administrative measures shall be the task of the municipality;

1.

the land order, including the acquisition of land,

2.

the relocation of residents and businesses,

3.

the release of land,

4.

the production and modification of installations and

5.

other measures which are necessary to enable the construction work to be carried out.

As a disciplinary measure, the provision of land and the implementation of measures to compensate for the purposes of Section 1a (3) shall also apply, insofar as they, in accordance with § 9 (1a), elsewhere, the properties on which interventions in nature and the countryside are to be applied. are expected to be wholly or partially allocated. Rehabilitation facilities, including replacement facilities, caused by the remediation may be outside the officially designated sanctioning area. Unofficial table of contents

Section 148 Building measures

(1) The implementation of building measures shall be left to the owners, in so far as the expeditious and appropriate implementation is ensured by them; however, the municipality shall be responsible for the implementation of the measures.

1.

to ensure the establishment and modification of Community and follow-up facilities, and

2.

the implementation of other construction measures, insofar as they are themselves owners or are not guaranteed, that they are carried out expeditiously and appropriately by the individual owner.

Replacement buildings, replacement facilities and refurbishment-related municipal and secondary facilities may be located outside the officially designated sanctioning area. (2) The construction measures include:

1.

the modernisation and repair,

2.

the rebuilding and the replacement buildings,

3.

the establishment and modification of common needs and follow-up facilities;

4.

the relocation or modification of holdings, and

5.

the establishment or extension of facilities and facilities for the decentralised and centralised production, distribution, use or storage of electricity, heat or cold from renewable energy sources or combined heat and power.

Measures to compensate in the sense of Section 1a (3) shall also be considered as construction measures, insofar as they are carried out on the land on which interventions in nature and landscape are to be expected. Unofficial table of contents

Section 149 Cost and financing overview

(1) The municipality shall draw up a cost and financial overview according to the state of the planning. The overview is to be co-ordinated with the cost and financial statements of other public concerns whose responsibilities will be affected by the refurbishment and to present the higher administrative authority. (2) The cost overview has been To present the municipality the costs of the overall measure that it is likely to develop. The costs of other institutions of public interest for measures related to rehabilitation should be reported in the news. (3) In the financing overview, the municipality has its ideas on covering the costs of the overall measure. . Funding and funding on a different legal basis as well as the financial statements of other institutions of public interest are to be reported in the news. (4) The cost and funding overview can be provided with the agreement of the National competent authority shall be limited to the period of the multi-annual financial planning of the municipality. The requirement to carry out the urban renovation measure within a foreseeable period of time remains unaffected. (5) The municipality and the higher administrative authority may provide information on their own to other institutions of public interest. (6) The higher administrative authority may require the municipality to supplement or amend the cost and financial overview. It shall ensure that the municipality and the other public authorities cooperate economically in the implementation of their measures and that the municipality is responsible for the procurement of public funds for the purpose of obtaining funding from the public support. Unofficial table of contents

Section 150 Replacement of amendments to bodies serving the public sector

(1) Public supply of electricity, gas, water, heat, telecommunications services or sewage treatment plants shall no longer be used in a formally defined remediation area , and special expenses are required which go beyond what is necessary in the case of a proper economy, for example, the replacement or transfer of these installations, the municipality has the institution of the task which it has to reimburse the costs incurred. The benefits and disadvantages incurred by the institution of the task in connection with this are to be compensated. (2) If agreement is not reached on the amount of the refund, the higher administrative authority shall decide. Unofficial table of contents

Section 151 exemption from charges and charges

(1) Free of charges and similar non-fiscal charges as well as expenses shall be transactions and negotiations

1.

for the preparation or implementation of urban rehabilitation measures,

2.

to carry out employment operations,

3.

for the establishment or dissolution of a company whose business purpose is exclusively intended to act as a remedial institution.

(2) The exemption from duty shall not apply to the costs of a dispute. This shall be without prejudice to regulations in accordance with national law. (3) Transactions within the meaning of paragraph 1 (2) shall be

1.

the acquisition of a property by a municipality or by a legal entity within the meaning of § § 157 and 205 for the preparation or carrying out of urban development renovation measures. This also includes the acquisition of a land plot for use as an exchange or replacement country in the context of urban renovation measures;

2.

the acquisition of a land by a person who has transferred or lost land for the preparation or execution of urban renovation measures or for use as an exchange or replacement country. The exemption shall be granted only

a)

in the case of the acquisition of a land plot in the redevelopment area where the land is over-appropriated or lost, to the completion of the urban development renovation measure,

b)

in other cases, up to the end of a period of ten years from the date on which the property was transferred or lost;

3.

the acquisition of a land situated in the formally designated redevelopment area, in so far as the consideration exists in the devotion of a land situated in the same sanctioning area;

4.

the acquisition of a land which is conditional on the establishment, existence or dissolution of a trusteeship in the sense of § 160 or § 161.

Third Section
Special provisions for reorganisation of the law

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Section 152 Scope

The provisions of this section shall be applied in the formally designated redevelopment area, provided that the remediation is not carried out in the simplified reorganisation procedure. Unofficial table of contents

Section 153 Measurement of compensation and compensation payments, purchase prices, relaying

(1) If, pursuant to the provisions of this Code, compensation or compensation benefits are to be provided under the provisions of this Code, on the basis of measures designed to prepare or carry out the remediation in accordance with the provisions of this Code, the Commission shall: Measurement of value increases which have only occurred due to the prospect of the renovation, through their preparation or their implementation, only in so far as the person concerned may legitimately make such increases as a result of his own expenses. has caused. Changes in the general conditions of value on the property market must be taken into account. (2) If the right-of-business sale of a property as well as the ordering or disposal of an inheritance law are the subject of the agreed countervalue for the property or the right above the value resulting from the application of paragraph 1, there is also a substantial increase in the restoration within the meaning of section 145 (2). This does not apply if in the cases of § 154 para. 3 sentence 2 or 3 the The obligation to pay the compensatory amount has been granted. (3) The municipality or the In the event of the acquisition of a land, a remediation institution shall not agree to a higher purchase price than is the case in the appropriate application of paragraph 1. In the cases of Section 144 (4) (4) and (5), the demand carrier shall not agree to a higher purchase price than is the case in the corresponding application of paragraph 1. (4) In the case of the sale in accordance with § § 89 and 159 (3), the property shall be added to the The traffic value resulting from the legal and actual reorganisation of the formally defined remediation area. Section 154 (5) shall be applied in accordance with the part of the purchase price corresponding to the increase in the value of the property as a result of the refurbishment. (5) In the formally defined redevelopment area,

1.

(1) apply accordingly to the determination of values in accordance with § 57 sentence 2 and in the case of monetary settlement in accordance with § 59 (2) and (4) to (6) as well as in § § 60 and 61 (2);

2.

Changes in value which occur due to the legal and actual reorganisation of the formally defined remediation area, in the determination of values pursuant to § 57 sentence 3 and 4 and in the case of monetary compensation in accordance with § 59 (2) as well as the § § 60 and 61 (2) ,

3.

§ 58 shall not apply.

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Section 154 Compensation amount of the owner

(1) The owner of a land situated in the formally designated redevelopment area has to pay a compensatory amount in order to finance the remediation to the municipality in which the increase in the soil value of the land, which is caused by the rehabilitation of the property, has to be paid. Basic item. Co-owners are liable as total debtors; in the case of residential and partial property, the individual residential and partial property owners are to be used only in accordance with their co-ownership. Where, within the meaning of Article 127 (2), the production, expansion or improvement of the development of the development of the development of the development of the development of such facilities shall be carried out in accordance with the provisions of Article 127 (2) of the Treaty, the provisions governing the collection of contributions Do not use the remediation area. Sentence 3 shall apply mutationally to the application of the provisions relating to the collection of reimbursement of expenses within the meaning of Section 135a (3). (2) The increase in the land value of the land due to the renovation consists of the difference between the Land value that would result for the property if a refurbishment had not been intended or had been carried out (initial value), and the ground value for the plot of land by the legal and actual reorganisation of the formal (2a) The municipality may, by means of its statutes, determine that, by way of derogation from the first sentence of paragraph 1, the compensatory amount shall, on the basis of the expenditure (excluding the costs of its financing), be used for the purpose of extending or improving access facilities within the meaning of Article 127 (2) (1) to (3) (transport facilities) in , a condition for the adoption of the statutes is evidence that the increase in the soil values of the land in the sanctioning area is not significantly higher than half the cost of the land. The Articles of Association shall determine the amount of the cost of the calculation to be determined and shall not exceed 50 of the hundred. Within the scope of the statutes, the amount of the compensatory amount shall be calculated on the basis of the ratio of its area to the total area; the total area shall be the area of the sanctioning area without the land for the transport facilities. on the market. § 128 (1) and (3) shall apply accordingly. (3) The compensatory amount shall be payable after the completion of the remediation (§ § 162 and 163). The congregation may allow the detachment as a whole before completion of the remediation; in doing so, a higher amount than the compensatory amount may also be agreed to cover the costs of the reorganisation measure. The municipality shall, at the request of the compensatory amount subject, set the compensatory amount prematurely if the compensatory amount concerned has a legitimate interest in the fixing before completion of the remediation and the amount of the compensatory amount shall be: (4) The municipality shall inform the compensatory amount by a decision; the amount shall be due one month after the date of the announcement of the date of the publication. Before determining the amount of the compensation, the compensatory amount shall be the opportunity to comment and discuss the conditions governing the determination of the value of his property and the amounts creditable pursuant to § 155 (1) within a reasonable period of time. The compensatory amount shall not be used as a public load on the property. (5) The municipality has to convert the compensatory amount into a repayment loan at the request of the owner, provided that it cannot be attributed to it, the obligation on maturity with own or foreign means. The debt shall be charged at a maximum of 6 per annum and to be paid annually at 5 of the hundred plus the interest saved. The redemption rate may be reduced in individual cases up to 1 per hundred and the loan may be made low-interest or interest-free if it is in the public interest or in order to avoid unreasonable hardship or to avoid any of the The non-economic nature of the use of land is not to be regarded as a compensatory amount. The municipality is to give priority to the basic rights required to finance the rebuilding, modernisation or repair of the land. (6) The congregation can take precedence over the basic rights of resettlement. (6) Owners on the compensatory amount to be paid in accordance with paragraphs 1 to 4 shall require advance payments as soon as a building or other use corresponding to the objectives and purposes of the restoration is permitted on the property; paragraphs 1 to 5 shall be applied mutatily. Unofficial table of contents

Section 155 Invoice to the compensatory amount, see

(1) The compensatory amount shall be set off;

1.

the benefits or increases in the land value of the land, which have already been taken into account in another procedure, in particular in an expropriation procedure, without prejudice to the provisions of paragraph 2,

2.

the increases in the land value of the land which the owner has allowed to erect by means of its own expense; to the extent that the owner has carried out administrative measures in accordance with § 146 (3), or if the owner of the property and the following institutions as defined in section 148 (2) However, the costs incurred by it are to be calculated on the basis of the first sentence of paragraph 1,

3.

the increases in the land value of the land which the owner has authorized to pay for the purchase of the land as part of the purchase price in an amount corresponding to the provisions of points 1 and 2 and section 154.

(2) A compensatory amount shall be dispensed with if a transfer has been carried out in accordance with Section 153 (5). (3) The municipality may, for the officially designated redevelopment area or parts of the redevelopment area to be designated, be subject to the fixing of the See compensatory amount if:

1.

a minor increase in land value has been assessed and

2.

the administrative burden for the levying of the compensatory amount is not in proportion to the possible revenue.

The decision pursuant to the first sentence may also be taken before the remediation is completed. (4) The municipality may, on a case-by-case basis, depart from the levying of the compensatory amount in whole or in part if it is in the public interest or in order to avoid it. Unreasonable hardship is offered. The exemption may also be made before the completion of the refurbishment. (5) In addition, the national provisions on municipal contributions, including the provisions on stuning and the decree, must be applied accordingly. (6) Are the provisions of the If the owner costs the administrative measures or costs for the establishment or modification of public service and follow-up facilities within the meaning of § 148 (2) sentence 1 no. 3, the congregation shall reimburse it to the extent to which they are informed of the measures pursuant to § 154 and , the amount of the compensatory amount determined and the refund not being contractually agreed has been excluded. Unofficial table of contents

Section 156 Provisions for the transfer of formal provisions

(1) This shall not affect the obligation to provide contributions for the establishment of a development facility within the meaning of Section 127 (2), which have been established before the formal determination is made. The same applies to reimbursement of expenses within the meaning of § 135a (3). (2) Before the formal definition of the remediation area, the transfer agency has the transfer plan in accordance with § § 135a (3). (3) Before the formal establishment of the reorganisation area, the expropriation authority shall have the expropriation decision in accordance with § 113 for a person situated in the territory of the territory of the State of the Land has been issued or an agreement according to § 110 has been assessed, the The provisions of the First Chapter shall be applied further. Unofficial table of contents

Section 156a Costs and financing of the reorganisation measure

(1) After the implementation of the urban planning renovation measure and the transfer of a trust property of the reorganisation carrier to the municipality, it shall be transferred to the municipality with a surplus of the in the preparation and implementation of the urban development In the case of a reorganisation measure, this surplus shall be allocated to the owners of the land situated in the redevelopment area. The ownership of the decision on the formal definition of the redevelopment area shall be the determining factor. If, after that date, the property has been transferred for payment, the share of the property which is accounted for by the former owner and the owner, which has been used for a compensatory amount in accordance with § 154, shall be equal to one half of the property. (2) The shares of the surplus on the individual properties shall be determined in accordance with the ratio of the initial values of the land within the meaning of section 154 (2). (3) The municipality has to deduct the grant of the surplus in the calculation of the surplus, which it or owners of funds from another public budget to cover costs the preparation or implementation of the reorganisation measure has been granted. In addition, the procedure for distributing the surplus is determined by national legislation.

Fourth Section
Remedial institutions and other agents

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Section 157 fulfillment of tasks for the municipality

(1) The congregation may serve a suitable representative in order to carry out tasks which are to be carried out in the preparation or implementation of the rehabilitation. However, it must be the task of:

1.

carry out urban renovation measures which are to be carried out by the municipality in accordance with § § 146 to 148,

2.

acquire land or rights to them for the preparation or execution of the remediation on behalf of the municipality;

3.

-to manage the remediation of resources;

(2) The municipality is to carry out the preparation of the building control plans and the tasks of a company for its own account. (2) shall not transfer the company to the same undertaking or to a company which is legally or economically dependent on it. Unofficial table of contents

§ 158 Conditions for the appointment of a remedial institution

The tasks of the company can only be transferred to the company if it is to be transferred to the company

1.

the company does not itself operate as a construction company or is dependent on a construction company,

2.

the company is capable of carrying out the duties of a carrier, in accordance with its business and economic circumstances, and is in a position to properly fulfil the tasks of a reorganisation medium;

3.

the undertaking, provided that it is not already subject to an annual examination of its business and economic conditions, has undergone such an examination or is subject to such an examination,

4.

the persons appointed for representation as well as the senior executives who have the necessary business reliability.

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§ 159 fulfillment of tasks as a remedial institution

(1) In accordance with § 157 (1) sentence 2 no. 1 or 2, the reorganization carrier fulfils the tasks assigned to it by the municipality in its own name on behalf of the municipality as its trustee or in its own name for its own account. He fulfils the task assigned to him by the municipality in accordance with § 157 (1) sentence 2 no. 3 in his own name for the account of the congregation as their trustee. The municipality and the remedial institution shall lay down at least the tasks, the legal position in which it must comply with the remedial authority, and one of the municipality shall be responsible for this purpose. Appropriate remuneration and the authority of the municipality to issue instructions by written contract. The Treaty does not require the form of Section 311b (1) of the Civil Code. It can be terminated by any side only for important reason. (3) The remedial institution is obliged to carry out the properties which it has acquired after the transfer of the task to prepare or carry out the renovation, in accordance with section 89 (3) and 4 and shall be dished in accordance with the instructions of the congregation. He has the property, which he has not sold, to indicate to the municipality and to sell it to third parties or to them on their request. (4) In the purchase price paid by the acquirer to the refurbish carrier, an amount shall be included in accordance with § § 154 of the German law. and 155 of the owner, the remedial institution shall have to pay this amount to the municipality or to charge it with it. In the cases of § 153 (4) sentence 2, the reorganization institution shall either withdraw claims from the loan on request to the municipality and return interest and redemption received to it or to charge it with it. (5) The remedial institution shall have the right to cancel the loan. (6) In the event of the opening of insolvency proceedings, the congregation shall terminate the insolvency proceedings on the property of the person responsible for his/her own account. The repayment carrier shall be entitled to the contract concluded with this contract, may it be appointed by the insolvency administrator require that the property obtained in the officially designated remediation area which the remedial institution has acquired after the transfer of the tasks to prepare or carry out the remediation, shall be subject to the reimbursement of the refund provided for by the remedial institution Expenses to be transferred. The insolvency administrator is obliged to hand over a list of these land plots to the municipality. The municipality can only claim its claim within six months of the date of delivery of the land register. In addition, the municipality is liable to the creditors of liabilities arising from the conduct of the order measures, such as a guarantor, insofar as they have not obtained complete satisfaction from the assets of the reorganization carrier in the insolvency proceedings. (7) (dropped) Unofficial table of contents

§ 160 Trusteeship

(1) If the remedial institution is entrusted with a task as trustee of the municipality, it shall comply with it with a trusteeship in its own name for the account of the municipality. The remedial institution shall receive a certificate of transfer of the task as trustee from the municipality for the legal transport. In the performance of the task, it is to add to its name an addition characterizing the trusteeship ratio. (2) The trustee carrier acting as trustee has the trusteeship established in the performance of the task separately from other assets. (3) Trust assets shall include the funds provided by the municipality to the remedial institution for the purpose of carrying out the task. The assets of the trustee also include the funds of the trustee or the legal business relating to the trusteeship, or the trusteeship, or the trusteeship, or as a substitute for the assets of the trustee. (4) The municipality guarantees the fulfilment of the liabilities for which the reorganization carrier is liable with the trusteeship assets. Funds received by the remedial institution from a third party are only part of the trustee's assets if the municipality has agreed to the loan's acceptance in writing. The same shall apply in respect of its own resources, which the remediation institution introduces. (5) Land in the formally designated redevelopment area, which the reorganisation holder, before or after the transfer of the task, with funds not belonging to the trusteeship, or shall be transferred, at the request of the congregation, to the trusteeship in order to replace its expenses, on request of the municipality. In doing so, the values must be taken into account as property values which arise in application of § 153 (1). (6) The remedial institution acting as trustee has to account for the congregation after the end of its activity. Upon termination of his duties, he shall transfer to the congregation the assets of the trustee, including the land which he has not divehold. The congregation shall be liable for the remaining liabilities for which it has been held liable with the trusteeship. (7) Before the transfer pursuant to paragraph 6, the reorganisation carrier shall be liable for the land. of the trust assets which it has acquired under the auctioning of appropriate non-trustee exchanges, or at least two years before the municipality has given it an order related to the remediation, and in has transferred the trusteeship to repatriate his own assets. If the land which he has transferred into the trusteeship assets is sold or used in order to form new land, or if its limits have been altered, the remedial institution may be able to provide other land which is of value comply with the trustees transferred to the trusteeship assets and transfer them back to their own assets; it shall be subject to the authorisation of the municipality for this purpose. It shall reimburse the assets of the trustee to the value of the traffic of the land which results from the legal and effective reorganisation of the formally established remediation area. Unofficial table of contents

Section 161 Security of trustees

(1) The remedial institution shall not be liable to third parties with the trusteeship assets for liabilities which are not related to the trusteeship. (2) The trust fund shall be liable to the trusteeship because of a liability for which the reorganization carrier is not subject to the Under the terms of Section 771 of the Code of Civil Procedure, the congregation may object to the execution of the execution of the execution of the execution of the execution of the execution of the execution of the execution of the execution of the enforcement order. § 767 (1) of the Code of Civil Procedure. (3) In the If the insolvency proceedings are opened on the assets of the repatriation carrier, the trusteeship does not belong to the insolvency mass. If the congregation announces the trusteeship, the insolvency administrator has to transfer the trusteeship to the congregation and to administer it until the transfer. The congregation shall be liable for the liabilities for which the congregation has been held liable with the trustee's assets. The legal consequences arising from the opening of the insolvency proceedings do not arise in respect of liabilities. § 418 of the Civil Code shall not apply.

Fifth Section
Completion of refurbishment

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Section 162 Repeal of the remediation of remediation

(1) The reorganisation replacement shall be repealed if:

1.

the rehabilitation is carried out, or

2.

the rehabilitation proves to be impracticable; or

3.

the reorganisation intent is abandoned for other reasons, or

4.

the time limit laid down in accordance with § 142 (3) sentence 3 or 4 for the implementation of the rehabilitation has expired.

If these conditions are met only for part of the formally defined sanctioning area, the statutes for this part must be repealed. (2) The decision of the municipality by which the formal definition of the redevelopment area in whole or in part shall be repealed as a statute. The articles of association are to be made known in a customary manner. The congregation may also make known in the usual manner that a statutes have been adopted for the annulment of the formal definition of the sanctioning territory; § 10 (3) sentence 2 to 5 shall be applied accordingly. By means of the notice the Articles of Association become legally binding. (3) The municipality requests the Land Registry to delete the reorganisation notices. Unofficial table of contents

Section 163 Continuation of legal effects on individual land plots

(1) The municipality may declare the renovation of a plot of land as completed if, in accordance with the objectives and purposes of the refurbishment

1.

the property is built or otherwise used, or

2.

the building is modernized or repaired.

At the request of the owner, the municipality has to declare the renovation of the property as completed. (2) The municipality may, before the date referred to in paragraph 1, notify the implementation of the refurbishment of individual land by means of a communication. The owners shall declare completed if the building or other use, or the modernization or repair, corresponding to the objectives and purposes of the refurbishment, including without endangering the objectives and purposes of the refurbishment, at a later date. Time is possible. In this case, a legal right to submit the declaration does not exist. (3) The declaration does not apply to the application of § § 144, 145 and 153 for this property. The municipality requests the Land Registry to delete the remediation note. Unofficial table of contents

Section 164 Claim on retransmission

(1) If the remediation replacement is removed from the reasons referred to in § 162 (1), first sentence, no. 2 or 3, or if the remediation has not been carried out in the case of the annulment pursuant to section 162 (1) sentence 1 sentence 1, the former owner of a Land shall be subject to a claim against the respective owner for the return of this land if the municipality or the remedial authorities are free-handed from it after the formal establishment of the remediation area for the purpose of carrying out the remediation or in accordance with the provisions of this Code, without the provision of appropriate exchange, (2) The claim shall not exist if:

1.

the land is set as a building land for the common use or as a transport, supply or green space in a construction plan or is required for other public purposes; or

2.

the former owner himself had acquired the property by way of the expropriation, or

3.

the owner has begun the appropriate use of the land; or

4.

the property has been sold to a third party on the basis of § 89 or § 159 (3); or

5.

the land borders have been significantly altered.

(3) The retransmission can only be required within two years from the cancellation of the remediation replacement. (4) The former owner has to pay as a purchase price the traffic value which the property has at the time of the retransmission. (5) A claim shall remain unaffected by reappropriation in accordance with § 102. The compensation according to § 103 to be granted to the owner is measured according to the traffic value of the property, which is due to the legal and actual state at the time of the cancellation of the formal determination.

Sixth Section
Urban development

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Section 164a Use of urban development funds

(1) In order to cover the costs of the uniform preparation and speedy implementation of the urban development renovation measure as a unit (overall measure), financing and funding (urban development funds) will be used. For measures related to the rehabilitation, financing or promotion of which is based on a different legal basis, the financing or funding provided in the respective budgetary laws shall be used in such a way as to: It will be possible to implement the measures in the context of the refurbishment. (2) Urban development funds can be used for

1.

the preparation of remediation measures (§ 140),

2.

the carrying out of disciplinary measures pursuant to section 147, including compensation, insofar as they do not obtain a permanent countervalue; the costs of the disciplinary measures do not include the personal or material costs of the municipal administration,

3.

the implementation of construction measures in accordance with § 148,

4.

the granting of an appropriate remuneration for third parties under the terms of this Act;

5.

the implementation of the social plan in accordance with § 180 and the granting of a compensatory amount according to § 181.

(3) Urban R & D funds may be used for modernisation and repair measures within the meaning of Section 177. Unless otherwise agreed, this shall also apply to appropriate measures which the owner has contractually obliged to carry out in relation to the municipality, as well as measures which go beyond that which are to be taken into account in the maintenance, renewal and the proper use of a building which is to be preserved due to its historical, artistic or urban importance. Unofficial table of contents

§ 164b Administrative Arrangement

(1) In order to promote urban rehabilitation measures under Article 104b of the Basic Law, the Federal Government may, in accordance with the respective budget law, grant the Länder financial support for investments by municipalities and municipal associations in accordance with the same rules. Provide a standard, general and appropriate scale. The scale and the details of the use of the grants will be determined by the administrative arrangement between the federal and state governments. (2) The main focus for the use of such grants will be:

1.

the strengthening of city centres and suburban centres in their urban development function, with special emphasis on housing, as well as the concerns of monument protection and preservation of monuments,

2.

the re-use of land, in particular industrial, conversion or railway areas lying in inner cities, for the construction of residential and workplaces, common needs and follow-up facilities, taking into account their functional meaningful allocation (use mix) as well as environmentally friendly, cost-saving and space-saving construction methods,

3.

urban planning measures to address social ills.

Part two
Urban development measures

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Section 165 Urban development measures

(1) Urban development measures in urban and rural areas, the uniform preparation and rapid implementation of which are in the public interest, shall be prepared and implemented in accordance with the provisions of this Part. (2) With urban development The development measures referred to in paragraph 1 shall be designed to ensure that districts and other parts of the municipal territory are of particular importance for the urban development and order of the municipality, or in accordance with the development of the country's territory or the region for the first time, or in the context of an urban development (3) The municipality may formally designate an area in which an urban development measure is to be carried out by decision as an urban development area, if:

1.

the measure corresponds to the objectives and purposes referred to in paragraph 2;

2.

requires the good of the general public to implement the urban development measure, in particular to cover increased demand for residential and workplaces, the setting-up of common needs and follow-up facilities, or re-use brachlying surfaces,

3.

the objectives and purposes sought by the urban development measure cannot be achieved by means of urban planning contracts or the property owners of the land affected by the measure, taking into account the provisions of section 166 (3) are not prepared to sell their land to the municipality or to the development institution entrusted by it to the value resulting from the application of Article 169 (1) (6) and (4),

4.

the speedy implementation of the measure is ensured within a foreseeable period.

Public and private interests must be weighed against each other and with each other. (4) The municipality must carry out, or arrange for, the preparatory studies before the formal definition of the urban development area is formally defined; which are required in order to obtain assessment documents relating to the fixing conditions referred to in paragraph 3. § § 137 to 141 must be applied accordingly. (5) The urban development area must be limited in such a way that the development can be carried out appropriately. Individual plots of land that are not affected by the development can be completely or partially exempted from the area. Land serving the purposes referred to in Article 26 (2) and Section 35 (1) No. 7, the land referred to in Article 26 (3) and land for which a hearing procedure has been initiated in accordance with Section 1 (2) of the Land procurement law, and national properties, in which the intention to use it for the purpose of national defence is known to the municipality, may only be included in the urban development area with the consent of the demand carrier. The demand carrier is to give its consent if, even in the light of its tasks, there is an overriding public interest in the implementation of the urban development measure. (6) The municipality decides the formal Definition of the urban development area as statutes (development statutes). The development rate must be defined as the urban development area. (7) The development rate must be accompanied by an explanatory statement. The explanatory statement shall explain the reasons justifying the formal definition of the area in need of development. (8) The decision of the development statutes shall be made known in the usual manner. § 10 (3) sentence 2 to 5 shall apply accordingly. In the notice referred to in the first sentence, reference should be made to the permit requirement in accordance with § § 144, 145 and 153 (2). With the notice, the development record becomes legally binding. (9) The municipality shares the legally binding development statutes with the Grundbuchamt. In doing so, it has to perform individually the land plots affected by the development record. The Land Registry has to enter into the basic books of these land plots that an urban development measure is carried out (development note). Section 54 (2), first sentence, and (3) shall apply accordingly. Unofficial table of contents

Section 166 Jurisdiction and tasks

(1) The development measure shall be prepared and implemented by the municipality, unless a derogation is made in accordance with paragraph 4. The municipality shall draw up development plans for the urban development area without any deprivation, and shall take all the necessary measures to ensure that such plans do not fall within the scope of any other legal provisions. (2) The municipality has the necessary conditions to ensure that a functional area is created in accordance with the intended development and order of urban development, who, according to his economic fabric and the composition of his (3) The municipality is to be responsible for the objectives and purposes of the urban development measure and in which the population is properly and appropriately supplied with goods and services. (3) The municipality should be Acquire land in the urban development area. In doing so, it shall determine whether and in what legal form the previous owners aspire to a subsequent acquisition of land or rights within the scope of section 169 (6). The municipality should not be able to purchase a land, if:

1.

in the case of a building used for construction purposes, the nature and extent of the building's use in the implementation of the development measure should not be changed, or

2.

the owner of a property whose use is determined or can be determined with sufficient certainty in accordance with the objectives and purposes of the urban development measure, is able to comply with the property within a reasonable period of time and he is committed to doing so.

If the municipality does not acquire a property, the owner is obliged to pay a compensatory amount to the municipality, which corresponds to the increase in the land value of its property as a result of the development measure. (4) The preparation and implementation of the development measure can be transferred to a planning association according to § 205 (4). Unofficial table of contents

§ 167 fulfilment of tasks for the community; development agencies

(1) The municipality may serve a suitable representative, in particular a development support, in order to carry out tasks which it observes in the preparation or implementation of the development measure of the urban development. § 157 (1), second sentence, and § 158 shall apply accordingly. (2) The development institution shall fulfil the tasks assigned to it by the municipality in its own name for the account of the municipality as its trustee. § 159 (1) sentence 3 and subsection 2 as well as § § 160 and 161 are to be applied accordingly. (3) The development institution is obliged to divain the land of the trusteeship assets in accordance with section 169 (5) to (8); it shall be subject to instructions from the Community tied. Unofficial table of contents

Section 168 Takeover request

The owner of a property situated in the urban development area may require the municipality to take over the land if it takes account of the declaration on the urban development area or the status of the land of the land. It is no longer economically viable to retain the land or to use the property in the past or another permissible manner. The provisions of § 145 (5) sentence 2 to 5 shall apply accordingly. Unofficial table of contents

Section 169 Special provisions for the development area of urban development

(1) In the development area of urban development, use shall be made of

1.

§ § 137, 138 and 139 (participation and participation of the persons concerned; obligation to provide information; participation and participation of public authorities),

2.

Section 142 (2) (substitutes and complementary areas),

3.

§ § 144 and 145 (Authorisations subject to permit and legal procedures; approval),

4.

§ § 146 to 148 (Implementation; Administrative measures; Construction measures),

5.

§ § 150 and 151 (substitutes for changes to bodies serving the public service; exemption from charges and outsourcing),

6.

Section 153 (1) to (3) (dimensioning of compensation and compensation; purchase prices),

7.

§ § 154 to 156, without section 154 (2a) (compensation amount of the owner; credit on the compensatory amount, check-off; transfer rules for formal determination),

8.

§ § 162 to 164 (conclusion of the measure),

9.

§ § 164a and 164b (use of urban development funds; administrative agreement),

10.

Section 191 (Rules relating to the transport of land and forestry land).

(2) The provisions of the fourth part of the first chapter on the land order are not to be applied in the urban development area. (3) The expropriation is in the urban development area without a development plan for the benefit of the municipality or the Development institution shall be permitted to carry out its duties. It shall require the applicant to make serious efforts to acquire the land freely by hand on reasonable conditions. § § 85, 87, 88 and 89 (1) to (3) are not applicable in the urban development area. (4) Land-or forestry-used land is subject to Section 153 (1), with the proviso that in the areas in which the land is located, the has not formed a traffic value deviating from the intra-agricultural transport value, the value of which would be to be achieved in comparable cases in the ordinary course of business on the general market where there is no (5) The municipality is obligated to provide land, which shall be it has acquired, for the implementation of the development measure, freely or in accordance with the provisions of this Code, to sell, in accordance with paragraphs 6 to 8, with the exception of the land used as building land for the general use or as transport, Supply or green areas are fixed in a development plan or are required for other public purposes or as exchanges or for compensation in land. (6) The land plots are subject to their reorganization and development under Taking into account the population of the population and taking into account the objectives and purposes of the -to divindicate development measures to those willing to build the land within a reasonable period of time, in accordance with the requirements of the development plan and the requirements of the development measure. First, the former owners must be taken into consideration. § 89 (4) shall apply to the divestreation obligation. Land or forestry land used for agricultural or forestry purposes is to be offered to farmers or foresters who have, in order to carry out the development measure, have transferred land or have had to hand over land. (7) The municipality has for this purpose the sale of land or land. to ensure that the builders carry out the construction in economically reasonable succession in such a way that the objectives and purposes of the development of the urban development are achieved and the projects are classified within the framework of the overall measure. It has to continue to ensure that the newly created buildings are permanently used in accordance with the objectives and purposes of the urban development measure. (8) To finance the development, the land or the right to the development is to be provided. To divest the transport value resulting from the legal and actual reorganisation of the urban development area. Section 154 (5) shall be applied in accordance with the part of the purchase price corresponding to the increase in the value of the land due to the development. Unofficial table of contents

Section 170 Special arrangements for adaptation areas

If, for the purposes and purposes of the urban development measure, measures are to be taken in a field built up in the context of adaptation to the planned development, the municipality of this area may formally enter into the development subversion (adaptation area). The adaptation area is to be described in the development record. The formal establishment may not take place until preparatory inquiries have been carried out in accordance with Section 141. In the area of adaptation, in addition to the regulations applicable to urban development measures, with the exception of section 166 (3) and section 169 (2) to (8), the provisions relating to urban development measures must be applied accordingly, with the exception of: § § 136, 142 and 143. Unofficial table of contents

Section 171 Costs of costs and financing of the development measure

(1) The revenue generated in the preparation and implementation of the development measure shall be used to finance the development measure. Following the implementation of the urban development measure and the transfer of a fiduciary capacity of the development support to the municipality, it will result in a surplus in the preparation and implementation of the urban development (2) In accordance with § 149, the municipality has a cost-and-benefit basis according to the state of the planning. (2) to draw up a financial statement. Consideration shall be given to the costs which are necessary for the purposes and purposes of development.

Part Three
Urban tumors

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Section 171a Urban conversion measures

(1) Urban and urban rebuilding measures, the uniform and rapid implementation of which is in the public interest, may also be replaced by, or in addition to, other measures in accordance with this Code, in accordance with the provisions of this Part (2) Urban conversion measures are measures which make adjustments to the production of sustainable urban structures in areas affected by significant urban development loss. Significant urban development loss of function is in particular the case where there is or is to be expected a permanent oversupply of structural installations for certain uses, especially for residential purposes, or if the general requirements for the use of the equipment are to be met. Climate protection and climate adaptation are not being met. (3) Urban rebuilding measures serve the general public's well-being. In particular, they shall contribute to the

1.

the settlement structure is adapted to the needs of the development of the population and the economy, as well as the general requirements for climate protection and adaptation,

2.

the living and working conditions as well as the environment are improved,

3.

strengthening inner-city areas,

4.

are no longer being used to meet the needs of building installations in a new way,

5.

any other use of non-feedable construction equipment,

6.

Land-lying or exposed areas of a sustainable urban development, in particular climate change mitigation and adaptation, or an intermediate use that is compatible with that development,

7.

inner-city old buildings are sustainably preserved.

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§ 171b Urban conversion area, urban development concept

(1) The municipality shall determine the area in which urban redevelopment measures are to be carried out by decision as a city-building area. Whereas it is necessary to define in its territorial extent that the measures are to be carried out appropriately; (2) the decision referred to in paragraph 1 shall be based on an urban development concept to be established by the municipality in which the objectives and the objectives of the development plan are: Measures (Section 171a (3)) shall be presented in writing in the urban re-circulation area. The public and private interests must be weighed up against each other and with each other. (3) § § 137 and 139 shall apply accordingly in the preparation and implementation of the urban restructuring measures. (4) § § 164a and 164b are in the To apply the urban development area accordingly. Unofficial table of contents

§ 171c Stadtumbauvertrag

To the extent necessary for the implementation of its urban development concept, the municipality should make use of the possibility of urban restructuring measures based on urban development contracts within the meaning of Section 11, in particular with the participating owners , Articles of the Treaties may, in particular, be

1.

the implementation of the rebuilding or adaptation of construction equipment within a specified period and the cost of the installation;

2.

the waiver of the exercise of claims in accordance with § § 39 to 44;

3.

the compensation of loads between the participating owners.

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Section 171d Protection of implementing measures

(1) The municipality may designate by statute an area which comprises a fixed urban area (§ 171b para. 1) or parts thereof and in which, in order to ensure the security and socially responsible implementation of urban conversion measures, § 14 para. 1 shall be subject to authorisation. Article 16 (2) of the Statute is to be applied in accordance with Article 16 (2). (2) If the decision on the establishment of a statute pursuant to paragraph 1 is taken and is made known in a customary manner, Section 15 (1) shall be applied to the implementation of the projects and measures referred to in paragraph 1. (3) In the cases referred to in paragraph 1, the authorisation may not be granted only in order to take account of the urban and social aspects of the urban conversion measures on the basis of the municipality's municipal and social security measures. urban development concept (§ 171b para. 2) or a social plan (§ 180) to Secure. The authorization shall be granted, even if, taking into account the general interest, it is not economically reasonable to consider the project or the measure. (4) § § 138, 173 and 174 are in accordance with the provisions of paragraph 1 in the area of the articles of association ,

Fourth part
Social City

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§ 171e Measures of the Social City

(1) Urban development measures of the social city in urban and urban areas, the uniform and rapid implementation of which is in the public interest, may also be replaced by, or in addition to, other measures in accordance with this Code. (2) Urban development measures in the Social City are measures to stabilise and enhance the social ills of disadvantaged districts or other parts of the municipal territory in which the town is located. special development needs. In particular, there are social ills when an area is at a considerable disadvantage due to the composition and economic situation of the people living and working in it. Particular development needs are particularly necessary in the case of disadvantaged inner-city or inner-city areas or densified residential and mixed areas, in which it involves a coordinated bundling of (3) The municipality shall determine the territory in which the measures are to be carried out by decision. It should be specified in its geographical scope that the measures should be carried out appropriately. (4) The decision referred to in paragraph 3 shall be based on a decision taken by the municipality with the participation of the parties concerned (§ 137) and the public authorities (§ 139) A development concept to be set up in which the objectives and measures are to be presented in writing. The development concept should in particular include measures to improve living and working conditions as well as the creation and maintenance of socially stable population structures. (5) In the preparation of the development concept and in the case of its implementation should be taken into account in a suitable way and encouraged to participate. The municipality is to continuously advise and support the parties as far as possible. For this purpose, a coordinating body can be set up in cooperation between the municipality and the participants. To the extent necessary, the municipality should close urban planning contracts for the realization and promotion of the objectives pursued by the development concept as well as for the assumption of costs with the owners and other measures. (6) § § § § § § § § § § § § § § § § § § § § § § § § § § 164a and 164b shall apply mutatily in the territory referred to in paragraph 3. In this connection, Section 164a (1), second sentence, on the use of financing and support funds is to be applied, in particular, to other measures within the meaning of the third sentence of paragraph 2, on the basis of other legal basis.

Fifth Part
Private initiatives

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§ 171f Private initiatives on urban development, national law

Without prejudice to other measures adopted pursuant to this Code, areas where private responsibility is based on site-based measures based on an urban planning basis may be defined in accordance with the country's law. The aim of the municipality is to develop a coordinated approach to strengthen or develop areas of city centres, suburban centres, residential quarters and commercial centres, as well as other areas of importance for the development of urban development. In order to finance the measures and equitable distribution of the costs associated with it, regulations can be made by country law.

Sixth Part
Conservation statutes and urban planning bids

First section
Conservation Statutes

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Section 172 Conservation of buildings and the peculiative nature of areas (conservation statutes)

(1) The municipality may refer to a development plan or any other statutes in which the municipality may designate areas in which:

1.

on the conservation of the urban nature of the area due to its urban design (paragraph 3),

2.

on the conservation of the composition of the resident population (paragraph 4), or

3.

in the case of urban restructuring (paragraph 5)

the decommissioning, the change or the change in the use of building plants require approval. In the cases referred to in the first sentence of sentence 1, the construction of construction installations shall also be required. Article 16 (2) of the Statute shall apply mutas to the statutes. The national governments shall be authorised to determine, for the land in the territories of a statutes referred to in the first sentence of the first sentence of the first sentence, by means of a legal regulation with a period of validity of no more than five years, that the justification of home ownership or partial property rights (§ § § 3). 1 of the Housing Act) in buildings intended for use in whole or in part for residential purposes may not be carried out without authorisation. Such a prohibition shall be deemed to be a prohibition within the meaning of Section 135 of the Civil Code. In the cases of sentence 4, § 22 (2) sentences 3 and 4, para. 6 and 8 shall apply accordingly. (2) If the decision on the establishment of a conservation statutes is taken and is made known in the usual manner, Section 15 (1) shall be applied to the execution of a project as referred to in paragraph 1. (3) In the cases referred to in the first sentence of paragraph 1, first sentence 1, the authorisation may not be granted only if the construction plant alone or in connection with other structural installations is the local image, the urban form or the the landscape is shaped or otherwise by urban planning, in particular historical or is of artistic importance. The approval for the construction of the construction plant may only be denied if the urban design of the site is adversely affected by the intended construction. (4) In the cases referred to in the first sentence of paragraph 1, point 2 and sentence 4, the Permission is only to be denied if the composition of the resident population is to be obtained for specific urban development reasons. It shall be granted, even if, taking into account the general interest, the maintenance of the construction plant or a check on the grounds of housing ownership or partial property is no longer economically reasonable. The authorisation shall also be granted where:

1.

the modification of a constructional system of the production of the modern equipment status of an average dwelling, taking into account the minimum requirements for construction law,

1a.

the modification of a structural system of adaptation to the minimum structural or technical requirements of the Energy Saving Ordinance,

2.

that the property belongs to a estate and that residential property or partial property is to be justified in favour of co-workers or legatees,

3.

the property or partial property is to be sold for its own use to the family members of the owner,

4.

without the authorization of third parties, the transfer of home ownership or partial ownership cannot be fulfilled, and, before the approval reservation is effective, a reservation is entered in the land register before the approval reservation is effective,

5.

the building is not used for residential purposes at the time the application is submitted for the purposes of housing ownership or partial property, or

6.

the owner is obliged to divest apartments only to the tenants within seven years from the justification of home ownership; a period in accordance with § 577a (2) sentence 1 of the Civil Code is shortened by seven years. The time limit laid down in § 577a (1) of the Civil Code is deleted.

In the cases referred to in sentence 3, point 6, it may be determined in the authorisation that the sale of home ownership of the building shall also be required for the duration of the obligation of authorisation of the municipality. At the request of the municipality, this authorisation requirement may be entered in the basic housing register; it shall expire at the end of the obligation. (5) In the cases referred to in the first sentence of paragraph 1, the authorisation may only be denied in order to provide a social To ensure the execution of the bill on the basis of a social plan (§ 180). If a social plan has not been drawn up, the municipality has to draw up an application in accordance with § 180. The second sentence of paragraph 4 shall apply accordingly. Unofficial table of contents

Section 173 Approval, Takeover claim

(1) The authorisation shall be granted by the municipality; § 22, paragraph 5, sentence 2 to 5 shall be applied accordingly. If a building permit or in its place a building-law consent is required, the approval shall be granted by the building approval authority in agreement with the municipality; in the building permit or approval procedure, the approval shall be granted by the (2) If the approval fails in the cases of § 172 (3), the owner of the congregation may demand the acquisition of the property under the conditions of § 40 (2). § 43 (1), (4) and (5) and § 44 (3) and (4) shall apply accordingly. (3) Prior to the decision on the application for a permit, the congregation with the owner or any other interested parties has made a significant contribution to the decision. Facts to be discussed. In the cases of § 172 (4) and (5), it also has to hear tenants, tenants and other persons entitled to use it. (4) The provisions of national law, in particular on the protection and preservation of monuments, remain unaffected. Unofficial table of contents

Section 174 Exceptions

(1) § 172 shall not apply to land which serves the purposes referred to in Article 26 (2) and to the land referred to in Article 26 (3). (2) A property of the type referred to in paragraph 1 shall be within the scope of a The congregation has to inform the demand carrier accordingly. If the demand carrier intends to present a project within the meaning of section 172 (1), it shall notify the municipality of this. At the request of the municipality, the demand carrier shall refrain from the project if the conditions exist which would entitle the municipality to refuse the authorization pursuant to § 172, and if the maintenance or the disregard of the establishment of the to the needs of the needs, also taking into account the tasks of the needs.

Second section
City-building bids

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§ 175 General

(1) If the municipality intends to issue a building offer (§ 176), a modernization or repair offer (§ 177), a plant offer (§ 178) or a retrofitting or unsealing offer (§ 179), it intends to discuss the measure with the interested parties beforehand. The municipality is to advise the owners, tenants, tenants and other persons entitled to use it in the context of their possibilities, how the measure can be carried out and which financing possibilities consist of public coffers. (2) The arrangement Measures according to § § 176 to 179 require that the implementation of the measures be necessary for urban planning reasons; if a building offer is arranged according to § 176, an urgent housing demand of the population may also be required. (3) Tenants, tenants and other persons entitled to use have the following: (4) § § 176 to 179 shall not apply to land which serves the purposes referred to in Article 26 (2), and to the land referred to in Article 26 (3). If the conditions for ordering a bid in accordance with § § 176 to 179 are fulfilled for these plots, the appropriate measures shall be carried out or carried out at the request of the congregation of the demand carriers, unless this does not result in the provision of such a (5) The provisions of national law, in particular on the protection and conservation of monuments, remain unaffected. Unofficial table of contents

Section 176 Construction bid

(1) Within the scope of a building plan, the municipality may require the owner to be informed within a reasonable period of time to be determined.

1.

to cultivate his property in accordance with the provisions of the Bebauplan; or

2.

adapt an existing building or any other existing building to the fixing of the development plan.

(2) The construction bid may be arranged outside the areas referred to in paragraph 1, but within the context of built-up areas, in order to use unbuilt or slightly built land in accordance with the provisions of the building law or to (3) If the execution of the project is not to be attributed to an owner for economic reasons, the congregation must refrain from the construction bid. (4) The owner can be from the owner of the building. Congregation requesting the acquisition of the property if it makes it credible that it the operation of the project is not to be expected for economic reasons. § 43 (1), (4) and (5) and § 44 (3) and (4) shall apply accordingly. (5) If the execution of a construction site is only possible if previously a structural installation or parts thereof are removed, the owner shall also be responsible for the disposal of the building site. is committed. § 179 (2) and (3) sentence 1, § 43 (2) and (5) and § 44 (3) and (4) shall apply accordingly. (6) If a property other than construction is fixed for a property, paragraphs 1 and 3 to 5 shall apply accordingly. (7) The construction bid may be to the obligation to submit, within a reasonable period to be determined, the application for the grant of a building-prudential approval required for the building use of the land. (8) The owner of the Obligation under paragraph 7, even after enforcement measures have been carried out on the basis of national law (9) In the case of expropriation proceedings, it must be assumed that the conditions of the construction bid are fulfilled; the provisions on the Admissibility of the expropriation shall remain unaffected. In the assessment of the compensation, any increases in the value of the compensation shall not be taken into account, which have occurred after the construction bid has been unquestionable, unless the owner has allowed the increases to be made by the owner to the effect of his own expense. Unofficial table of contents

Section 177 Modernisation and repair services

(1) In the event of a structural installation according to its internal or external nature, malfunctions or defects, the disposal or repair of which is possible by means of modernisation or repair, the municipality may eliminate the maladministration by means of a Order the modernization bid and remedy the shortcomings by a repair offer. The owner of the construction plant is obliged to remedy the maladministration and remedy the deficiencies. The communication to which the modernisation or repair is to be carried out shall indicate the maladministration or deficiencies to be remedied and determine a reasonable time limit for the implementation of the necessary measures. (2) Maladministration is particularly the case if the construction plant does not meet the general requirements for healthy living and working conditions. (3) Defects are in particular present when wear, ageing, weather influences or effects Third

1.

the intended use of the construction plant is not only insignificantly affected,

2.

the construction plant, according to its external nature, does not only impair the road or location picture, or

3.

the construction plant needs to be renewed and should be preserved due to its urban planning, in particular historical or artistic significance.

If the deficiencies of a building plant in accordance with national regulations can also be remedied for reasons of protection and maintenance of architectural monuments, the maintenance bid may only be required with the agreement of the competent authority of the State be adopted. In the communication on the decree of the repair provision, the repair measures also required for reasons of monument protection are to be described in particular. (4) The owner has to pay the costs of the measures ordered by the municipality in this respect. as they cover them by their own or foreign means and can apply the resulting capital costs as well as the additional management costs arising from the proceeds of the construction plant. If the owner has incurred costs which he has not to bear, the congregation shall reimburse him, unless another authority grants a grant to cover it. This shall not apply if the owner is obliged, under other legislation, to bear the costs himself, or if he has failed to carry out repairs and cannot prove that their acceptance is economically indefensible or that he/she is was not to be courted. The municipality can agree with the owner the amount of the reimbursement of expenses, without any calculation on a case-by-case basis, in the form of a lump sum of a certain percentage of the modernization or repair costs. (5) The property of the owner The cost share to be carried shall be determined after the implementation of the modernization or repair measures, taking into account the yields, which are sustainable for the modernized or repaired construction plant in the case of proper management can be obtained by means of a building plan, Social plan, an urban rehabilitation measure or any other urban development measure to take account of objectives and purposes. Unofficial table of contents

Section 178 Plant supply

The congregation may oblige the owner to plant his property within a reasonable period of time to be determined in accordance with the findings of the development plan pursuant to § 9 (1) no. 25. Unofficial table of contents

Section 179 Rebuilding and Unsealing Law

(1) The municipality may require the owner to accept, in whole or in part, that a construction plant is disposed of in full or in part if it is

1.

it does not meet the requirements of a development plan and cannot be adapted to them; or

2.

Any maladministration or defect within the meaning of Section 177 (2) and (3) sentence 1, which cannot be remedied by modernization or repair.

Sentence 1 (1) shall apply mutagenently to the other re-use of surfaces which are permanently no longer used and in which the soil affected by the building or sealing is to be preserved or restored in its capacity; the other re-use shall be the same as the removal as set out in the first sentence. Those for whom a right in the property or in a law which incriminates the property is entered in the land register or is secured by registration, which is not entitled to use it, shall be notified of the communication if it has been registered by the Removal is affected. The right of the owner to carry out the disposal itself shall remain unaffected. (2) The decision may only be made in the case of living space if, at the time of disposal, suitable replacement rooms for the residents are to be provided under reasonable conditions. Available. If the owner of the room, which mainly serves commercial or professional purposes (business space), seeks otherwise accommodation, the decision shall only take place if, at the time of the removal of other suitable business premises, the following shall be carried out at the time of removal of the (3) The municipality has to pay the appropriate compensation in cash to the owner, tenants, tenants or other persons entitled to use by means of the disposal of property. The owner may, in lieu of the compensation provided for in the first sentence, require the municipality to take over the property if it is economically no longer to be expected to retain the property with regard to the provision of the back-building or the unsealing. § 43 (1), (2), (4) and (5) and § 44 (3) and (4) shall apply accordingly. (4) In the case of the first sentence of the first subparagraph of paragraph 1, the disposal costs shall be borne by the owner up to the amount of the asset benefits arising from the disposal. The amount of the reimbursement may be claimed as soon as the installation has been completely or partially eliminated. The amount rests as a public burden on the property.

Seventh Part
Social plan and hardness compensation

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Section 180 Social plan

(1) If development plans, urban development measures, urban development measures or urban restructuring measures are likely to be detrimental to the personal circumstances of the people living or working in the area, The municipality should develop ideas and discuss with the interested parties how adverse effects can be avoided or mitigated as much as possible. The municipality shall assist the parties concerned in their own efforts to avoid or mitigate adverse effects, in particular in the exchange of housing and employment and the relocation of undertakings, in so far as public services are concerned. , the municipality should draw attention to this. If, according to their personal circumstances, affected persons are not able to follow recommendations and other indications of the municipality in order to avoid any disadvantages or to use aid or are further measures of the municipality for other reasons. (2) The outcome of the discussions and examinations referred to in paragraph 1, as well as the measures likely to be taken into consideration by the municipality and the possibilities for its implementation, shall be: in writing (social plan). (3) Is the implementation of an implementing measure by a municipality other than the municipality, the municipality may request that the other act in agreement with it on the tasks arising out of paragraph 1 of this Article. The municipality may, in whole or in part, carry out these tasks by itself and impose the costs on the other. Unofficial table of contents

§ 181 Hardness Compensation

(1) To the extent that it requires equity, the municipality should, in the implementation of this Code, grant a compensation in the form of money to avoid or compensate for economic disadvantages, including in the social field, on request.

1.

a tenant or tenderer, if the rent or lease has been cancelled or expropriated with regard to the implementation of urban planning measures;

2.

if the termination is necessary for the implementation of urban planning measures, this shall apply if a rental or lease is terminated prematurely by agreement of the parties concerned; the municipality has to: Confirm that the termination of the legal relationship is necessary with a view to the early implementation of the urban development measures;

3.

a Contracting Party, if, without termination of the legal relationship, the rented or leased spaces are wholly or partly temporarily unusable and the municipality has confirmed that this is due to the immediate implementation of urban development the measures are conditional;

4.

a lessee or tenderer for the removal costs incurred as a result of the fact that he has been temporarily placed elsewhere after the clearance of his apartment and that a new lease or lease relationship is subsequently established in the area, provided that this is done in the Social plan is planned.

The precondition is that the disadvantage for the person concerned in his personal circumstances is a special hardship, that compensation or compensation is not to be granted and that compensation by other measures is not also to be granted. (2) Paragraph 1 shall apply accordingly to other contractual relationships which entitle the use or use of a property, building or part of the building or any other constructional entity. (3) A hardness compensation shall not be granted. shall, in so far as the applicant has not, and shall refrain from: economic downturn by means of reasonable measures, particularly with the use of own or foreign funds.

Eighth Part
Rental and lease conditions

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§ 182 Waiver of rent or lease conditions

(1) Requiring the attainment of the objectives and purposes of the refurbishment in the formally defined redevelopment area, the development in the urban development area or a measure pursuant to § § 176 to 179 for the lifting of a rental or Lease, the municipality may, at the request of the owner or with a view to an urban development bid, with a period of at least six months, in the case of a land or forestry plot, only for the purpose of: End of a lease year. (2) The municipality is only allowed to rent a living room , if appropriate replacement accommodation is available at the time of termination of the rental relationship for the tenant and the persons belonging to his home stand at reasonable conditions. If the tenants or tenants of the business premises seek otherwise accommodation, the municipality shall only cancel the rent or lease relationship if, at the time of termination of the legal relationship, other suitable business premises are to be reasonably expected to be (3) The employment base of a tenants or tenants of business premises in the formally defined redevelopment area or in an urban development area as a result of the implementation of urban construction Renovation measures or urban development measures essential The municipality may, at the request of the tenderer or the holder, discontinue the legal relationship with a period of at least six months. Unofficial table of contents

Section 183 Repeal of lease or lease relations over undeveloped land

(1) If a different use is provided for in accordance with the provisions of the development plan for an unfinished property and if the change in use is intended as soon as possible, the municipality may, at the request of the owner, cancel rent or lease conditions, which relate to the property and which are contrary to the new use. (2) To the repeal is to be applied in accordance with § 182 (1). Unofficial table of contents

Section 184 Repeal of other contractual relationships

§ § 182 and 183 are to be applied in accordance with other contractual relationships which entitle them to use or to use a property, building or part of the building, or any other construction plant. Unofficial table of contents

Section 185 Compensation for revocation of rent or lease conditions

(1) If a legal relationship has been repealed on the basis of § 182, § 183 or § 184, the persons concerned shall be provided with adequate compensation in cash as far as they are due to the early termination of the legal relationship. Asset disadvantages arise. The provisions of Part Two of the Fifth Part of the First Chapter shall apply accordingly. (2) For compensation, the municipality shall be obliged to pay compensation. If an agreement is not reached on the compensation, the higher administrative authority shall decide. (3) If a lease agreement on the small-gardened country is repealed in accordance with § 182, § 183 or § 184, the municipality shall be in addition to the compensation for Paragraph 1 shall also be required for the provision or procurement of substitute countries. In the case of compensation in money, the provision or procurement of the replacement country shall be duly taken into account. The higher administrative authority may exempt the municipality from the obligation to provide or procure a substitute country if the municipality proves that it is not in a position to fulfil its obligations. Unofficial table of contents

Section 186 Renewal of lease or lease conditions

The municipality may, at the request of the tenderer or the holder, a rental or lease relationship via residential or commercial space in the formally defined redevelopment area, in the urban development area or with regard to measures according to § § 176 to 179 extend to the extent necessary for the implementation of the social plan.

Ninth Part
Urban development measures linked to measures to improve the agricultural structure

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Section 187 Voting of measures; building management planning and measures to improve the agricultural structure

(1) In the preparation and implementation of urban planning measures, measures to improve the agricultural structure, and in particular the results of the preliminary planning according to Article 1 (2) of the Law on the Community Task, are to be taken " Improvement of the agricultural structure and coastal protection ". If it is to be expected that measures to improve the agricultural structure will have an impact on the construction development of the municipal area, the municipality must decide whether to draw up building plans and whether other urban planning measures are to be taken (2) In drawing up the construction plans, the upper land-cleaning authority must examine whether it is necessary to initiate an industrial cleaning or other measures to improve the agricultural structure. (3) The municipality shall have the land cleaning authority and, if the measures are to improve the agricultural structure is to be carried out by other bodies in order to participate as early as possible in the preparatory work for the preparation of the construction plans. Unofficial table of contents

Section 188 Construction management and land cleaning

(1) If a parcel agreement is intended or is already arranged in a municipality pursuant to the Parcel Cleaning Act in a municipality, the municipality shall be obliged to draw up a plan for the construction of the land in good time, whether or not it is (2) The land cleaning authority and the municipality are obliged to ensure that their intentions concerning the territory of the municipality are as early as possible. to each other. The plans are to be changed only until the completion of the parcels agreement, if there is agreement between the land cleaning authority and the municipality, or if compelling reasons require the change. Unofficial table of contents

Section 189 Replacement of the replacement land

(1) Where an urban or forestry operation is used in whole or in part, the municipality shall also clarify with the owner of the holding whether he or she has any other agricultural or forestry operation. or country or forestry substitute country. If the holding in question is a settlement body within the meaning of the Reichssiedlungsgesetz (Reichssiedlungsgesetz), the competent settlement authority of the country is to be involved. (2) The municipality shall be responsible for the procurement or provision of suitable Substitute lands and make available to their own land as a substitute country, insofar as they do not need them for the tasks assigned to it. Unofficial table of contents

§ 190 Parcel agreement on the occasion of an urban development measure

(1) Where land or forestry land is used for urban planning measures, the municipality may, at the request of the municipality, with the consent of the higher administrative authority, be entitled to an application for land or forestry land in accordance with section 87 (1) of the German Law on the Protection of Land Law. Industrial cleaning procedures are initiated if the resulting loss of land is distributed among a wider circle of owners, or if the general state culture arising from the urban development measures is avoided. . The industrial cleaning procedure can already be arranged if a development plan is not yet legally binding. In this case, the development plan must have entered into force before the announcement of the corridor settlement plan (§ 59 paragraph 1 of the Parcel Cleanup Act). The municipality is the institution of the company within the meaning of § 88 of the Parland Cleansing Act. (2) The early execution of the maintenance plan according to § 63 of the Corridor Unification Act can already be ordered if the plan for the implementation of the plans for the land-management plan is known. (3) The admissibility of expropriation in accordance with the provisions of this Code shall remain unaffected even after the opening of the industrial cleaning procedure. Unofficial table of contents

Section 191 Rules relating to the transport of land and forestry land

In the territorial scope of a plan of development or of a remediation, the provisions relating to the transport of land and forestry land shall not be applied unless it concerns the divestment of the economic body agricultural or forestry operations or land listed in the land-use plan as land for agriculture or as a forest.

Third chapter
Other provisions

Part one
Value Determination

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Section 192 Committee of Gutachters

(1) Self-employed, independent expert committees shall be established for the determination of land values and for other valuations. (2) The expert committees shall consist of a chairman and honorary further reviewers. (3) The Chairpersons and other reviewers shall be knowledgeable and experienced in the identification of land values or other valuations and shall not be full-time with the administration of the land of the local authority, for the purposes of which: of the Committee of Gutachtersshall be referred to. A staff member of the competent financial authority, with experience in the tax assessment of land, shall be responsible for the determination of the ground guidelines and of the other data required for the determination of the value referred to in Article 193 (5), second sentence. (4) The expert committees shall serve a place of business. Unofficial table of contents

Section 193 Tasks of the Committee of Gutachterscommittees

(1) The advisory committee shall report on the traffic value of buildings and unfinished land, and on the rights of land, if:

1.

the competent authorities responsible for the implementation of this Code in the performance of the tasks referred to in this Code;

2.

the competent authorities responsible for determining the value of a land or the compensation for a property or a right to a property under other statutory provisions;

3.

the owners, the holders of equal rights, holders of other rights in the property and those entitled to the obligation, for whose part the value of the land is of importance, or

4.

Courts and judicial authorities

request it. (2) The expert committee may, in addition to the amount of the compensation for the loss of rights, also be able to report on the amount of compensation for other financial disadvantages. (3) The opinions shall have no binding effect unless otherwise specified or agreed. (4) A copy of the opinion shall be sent to the owner. (5) The advisory committee shall conduct a purchase price collection, evaluate it and identify it Down-to-earth values and other data required to determine the value of the value. The other data required for the determination of the value shall include, in particular:

1.

Capitalization rates, with which the traffic values of land are, on average, discounted in the market (real estate interest rates), for the different types of land, in particular rental housing land, business plots and mixed land used,

2.

factors for adjusting the facts to the respective situation on the land market (factors of property value), in particular for the land types of single and two-family houses,

3.

Conversion coefficients for the value ratio of basic items of otherwise similar nature, e.g. B. with varying degrees of construction use and

4.

Comparison factors for built-up land plots, in particular in relation to a space or unit area of the building plant (building factor) or on the sustainably achievable annual yield (yield factor).

The necessary data within the meaning of sentences 1 and 2 shall be communicated to the competent financial authorities for the purposes of the tax assessment. Unofficial table of contents

§ 194 Transport value

The value of the market value (market value) shall be determined by the price at the time when the investigation relates, in the ordinary course of business, in accordance with the legal conditions and the actual characteristics, the other nature and the characteristics of the goods. the location of the property or the other object of the valuation of the value would be achieved without regard to unusual or personal circumstances. Unofficial table of contents

§ 195 Purchase price collection

(1) For the management of the purchase price collection, any contract by which a person is obliged to transfer ownership of a property against payment, also by way of exchange, or to order a hereditary building law for the first time or again, from the to send a copy of the report to the Committee of Gutachtersshall be sent. This also applies to the offer and acceptance of a contract if it is assessed separately, and accordingly to the agreement before an expropriation authority, the expropriation decision, the decision on the anticipation of a decision in the (2) The purchase price collection may only be used by the competent tax office for the purpose of establishing a conversion plan, the decision on the establishment of a conversion plan, the decision on a simplified transfer and for the surcharge. (2) of taxation. Provisions in accordance with which documents or files are to be submitted to the courts or public prosecutors shall remain unaffected. (3) Information on the purchase price collection shall be provided in the case of a legitimate interest in accordance with the provisions of national law (§ 199 2 (4)). Unofficial table of contents

§ 196 Ground Direction Values

(1) On the basis of the purchase price collection, average positional values for the soil are to be determined, taking into account the different state of development (soil orientation values), in terms of area. In built-up areas, ground straightening values are to be determined with the value that would result if the soil were undeveloped. Indicative zones shall be formed, each of which shall include areas which are broadly in accordance with the type and extent of use. The value-influencing features of the ground straightening value plot are to be represented. The ground guidelines shall be determined at the end of each second calendar year, if a more frequent determination is not made. For the purposes of the tax assessment of the land ownership, soil guidance values shall be determined in accordance with supplementary provisions of the financial management at the respective principal date of determination or other time of determination. At the request of the authorities responsible for the implementation of this Code, soil guidelines for individual areas are to be determined in relation to a different date. (2) In an area, the quality of the soil has been determined by a development plan or Other measures have been amended in the next update of the land orientable values on the basis of the amended quality, also based on the value of the values at the time of the last main determination or the last other Determining the date of determination for tax purposes. The determination can be omitted if the competent tax office has waived it. (3) The ground guidelines must be published and communicated to the competent tax office. Anyone can request information from the office about the land guidelines. Unofficial table of contents

Section 197 Powers of the Committee of Gutachters

The Committee of Experts may request oral or written information from experts and persons who provide information on the property and, where that is necessary for the determination of cash benefits in the transfer procedure, compensatory amounts and the Expropriation compensation is required to make use of a plot of land to be used for comparison purposes. It may require that the owners and other holders of rights in a property provide the documents necessary for the management of the purchase price collection and for the assessment. The owner and the owner of the property shall be allowed to enter land for the evaluation of purchase prices and for the preparation of expert opinions. Dwellings may only be entered with the consent of the owner of the apartment. (2) All courts and authorities have to provide legal and administrative assistance to the expert committee. The financial authorities shall, upon request, give information to the Committee on Petitions on land where they are aware of the conditions of the land and for the purpose of determining compensatory amounts and compensation for expropriation and for the purpose of determining the conditions for the compensation of the property. Transport values and the data necessary for the determination of the value, including the ground guidelines, is required. The obligation to provide information does not exist, insofar as its fulfilment would be associated with a disproportionate effort. Unofficial table of contents

§ 198 Oberer Gutachterausschuss

(1) In the area of one or more senior administrative authorities, upper peer review committees or head offices shall be formed if more than two expert committees are formed in the area of the higher management authority. The regulations on the reviewers ' committees must be applied accordingly to the Obere Gutachtercommittees. (2) The Obere Gutachtercommittee or the Central Office of the Central Office have in particular the task to carry out supraregional evaluations and analyses of the To create the market in real estate, also in order to contribute to a nationwide market transparency. If, in accordance with paragraph 1, no expert committee or a central office is to be formed, the first sentence shall apply to the reviewers ' committees. (3) At the request of a court, the Obere Gutachtercommittee will have to report a top report, if any the opinion of a peer review committee. Unofficial table of contents

§ 199 Empowerment

(1) The Federal Government is authorized, with the consent of the Federal Council, by means of a regulation on the application of the same principles in the determination of traffic values and in the derivation of the data required for the determination of the value of the value (2) The State Governments shall be authorized to act in accordance with the provisions of the law

1.

the training and action of the expert committees and the boards of directors and of the central offices, if not already done in this book, the participation of the reviewers and their exclusion on a case-by-case basis,

2.

the tasks of the Chairperson,

3.

the establishment and tasks of the office,

4.

the management and evaluation of the purchase price collection, the frequency of the determination of the ground level as well as the publication of the ground guidelines and other data for the determination of the value of the goods and the issuing of information from the purchase price collection,

5.

the transmission of data from the land cleaning authorities for the management and evaluation of the purchase price collection;

6.

the transfer of further tasks to the Committee of Gutachtercommittees and to the Oberen Gutachterausschuss and

7.

Compensation of the members of the Committee of Gutachterists and of the Oberen Gutachtercommittee

to the rules.

Part two
General rules; responsibilities; administrative procedures; planning

First section
General provisions

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§ 200 plots of land; rights of land; land registry

(1) The provisions of this Code which apply to land are also to be applied to parts of the land. (2) The provisions existing for the ownership of land are, in so far as this Code does not prescribe otherwise, (3) The congregation may, immediately or in the foreseeable future, cover areas that can be built up in maps or lists on the basis of a map, the corridor and parcel numbers, street names and information. to the plot size (Bauland Cataster). It may publish the areas in maps or lists, provided that the property owner has not objected. The municipality has publicly announced its intention to publish one month in advance, pointing out the right of appeal of the property owners. Unofficial table of contents

§ 200a Replacement measures

Representations for land to compensate for and to compensate for land or measures to compensate for the purposes of Section 1a (3) shall also include replacement measures. A direct spatial relationship between intervention and compensation is not necessary, insofar as this is compatible with an orderly development of urban development and the objectives of spatial planning, as well as of nature conservation and the maintenance of the landscape. Unofficial table of contents

§ 201 Concept of agriculture

Agriculture within the meaning of this Code is, in particular, arable farming, grassland and pasture, including livestock farming, provided that the food is predominantly on agricultural land belonging to the agricultural holding. the production of horticultural crops, the construction of the labour market, the wine-growing sector, professional beekeeping and the professional inland fishing industry. Unofficial table of contents

Section 202 Protection of the motherland

Motherland, which is lifted during the erection and modification of construction plants as well as substantially other changes of the earth's surface, must be preserved in the usable state and protected from destruction or deferment.

Second section
Responsibilities

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Section 203 Deviating Jurisdiction

(1) The Land Government or the authority designated by it may, in agreement with the municipality, determine by means of a decree law that the tasks referred to in this Code shall be transferred to another local authority (2) The tasks of the municipalities in accordance with this Code may be carried out by national law on associations of associations, administrative communities or comparable legal associations of Municipalities which, according to local law, have local self-management tasks of Community oblies, transferred. In the Land Law, it is necessary to regulate how the municipalities participate in the performance of tasks. (3) By means of a decree law, the Land Government can apply the tasks assigned to the higher administrative authority under this Code to other public authorities, (4) Underlie the planning areas of common land use plans (§ 204) or land use plans and statutes of a planning association (§ 205) of the responsibility of different higher Managing authorities, the Supreme State Agency for the Decision in the Authorisation and assent procedures. If the areas of validity are in different countries, the Supreme State authorities will decide by mutual agreement. Unofficial table of contents

Section 204 Common land use plan, building management planning in the case of formation of planning associations and in the case of area or stock change

(1) Neighbouring municipalities shall set up a common land-use plan if their urban development is determined substantially by common requirements and needs, or if a common land-use plan is a fair one Compensation of the various concerns possible. A common land-use plan shall be set up in particular where the objectives of spatial planning or where facilities and installations of public transport, other facilities for development, and common needs or other follow-on facilities are concerned, require joint planning. The joint land use plan may only be jointly repealed, amended or supplemented by the municipalities concerned, and the municipalities may agree that the binding will only extend to certain spatial or factual subareas. Where joint planning is required only for spatial or factual sub-areas, an agreement between the participating municipalities on certain representations in their land use plans shall be sufficient in place of a common land-use plan. If the conditions for a joint planning as set out in the first and fourth sentences are no longer required, the participating municipalities may amend or supplement the land-use plan for their municipal area before the start of the building control plan procedure , the approval of the higher administrative authority is required. (2) Local authorities in their territory or stock are changed or the responsibility for establishing land use plans on associations or other communal bodies shall be transferred, shall apply without prejudice to any other provisions of national law Land use plans continue. This also applies to spatial and factual parts of the land use plans. The power and duty of the municipality, of an association or of any other body to repeal land-use plans in force or to supplement it for the new municipal area or to replace it with a new land-use plan shall remain (3) Procedures for establishing, amending, supplementing or repealing development plans may be continued in their respective status after an area or stock change has been made. The first sentence shall apply in the case of formation of planning associations and for concentrations according to Article 205 (6). The higher management authority may require certain procedural sections to be repeated. Unofficial table of contents

§ 205 Planning associations

(1) Municipalities and other public planning bodies can join together to form a planning association in order to achieve the compensation of the various interests by means of joint, combined construction planning. The planning association shall, in accordance with its statutes for the planning of the building and its implementation, take the place of the municipalities. (2) If an association pursuant to paragraph 1 does not come into effect, the parties may, at the request of a plan carrier, become a member of the planning authority. planning association, if this is urgently needed for the good of the general public. If the concentration is necessary for reasons of spatial planning, the application may also place the authority responsible for the country planning according to the country's law. The state government shall decide on the application. If planning bodies of different countries are involved, the merger will be carried out by agreement between the participating State governments. If the federal government or a federal agency or institution is to be involved in the planning association, the concentration will be concluded by agreement between the federal government and the state government, provided that the federal authority involved is responsible for the federal government. (3) If an agreement is not reached on the statutes or on the plan among the members, the competent authority of the state shall establish a Statutes or a plan and shall submit them to the planning association Decision-making. If the members do not agree on this statutes or plan, the state government shall fix the statutes or the plan. The fourth sentence of paragraph 2 shall apply accordingly. If the federal government or a federal agency or institution is involved in the planning association, the statutes or the plan shall be determined by agreement between the federal government and the federal government, provided that the participating authority of the federal government and the federal government is responsible for the According to the statutes, the Federal Government or the Federal Government or the institution of the establishment by the Land Government is contrary to the State Government. (4) In accordance with the statutes, the planning association may delegate the tasks of the municipality to which it is subject in accordance with the provisions of this Code. (5) The planning association shall be disbanded if the conditions for the the purpose of the joint planning is to be eliminated. In the event of a unanimous decision not to be resolved, the dissolution shall be ordered at the request of a Member under the conditions set out in the first sentence; moreover, paragraph 2 shall apply accordingly. After the dissolution of the planning association, the plans drawn up by it shall be deemed to be the building plans of the individual municipalities. (6) A merger under the law of purpose or by special national laws shall not be governed by these provisions. (7) Where the power to draw up the building control plans referred to in paragraphs 1 to 3 or 6 is delegated, the draft plans shall, on the basis of the reasons before the decision or the fixing referred to in paragraph 3, sentence 2 or 4, be the subject of the draft plans for the building plans. Municipalities for whose territory the Construction Management Plan is to be set up for opinion within appropriate time limit. § 3 (2) sentences 4 and 6 shall apply accordingly to the treatment of the suggestions made by the municipalities within the time limit. Unofficial table of contents

§ 206 Local and factual competence

(1) Local authority is the authority in the area of which the affected property is located. Where land belonging to the same owner is affected, whether locally or economically, and where such land is situated in the area of a number of competent authorities in accordance with this Code, the local authority shall: by the next higher authority. (2) If a higher administrative authority does not exist, the Oberste Landesbehörde (Higher Regional Authority) is also a higher administrative authority.

Third Section
Administrative procedures

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Section 207 Of the Office of the Office of the Representative

If a representative does not exist, the Court of Supervisors shall appoint a family court for an underage party at the request of the competent authority to appoint a right-and knowledgeable representative.

1.

for a party whose person is unknown or for a person whose participation is uncertain,

2.

for an absent party whose residence is unknown or whose stay is known, but which is prevented from obtaining his or her property,

3.

for a party whose residence is not within the scope of this Code, if he does not comply with the request of the competent authority to appoint a representative, within the time limit laid down by the latter,

4.

for the entire owner of the property or the owner in a fraction of the property, and for a number of holders of any other right in a property or on a right bearing the property, if the request of the competent authorities, a common representative, to be ordered, within the time limits set,

5.

in the case of non-ruthless land for the maintenance of the rights and obligations arising from the ownership of the property.

The rules laid down in the Civil Code for the Pflegschaft shall apply accordingly to the appointment and the office of the representative. Unofficial table of contents

Section 208 Injunctions for the investigation of the facts

The authorities may also arrange for the investigation of the facts to be carried out by the authorities

1.

appear to be involved in person,

2.

Documents and other documents to which a participant has referred,

3.

Mortgage, basic debt and pension debtors present the mortgage, basic debt and pension debt certificates in their possession.

In the event that a party does not comply with the order, a penalty payment of up to five hundred euros may be threatened and fixed. If a participant is a legal person or a non-fierce association of persons, the periodic penalty payment shall be threatened and fixed against the person entitled to represent the law or the statutes. Androhung and fixing can be repeated. Unofficial table of contents

Section 209 Pre-work on land

(1) Owners and owners must be allowed to enter land plots and measurements, soil and groundwater tests or similar measures to prepare the measures to be taken by the competent authorities in accordance with this code. Run work. The intention to carry out such works is to be known to the owners or owners. Dwellings may be entered only with the consent of the owner of the apartment. (2) In the event of a measure allowed under paragraph 1, the owner or owner shall have a direct asset disadvantage, for that purpose, the place which issued the order shall be: appropriate compensation in money; if an agreement is not reached on the compensation of the money, the higher administrative authority shall decide; the parties to the decision shall be heard before the decision. Where an expropriation authority has issued the contract, the applicant, in the interest of which the expropriation authority has taken action, shall provide compensation to the person concerned; if an agreement is not reached on the payment of the money, the applicant shall not be able to do so. the expropriation authority shall determine the compensation; the parties to the decision shall be heard before the decision. Unofficial table of contents

§ 210 Re-establishment

(1) If a participant was prevented from complying with a legal or legal basis for a procedural act without fault, he must be granted reinstatment in the previous stand upon request. (2) Die nach § § Article 32 (4) of the Administrative Procedure Law may, after re-establishment of a decision, replace a decision which would alter the new state of law brought about by the previous procedure, in the form of a compensation. to set up. Unofficial table of contents

Section 211 Instruction on legal remedies

The administrative acts adopted in accordance with this Code shall be accompanied by a declaration by which the person concerned shall have the right to appeal against the administrative act, the body in which the appeal is to be made and the time limit is being taught. Unofficial table of contents

Section 212 Pre-procedures

(1) The national governments may, by means of a decree law, determine that an administrative act adopted in accordance with the fourth or fifth part of the first chapter may not be challenged by application for a court decision pursuant to Section 217 only after its (2) The preliminary procedure is to be settled in accordance with the rules of the administrative court order. (2) If a preliminary procedure is provided for, the objection has to be found to:

1.

the transfer decision in accordance with section 47 (1),

2.

the publication of the unquestionability of the conversion plan pursuant to Section 71 (1) and

3.

the early possession instruction in accordance with § 77 or § 116

no suspensive effect. Section 80 (4) and (5) of the Administrative Court of Justice shall be applied accordingly. Unofficial table of contents

§ 212a Discharge of the suspender effect

(1) A third party's objection and challenge against the building-supervisory approval of a project have no suspensive effect. (2) objection and challenge against the assertion of the amount of the cost reimbursement according to § 135a (3) and of the compensatory amount pursuant to § 154 by the municipality shall have no suspensive effect. Unofficial table of contents

§ 213 Administrative Offences

(1) The offence is unlawful.

1.

, against better knowledge, makes inaccurate information or presents incorrect plans or documents in order to obtain a favourable administrative act or to prevent a burdensome administrative act;

2.

Nourish, plum or any other markings that serve, take, change, make unrecognizable or inaccurate prework;

3.

a binding fixed in a development plan pursuant to Article 9 (1) (25) (b) for planting and for the conservation of trees, shrubs and other plantings and of waters by the removal of such binding, essential affected or destroyed;

4.

A constructional facility within the scope of a conservation statutes (§ 172 (1) sentence 1) or a statutes relating to the implementation of urban restructuring measures (§ 171d para. 1) without authorisation to be redeveloped or changed.

(2) In the cases referred to in paragraph 1 (1) and (2), the administrative offence may have a fine of up to five hundred euro, in the case of paragraph 1 (3) with a fine of up to ten thousand euros and, in the case of paragraph 1, point 4, with a fine of up to Twenty-five thousand euros will be punished.

Fourth Section
Plan maintenance

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Section 214 Incompliance with the provisions relating to the establishment of the land use plan and the statutes; supplementary procedure

(1) An infringement of the procedural and formal requirements of this Code is only significant for the legal effectiveness of the land use plan and the statutes under this Code, if:

1.

Contrary to § 2 (3), the interests which the municipality had or should have been aware of, were not correctly identified or evaluated in essential respects, and if the defect was obvious and to the outcome of the investigation, the of the process of influence;

2.

§ 3 (2), § 4a (3) and 5 sentence 2, § 13 (2) sentence 1 no. 2 and 3 (also in connection with § 13a (2) no. 1), § 22 (9) sentence 2, § 34 (6) sentence 1 and § 35 (6) Sentence 5 has been infringed, although it is insignificant if, in the application of the provisions, individual persons, public authorities or other public authorities have not been involved, but the relevant matters were not significant, or in which: decision taken into account, or individual information on the types of environmental information , or the reference in accordance with § 3 (2) sentence 2 (2) sentence 2 (also in connection with § 13 para. 2 sentence 2 and § 13a para. 2 no. 1) has been missing, or in the application of § 13 para. 3 sentence 2, the indication that of an environmental assessment , or in the case of the application of Section 4a (3) sentence 4 or § 13 (also in conjunction with Section 13a (2) (1)), the conditions for the execution of the participation under these provisions have been disregarded;

3.

the provisions relating to the justification of the land use plan and the statutes and their designs have been infringed in accordance with § § 2a, 3 (2), § 5 (1) sentence 2 sentence 2 and section 5, section 9 (8) and section 22 (10); in this connection, it is insignificant if the The justification of the land use plan or the statutes or its draft is incomplete; notwithstanding the second half sentence, a breach of the environmental report shall be incontetable if the justification for this is only in insignificant respects is incomplete;

4.

a decision of the municipality on the land use plan or the statutes has not been taken, an authorisation has not been granted or the information for which the land use plan or the statutes has been published has not been reached.

If, in the cases of sentence 1, point 3, the statement of reasons is incomplete, the congregation shall, on request, give information when a legitimate interest is presented. (2) For the legal effectiveness of the building control plans, too, the municipality must also: Unrespectful, if

1.

the requirements for the establishment of an independent development plan (Section 8 (2) sentence 2) or the urgent reasons referred to in § 8 (4) for the preparation of a premature development plan have not been properly assessed;

2.

Article 8 (2), first sentence, has been infringed on the development of the development plan from the land-use plan, without prejudice to the orderly development of urban development resulting from the land-use plan;

3.

the development plan has been developed from a land-use plan, the ineffectiveness of which is found to be due to infringement of procedural or formal requirements, including § 6 after the publication of the development plan;

4.

has been infringed in parallel proceedings against Section 8 (3), without prejudice to the orderly development of the urban development sector.

(2a) In addition to paragraphs 1 and 2, for development plans drawn up in the accelerated procedure in accordance with Article 13a, the following shall apply:

1.

(dropped)

2.

The maintenance of the information in accordance with Section 13a (3) is incontetable for the legal validity of the development plan.

3.

If the determination that an environmental assessment is to be maintained is based on a preliminary examination of the individual case in accordance with § 13a (1) sentence 2 no. 2, the preliminary examination shall be deemed to have been carried out correctly if it is based on the requirements of § 13a (1) sentence 2 no. 2 , where it is insignificant if individual authorities or other public authorities have not been involved; otherwise, there is a legal validity of the development plan. considerable deficiency.

4.

The assessment that the reason for exclusion does not exist in accordance with Section 13a (1) sentence 4 shall be deemed to be applicable if the result is comprehensible and the development plan does not allow the admissibility of projects under column 1 of Appendix 1 to the Act on the The environmental impact assessment is justified; otherwise, there is a considerable shortcoming in the legal effectiveness of the development plan.

(3) The balance and legal situation shall be decisive for the consideration at the time of the decision on the land use plan or the statutes. Defects which are the subject of the regulation in the first sentence of paragraph 1 cannot be claimed as defects in the balance; moreover, defects in the weighing process are only significant if they appear to have an obvious effect on the weighing result of the weighing (4) The land use plan or the articles of association may also be brought into effect retroactively by means of a supplementary procedure for the correction of errors. Unofficial table of contents

§ 215 Deadline for the assertion of the violation of regulations

(1) Inconsiderable

1.

a breach of the procedural and formal requirements referred to in the first sentence of section 214 (1), first sentence, No. 1 to 3,

2.

a breach of the provisions relating to the relationship between the development plan and the land use plan, taking into account Article 214 (2); and

3.

In accordance with Section 214 (3) sentence 2, there are significant defects in the weighing process,

if they have not been made in writing within one year from the publication of the land use plan or the articles of association in relation to the congregation, in the light of the facts of which the infringement has been infringed. Sentence 1 shall apply mutatily if errors in accordance with section 214 (2a) are considerable. (2) On the entry into force of the land use plan or the statutes, the conditions for the assertion of the violation of regulations as well as the legal consequences thereof shall apply. . Unofficial table of contents

§ 215a

(dropped) Unofficial table of contents

Section 216 Tasks in the approval procedure

The obligation of the authority responsible for the authorisation procedure to verify compliance with the rules, the infringement of which, in accordance with sections 214 and 215, does not affect the legal effectiveness of a land use plan or a statute, remains unaffected.

Part Three
Procedure in front of the chambers (senates) for building land

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Section 217 Request for a court decision

(1) Administrative acts in accordance with the fourth and fifth parts of the first chapter and in accordance with § § 18, 28 (3), (4) and (6), § § 39 to 44, 126 (2), § 150 (2), § 179 (4), § § 181, 209 (2) or § 210 (2) may only be made by application Court decision is contested. The first sentence shall also be applied to other administrative acts on the basis of this code, for which the application of the second part of the fifth part of the first chapter is required or which is part of a procedure after the fourth or fifth part of the In connection with § 190 in connection with § 88 No. 7 and § 89 (2) of the Law on the Purification of the German Parcel Protection Act, the first chapter of the first chapter is issued. The application for a court decision may also seek the conviction for the adoption of an administrative act or for any other benefit, as well as a determination. The request shall be made by the Regional Court, Chamber of Construction Matters. (2) The request shall be submitted within one month from the date of notification of the administrative act to the body which issued the administrative act. If the usual publication of the administrative act is required, the application shall be submitted within six weeks from the date of the notice. If a preliminary procedure (section 212) has taken place, the period specified in the first sentence shall begin with the notification of the person who terminated the preliminary proceedings. (3) The request shall indicate the administrative act against which it is addressed. It shall contain the declaration of the extent to which the administrative act is contested and a specific request. It is intended to indicate the reasons and the facts and evidence used to justify the application. (4) The body which has adopted the administrative act shall submit the application with its files without delay to the competent regional court. If the procedure has not yet been completed, copies of the relevant documents shall be submitted instead of the files. Unofficial table of contents

Section 218 Re-establishment of rights in the previous stand

(1) If a participant was unable to comply with the period laid down in § 217 (2) without fault, he shall be granted restitute in the previous stand on request by the Regional Court, Chamber of Construction Matters, if he/she has requested the request for a court order. decision within two weeks after the removal of the obstacle and the facts which justify the reinstatement shall be made credible. The immediate appeal to the Higher Regional Court, Senate for Construction Matters, shall be taken against the decision on the application. After the end of a year, from the end of the missed period, the reinstatement can no longer be requested. (2) If the contested administrative act is an expropriation decision and the current state of law is already established by the new In the event of reinstatement, the court cannot repeal the expropriation decision and do not alter the object of the expropriation or the nature of the compensation. Unofficial table of contents

Section 219 Local jurisdiction of the District Courts

(1) Local authority is the district court in whose district the office which issued the administrative act has its registered office. (2) The state governments may, by means of a legal regulation, be able to negotiate and decide on requests for judicial proceedings. To grant a decision to a district court for the counties of several district courts, if the summary is relevant for the promotion or faster execution of the proceedings. The state governments can transfer this authorisation to the Land Justice Administrations. Unofficial table of contents

Section 220 Composition of the Chambers of Construction

(1) In the district courts, one or more chambers for building land are formed. The Chamber of Construction Matters decides in the occupation with two judges of the District Court, including the Chairman, as well as a full-time judge of a Administrative Court. The rules on the individual judges shall not apply. (2) The judges of the administrative courts and the representatives required in the event of their prevention shall be appointed by the Supreme State Authority responsible for administrative jurisdiction for a period of three years. Unofficial table of contents

Section 221 General procedural provisions

(1) In the cases pending before the courts on the basis of an application for a court decision, the provisions in force in the case of lawsuits in civil disputes shall be applicable in accordance with the provisions of Sections 217 to 231 of the Rules of Law. nothing else. Article 227 (3) sentence 1 of the Code of Civil Procedure shall not apply. (2) The Court of First Instance may also order, on its own account, the inclusion of evidence and, after hearing the parties, also take into account such facts which have not been brought forward by them. (3) If several requests for judicial decision are filed against the same administrative act, it shall be negotiated and decided at the same time. (4) The provisions relating to the advance payment of the fee for the proceedings in general pursuant to § 12 The first sentence of the first sentence and the second sentence of the Law on Legal Law shall not apply. Unofficial table of contents

Section 222 Participants

(1) Anyone who has been a party to the proceedings in which the administrative act has been adopted shall also be involved in the judicial proceedings if his rights or obligations may be affected by the decision of the court. (2) The application for a court decision shall be notified to the other parties referred to in the first sentence of paragraph 1, to the extent that they are known. (3) The parties concerned shall apply the provisions of the Code of Civil Procedure in force for the parties. § 78 of the Code of Civil Procedure applies in the proceedings before the District Court and the Higher Regional Court only for those involved who make applications in the main case. Unofficial table of contents

Section 223 Dispute of discretionary decisions

Insofar as the body issuing the administrative act is empowered to act at its discretion, the application may be based only on the fact that the decision is unlawful because the legal limits of the discretion are exceeded or at the discretion of the discretion in a manner not appropriate for the purpose of empowerment. This shall not apply to the extent that a claim has been made in the administrative act on a claim to a cash benefit. Unofficial table of contents

Section 224 Discharge of the suspenseding effect upon request for a court decision

The application for a court decision against

1.

the transfer decision in accordance with section 47 (1),

2.

the publication of the unquestionability of the conversion plan pursuant to section 71 (1),

3.

the early possession of the property in accordance with § 77 or § 116 and

4.

the assertion of the reimbursement of expenses in accordance with § 179 (4)

does not have a suspensive effect. Section 80 (5) of the Administrative Court is to be applied accordingly. Unofficial table of contents

Section 225 Early execution order

If only the amount of a compensation is still in dispute, the court may decide, at the request of the beneficiary of the expropriation, that the expropriation authority must order the execution of the decision to expropriate. The decision may determine that the beneficiary has to provide security for the amount of the dispute in dispute. The execution order may not be issued until the beneficiary of the expropriation has paid the committed compensation or has lawfully deposited the right of withdrawal without the right of withdrawal. Unofficial table of contents

Section 226 Judgment

(1) The application for a court decision shall be decided by a judgment. (2) If a request for a court decision concerning a claim for a cash benefit is deemed to be well founded, the court shall amend the administrative act. If, in other cases, an application for a court decision is deemed to be well founded, the Court of First Instance shall repeal the administrative act and, if necessary, pronounce that the body which issued the administrative act is obliged to take the place of the (3) The court may also amend an expropriation decision if the application for a court decision does not relate to a claim for cash benefit. In such a case, beyond the request of the person concerned who made the request for a court decision, it may also amend the decision of the expropriation, insofar as another party has requested it, and a modification of the decision shall be made to the Dismissive decision to the detriment of the person who made the request for a court decision not to be permitted. If an expropriation decision is changed, Section 113 (2) shall apply accordingly. In the case of Section 113 (5), if an expropriation decision is repealed or amended in respect of the subject-matter of the expropriation, the court shall inform the enforcement court of its judgment. (4) If only one of the requests is one or only one of them, the court a part of a request for final decision is ripe, the court shall only issue a partial judgment in this case if it appears necessary to speed up the procedure. Unofficial table of contents

Section 227 Secession of a participant

(1) If the party who made the application for a court decision appears in an oral hearing, it may also be possible to negotiate verbally if one of the other parties does not appear. An application submitted by a non-member party at a previous oral hearing may be decided on the basis of the file's file. (2) The person concerned who submitted the application for a court decision appears in a court of law in which the person concerned has submitted an application for a court decision. No date for the oral proceedings, any other party may request a decision on the situation of the files. (3) Sections 332 to 335, 336 (2) and 337 of the Code of Civil Procedure shall apply accordingly. Moreover, the provisions relating to the judgment of failure to comply shall not apply. Unofficial table of contents

Section 228 Costs of costs

(1) Insofar as the party concerned has obvicted the application for a court decision, if none of the parties has submitted any objection to the application in the main proceedings, in the application of the cost provisions of the (2) The court, at the request of the person concerned, shall decide on the reimbursement of the costs of a party which has not made a request for the main cause. Reasonable discretion. Unofficial table of contents

Section 229 appeal, complaint

(1) The Oberlandesgericht (Higher Regional Court), Senate for Construction Matters, in the occupation with two judges of the Oberlandesgericht (Oberlandesgericht), including the Chairman and a full-time judge of a Supreme Administrative Court, decides on the appeal and the appeal. Article 220 (1) sentence 3 and (2) applies accordingly. (2) The State Governments may, by means of a decree law, to negotiate and decide on the appeals and appeals against the decisions of the Chambers of Construction matters to a Higher Regional Court or to the supreme regional court for the districts of several Oberlandesgericht (Oberlandesgericht), if the summary is relevant for the promotion or more rapid execution of the proceedings. The national governments can transfer this authorisation to the Land Justice Administrations by means of a legal regulation. Unofficial table of contents

§ 230 Revision

The Federal Court of Justice decides on the revision. Unofficial table of contents

Section 231 Agreement

§ § 110 and 111 shall apply mutagentily to some of the parties involved during a court proceedings concerning expropriation. The court shall replace the expropriation authority. Unofficial table of contents

§ 232 Additional responsibility of the Chambers (Senate) for construction matters

The Länder may, by law, negotiate and decide on measures of expropriation and expropriation of the same interference as those referred to in Article 86 and shall be based on national law, by law of the Chambers and the Senates for Construction Matters, or shall be carried out in accordance with national law, and shall be transmitted via claims for compensation and shall declare the provisions of this part applicable.

Fourth chapter
Transfer and final provisions

Part one
Transfer rules

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Section 233 General rules of transfer

(1) proceedings under this Act which have been formally initiated before the entry into force of a legislative amendment shall be completed in accordance with the legislation currently in force, unless otherwise specified below. If the individual steps of the procedure prescribed by law have not yet been initiated, they may also be carried out in accordance with the provisions of this Act. (2) The provisions of the third chapter, Part Four, Part Four, Planning is also to be applied to land use plans and statutes which have entered into force on the basis of previous versions of this law. Without prejudice to the provisions of the first sentence, in the context of previous versions of this law, minor errors or ominous errors in the establishment of land use plans and statutes shall continue to apply to the legal effectiveness of these Land use plans and statutes indisrespectful. By way of derogation from the first sentence, for land use plans and statutes which have entered into force before the entry into force of the law, the provisions applicable before the entry into force of the amendment relating to the enforcement of infringement proceedings shall be: (3) Plans, statutes and decisions taken on the basis of previous versions of this Act, shall continue to apply. shall continue. Unofficial table of contents

Section 234 Rules on the transfer of pre-emption law

(1) For the right of pre-emption, the respective urban planning regulations applicable at the time of the sales fall shall apply. (2) Statutes which have been issued pursuant to Section 25 of the Federal Building Act shall be deemed to be statutes pursuant to section 25 (1) sentence 1 No. 2. Unofficial table of contents

Section 235 General rules for the transfer of urban development and development

(1) Urban rehabilitation and development measures adopted prior to the entry into force of a legislative amendment in accordance with the legislation currently in force at the start of preparatory investigations or preliminary investigations , by way of derogation from Section 233 (1), the provisions of this Act shall apply; completed procedural steps shall remain unaffected. However, if an urban development measure has been formally adopted before 1 July 1987, Sections 165 to 171 shall continue to be applied in the version in force until 30 April 1993, and shall be carried out in accordance with the objectives and objectives of this Directive; The purpose of such a development measure is to change the scope of the development measures regulation and to continue to apply § 53 in conjunction with § 1 of the Urban Development Law. (2) Is an urban planning reorganisation measure have been formally adopted before 1 January 1998 and shall be adopted in accordance with the In addition, the written consent of the congregation shall continue to be subject to the requirement for a partition to be excluded only in accordance with Section 144 (2) in the version valid up to 31 December 1997. In accordance with § 143 (2) sentence 1 to 3, the congregation has to immediately inform the Land Registry of remediation in the sense of the first sentence of sentence 1. (3) In the area in which the Basic Law has already been established before the 3. (4) Sanctions, which were made public before 1 January 2007, were not to be applied to decisions concerning the start of preparatory inquiries, which had been made known before 1 May 1993. shall be repealed by 31 December 2021 at the latest with the legal effects of Section 162 (1), first sentence, No. 4, unless a different deadline has been laid down in accordance with Section 142 (3) sentence 3 or 4 for the purpose of carrying out the remediation. Unofficial table of contents

Section 236 General rules for the transfer of works and the maintenance of construction equipment

(1) § 176 (9) applies to expropriation proceedings pursuant to Section 85 (1) no. 5 if the owner does not fulfil the obligation arising from a construction bid, which has been ordered after 31 May 1990. (2) § 172 (1) sentence 4 to 6 shall not apply to the Formation of partial and residential property, the registration of which has been requested before 26 June 1997. This also applies if a claim to the formation or transfer of partial and residential property was secured by a prior notice prior to 26 June 1997. Section 172 of the version in force as from 1 January 1998 shall also apply to statutes which have been published in a local language prior to 1 January 1998. Unofficial table of contents

Section 237

(dropped) Unofficial table of contents

Section 238 Compensation for compensation

If the amendment of § 34 of the Federal Building Act (Bundesbaugesetz) by the Act amending the Federal Building Act of 18 August 1976 repealed or substantially amended the permitted use of a property, compensation shall be provided in the following: the corresponding application of Sections 42, 43 (1), 2, 4 and 5 and Section 44 (1) sentence 2, paragraphs 3 and 4 shall be granted; this shall not apply insofar as a corresponding cancellation or cancellation is made at the time in which compensation may be required pursuant to § 44 (3) to (5) of the compensation. Amendment of the permitted use also in accordance with § 34 of the Federal Building Act (Bundesbaugesetz) in the version valid until 31 December 1976 could have occurred without the repeal or amendment pursuant to Section 44 of the Federal Building Act had been to be compensated in the version in force until 31 December 1976. If, as a result of the amendment to Section 34 of the Act of Europe Adaptation Act, the construction of 24 June 2004, the permitted use of a property is removed or substantially amended, the first sentence shall be applied mutas to the provisions of the first sentence. Unofficial table of contents

Section 239 Cross-border provision for the border management

If the municipality has taken the decision on the border control (Section 82 in the version valid before 20 July 2004) before 20 July 2004, the provisions of Part Two of the fourth part of the first chapter shall be adopted before 20 July 2004. shall continue to apply. Unofficial table of contents

§ § 240 and 241 (omitted)

- Unofficial table of contents

Section 242 General rules for the transfer of information

(1) No contribution may be made to existing development facilities for which a duty to pay could not result from the provisions in force until 29 June 1961. (2) Insofar as 29 June 1961 to the extent that the provisions of the Code of Fulfilment of long-term contracts or other agreements, in particular on the collection of funds for road construction in road construction funds or on special accounts, the countries can implement their settlement by law (3) § 125 (3) shall also apply to development plans, which shall be applied before 1 July 1987 in (4) Paragraph 127 (2) (2) shall also apply to transport facilities which have been definitively established before 1 July 1987. If, before 1 July 1987, an obligation to pay contributions was made according to national law, it remains. (5) For a children's playground, an obligation to pay contributions is already required on the basis of the provisions in force before 1 July 1987 (§ 127 para. 2 Nos. 3 and 4 of the German law). Federal Building Act), this remains the case. The municipality shall, in whole or in part, depart from the collection of the final contribution if it is offered on the basis of local circumstances, in particular taking into account the utility of the children's playground for the general public. Sentence 2 shall also apply to contributions incurred before 1 July 1987, if:

1.

the contribution has not yet been paid or

2.

it has been paid, but the letter of contributions has not yet become undisputed.

(6) Paragraph 128 (1) shall also apply if the change-over plan (Section 66 of the Federal Building Act) or the pre-regulation (Section 76 of the Federal Building Act) has been made public before July 1, 1987 (Section 71 of the Federal Building Act). (7) Is before 1 July In 1987 the decision on the payment of the contribution for agricultural land (Section 135 (4) of the Federal Building Act) has been decided and the decision has not yet become indisputable, Article 135 (4) of this Code is to be applied. (8) § 124 (2) Sentence 2 in the version valid up to 21 June 2013 is also subject to cost agreements in , to apply the development contracts concluded before 1 May 1993. Article 129 (1), third sentence, shall continue to apply to these contracts. (9) For installations or parts of installations in the territory referred to in Article 3 of the Agreement, which have already been established before the date of entry into force of the accession. , a contribution may not be levied under this Act. [0060] Already produced closing systems or parts of the closure systems are the finishing plants or parts of the closure systems which have been completed in accordance with a technical extension program or in the local design of the building. Benefits which have been provided by contributors for the manufacture of closure installations or parts of installations shall be set off against the contribution of the final contribution. The national governments are authorized to adopt, if necessary, transfer regulations by means of a legal regulation. Unofficial table of contents

Section 243 Code of transfer for the Act on the Law of the Construction Code and the Federal Nature Protection Act

(1) § 233 is to be applied in accordance with procedures, plans, statutes and decisions which have been initiated, entered into force or have become effective on the basis of the Act of Measures of the Construction Code. (2) In the case of a construction-control plan procedure which is With effect from 1 January 1998, the system of intervention under the German Federal Nature Protection Act (Bundesnaturschutzgesetz) can continue to apply in the version valid until 31 December 1997. Unofficial table of contents

Section 244 Code of leftiation for the Law on Adaptation of the European Law

(1) By way of derogation from Section 233 (1), procedures for building plans and statutes pursuant to § 34 (4) sentence 1 and section 35 (6), which have been formally initiated after 20 July 2004 or which are concluded after 20 July 2006, shall be followed by the following procedures: (2) By way of derogation from paragraph 1, the land-use planning procedures which have been formally initiated between 14 March 1999 and 20 July 2004 and which are completed before 20 July 2006 shall be subject to the provisions of this law. The provisions of the Civil Code continue to apply in the version in force before 20 July 2004. If the individual procedural steps required by law have not yet been initiated, they may also be carried out in accordance with the provisions of this Act. (3) § 4 (3) and (4c) apply only to building control plans which are referred to in paragraph 1 or 2 after (4) (3) (5) The congregations may, by statute, repeal statutes which have been adopted on the basis of § 19 in the version in force before 20 July 2004. The congregation has to make known these statutes in a customary manner; it may also carry out the notice in the appropriate application of § 10 (3) sentence 2 to 5. Without prejudice to the provisions of sentences 1 and 2, statutes shall not be applied on the basis of § 19 in the version in force before 20 July 2004. The municipality has to draw attention to the non-applicability of these statutes until 31 December 2004 by means of a standard publication. The congregation has the basic office to request deletion of an objection prompted by it in accordance with § 20 (3) in the version in force before 20 July 2004. (6) For a version valid on the basis of § 22 in the version valid before 20 July 2004 § 22 in the version valid before 20 July 2004 shall continue to be applicable until 30 June 2005. Article 22 of the Statute shall be applied to the Articles of Association if, before the expiry of 30 June 2005, a communication of the municipality has been received by the municipality before the end of 30 June 2005. If the communication does not take place in due time with respect to the statutes, the articles of association shall no longer be applicable to the transactions which it covers. A suspension of the testimony pursuant to section 22 (6) sentence 3 in the version in force before 20 July 2004 is effective until 30 June 2005 at the latest. The building approval authority shall have the land registry for the deletion of any of it pursuant to § 20 (3) in the version valid before 20 July 2004 or on the basis of sentence 1 or 4 in conjunction with Section 20 (3) of the version in force prior to 20 July 2004 (7) § 35 (5) sentence 2 shall not apply to the admissibility of a project which shall change the use of a project. (7) The provisions of the , the content of which has been accepted for the period prior to 20 July 2004 has been made. Unofficial table of contents

Section 245 General rules for the transfer of urban areas, the social city and the promotion of urban development measures

(1) From a municipality to 20 July 2004, with regard to the administrative arrangements for the granting of grants from the federal government to the Länder pursuant to Article 104a (4) of the Basic Law, as amended by 20 July 2004, in respect of Promotion of urban planning measures as well as an urban development concept developed for this purpose the municipality is considered to be a urban conversion area and urban development concept within the meaning of § 171b. (2) A from the municipality to 20 July 2004 with regard to the administrative arrangements on the granting of financial assistance from the Federal Government to the Länder pursuant to Article 104a (4) of the Basic Law in its version for the promotion of urban development measures in force until 20 July 2004 for measures taken by the Social City, and a concept of the municipality established for this purpose is considered to be an area and development concept within the meaning of § 171e. (3) For the administrative arrangements for the promotion of urban development measures up to 1 September 2006, Federal financial assistance to the Länder in accordance with Article 104a (4) of the Basic Law in its As of 1 September 2006, § 164b is to be applied in its version valid until 12 September 2006, until 31 December 2019. Unofficial table of contents

Section 245a Code of transfer on the occasion of the law on strengthening the internal development in the cities and municipalities and further development of the urban development law

(1) The rules on the admissibility of facilities for childcare and installations for the use of solar radiation energy and combined heat and power plants in § 3 (2) (2) and (14) (3) of the Baunutzungsverordnung (Baunutzungsverordnung) in the period from 20 September to the following year In 2013, subject to the provisions of sentence 2 and paragraph 2, the version shall also apply to development plans which have entered into force in a version prior to 20 September 2013 on the basis of the Baunutzungsverordnung (Baunutzungsverordnung). Sentence 1 shall not apply in relation to childcare facilities where, before 20 September 2013, the exceptional admissibility of these installations pursuant to Section 3 (3) (2) of the Baunuration Regulation shall apply in the period from 27 January 1990 to 20 September 2013. (2) The provisions of § 3 (2) (2) and § 14 (3) of the Baunutzungsverordnung (Baunutzungsverordnung) apply in the period from 20 September 2013 in force. Referral in conjunction with paragraph 1, first sentence, of the admissibility of facilities for childcare and of Installations for the use of solar radiation energy and of combined heat and power plants may be restricted or excluded by amending the development plans in accordance with the provisions of the Baunutzungsverordnung (Baunutzungsverordnung); the provisions of this Regulation shall apply: to apply this Code of Construction of the Construction Management Plans, including § § 14 to 18. The procedure for the modification of development plans according to the first sentence may be initiated before 20 September 2013. (3) Representations in land use plans, which shall be taken before 20 September 2013 with regard to construction plants for animal husbandry within the meaning of § 35 Paragraph 1 (4), the legal effects of Article 35 (3), third sentence, have also been brought about by these legal effects in respect of construction plants for animal husbandry within the meaning of Section 35 (1) (4), as amended on 20 September 2013. If a continuation of the legal effects according to sentence 1 contradicts the original planning objective, the municipality shall establish this in a decision which is to be made known in the usual manner. The usual publication of the decision shall be deemed to be repealed and the plan for land use shall be adjusted by way of correction. (4) As far as authorisation decisions are made on installations for animal husbandry, as defined in Article 35 of the Decision. Paragraph 1 (4) shall be subject to an application to the competent authority before the end of 4 July 2012, in accordance with Section 35 (1) (4), in its version valid until 20 September 2013. Unofficial table of contents

Section 245b General rules for transfer of projects in the external field

(1) (omitted) (2) Countries may choose not to apply the period in accordance with Article 35 (4) sentence 1 (1) (c). Unofficial table of contents

§ 245c

(dropped)

Part two
Final provisions

Unofficial table of contents

Section 246 Special arrangements for individual countries; special arrangements for refugee accommodation

(1) In the Länder of Berlin and Hamburg, the authorisations or consents provided for in § 6 (1), § 10 (2) and § 190 (1) shall be deleted; the Land of Bremen may determine that such authorisations or consents may be dispensed with. (1a) The Länder may determine that development plans, which do not require approval, and statutes pursuant to § 34 (4) sentence 1, § 35 (6) and § 165 (6) before their entry into force of the higher administrative authority are to be reported; this does not apply to development plans according to § 13. The higher management authority shall assert the infringement of any legislation which would justify a failure to approve the authorisation pursuant to Section 6 (2) within one month after receipt of the notification. The development plan and the statutes may only be put into effect if the higher administrative authority does not assert the infringement of legislation within the time limit referred to in sentence 2. (2) The Länder Berlin and Hamburg determine the form of legislation to replace the statutes provided for in this Code. The Land of Bremen can make such a provision. The Länder of Berlin, Bremen and Hamburg may apply a regulation which deviates from § 10 (3), § 16 (2), § 22 (2), § 143 (1), § 162 (2) sentences 2 to 4 and § 165 (8). (3) § 171f is also applicable to legislation of the countries which are (4) The Senate of the Länder of Berlin, Bremen and Hamburg is authorized to adapt the provisions of this Code of Law on the responsibility of authorities to the special administrative structure of their countries. (5) The Land Hamburg also applies to the application of this Code as a congregation. (6) (omitted) (7) The Länder may determine that the first sentence of Article 34 (1) to 31 December 2004 shall not apply to shopping centres, large-scale retail establishments and other large-scale commercial establishments within the meaning of Article 11 (3) of the Baunurment Regulation. § 238 shall apply mutas. (8) Until 31 December 2019, § 34 (3a) sentence 1 shall apply mutatily for the use of the property. (9) Until 31 December 2019, the following shall apply to the building of a building, office or administrative building, which is lawfully used for the purposes of accommodation of refugees or asylum seekers, and for their extension, modification or renewal. Pursuant to Section 35 (4), first sentence, for projects relating to the accommodation of Refugees or asylum-seekers shall be used if the project is to be carried out in the immediate spatial context with built-up areas within the settlement area to be assessed in accordance with § 30 (1) or § 34. (10) Until 31 December 2019 may be used in Industrial areas (§ 8 of the Baunurization Ordinance, also in conjunction with § 34 (2)) for reception facilities, community accommodation or other accommodation for refugees or asylum seekers exempt from the provisions of the Bebauplan where facilities for social purposes are admitted to the site as an exception may or may be permitted in general, and the derogation shall be compatible with public concerns, even with a view to repudiating neighbourly interests. § 36 shall apply accordingly. Unofficial table of contents

Section 246a flood-prone areas, flood-prone areas

On the occasion of the re-announcement of a land use plan according to § 6 paragraph 6, the territories referred to in § 5 (4a) shall be taken over and recorded in accordance with the provisions of this provision. Unofficial table of contents

§ 247 Special arrangements for Berlin as the capital of the Federal Republic of Germany

(1) In the drawing up of building plans and other statutes according to this Code, the consideration of the issues arising from the development of Berlin as the capital of Germany and the requirements of the constitutional institutions of the Federal Republic of Germany shall be considered as a basis for consideration. for the performance of their tasks. (2) The concerns and requirements referred to in paragraph 1 shall be discussed in a joint committee between the Federal Government and Berlin. (3) If there is no agreement in the committee, it may be possible to: the constitutional bodies of the federal government determine their requirements independently; have to take into account an orderly urban development of Berlin. The construction guidelines and other statutes in accordance with this Code shall be adapted in such a way as to take appropriate account of the requirements identified. (4) The constitutional bodies of the Confederation shall have requirements in accordance with the first sentence of paragraph 3. (5) (6) (omitted) (7) The development of the building plan or the statutes shall be drawn up in accordance with the provisions of this Code. Parliament and government departments in Berlin correspond to the aims and purposes of a (8) In the context of approval, consent or other procedures for projects of the constitutional bodies of the Federal Republic of Germany, it is possible to exercise discretion or to carry out assessments or assessments. take account of the requirements established by the constitutional institutions of the Federal Republic in accordance with paragraph 3 with the weight to which they are entitled in accordance with the Basic Law. Paragraph 2 shall apply accordingly. Unofficial table of contents

Section 248 Special arrangements for the economical and efficient use of energy

In areas with development plans or statutes pursuant to § 34 (4), first sentence, point 2 or 3, measures on existing buildings for the purpose of energy saving are minor deviations from the fixed dimensions of the building use, the construction method and the surface area that can be overbuilt, to the extent that it is compatible with neighbourly interests and building cultural concerns. The first sentence shall apply to installations for the use of solar radiation energy in, on and on roof and outer wall surfaces. In the districts built up in the context, the sentences 1 and 2 shall apply in accordance with the requirements of the insertion in the specific nature of the surrounding area (Article 34 (1), first sentence). Unofficial table of contents

Section 249 Special arrangements for wind energy

(1) Where additional areas for the use of wind energy are presented in a land use plan, it does not follow that the existing representations of the land use plan to achieve the legal effects of Section 35 (3) sentence 3 are not are sufficient. Sentence 1 shall apply in accordance with the modification or cancellation of representations to the extent of the building's use. Sentences 1 and 2 shall apply to development plans developed from the representations of the land-use plan. (2) In accordance with Article 9 (2), first sentence, point 2, it may also be determined that the wind turbines fixed in the development plan shall also be fixed. shall be admissible only if it is ensured that, after the construction of the wind turbines fixed in the development plan, other wind energy plants referred to in the development plan shall be within a reasonable time limit to be determined in the construction plan shall be restored. The locations of the wind turbines to be returned may also be located outside the land area or outside the municipal area. Representations in the land use plan, which have the legal effects of § 35 (3) sentence 3, may be connected with provisions corresponding to sentences 1 and 2 with effect for the admissibility of the wind energy plants in accordance with § 35, paragraph 1, point 5. (3) By 31 December 2015, the Länder may determine national laws to be promulgated that Section 35 (1) (5) shall apply to projects which are used for the exploration, development or use of wind energy only if they are subject to a specific Observe the distance to the permitted constructional uses specified in the Land Act. The details, in particular for the purpose of determining the distance and the effects of the fixed distances on expultions in current land use plans and spatial planning plans, shall be laid down in the Land laws as set out in the first sentence. The Länder may also allow deviations from the stipulated intervals in the Land laws according to the first sentence. Unofficial table of contents

Appendix 1 (to § 2 para. 4, § § 2a and 4c)

The environmental report according to § 2 (4) and § 2a sentence 2 no. 2 consists of

1.

an introduction with the following information:

a)

a brief description of the content and the main objectives of the blueprint, including the description of the plan's findings, including information on the location, type and extent of the plan, and the needs for the ground and the floor of the planned projects; and

b)

a presentation of the environmental protection objectives set out in relevant technical legislation and technical plans, which are relevant to the building plan, and the way in which these objectives and environmental concerns have been taken into account in the drawing up;

2.

a description and assessment of the environmental impact identified in the environmental assessment in accordance with Article 2 (4) sentence 1, with the information provided by the

a)

to take stock of the relevant aspects of the current state of the environment, including the environmental characteristics of the areas likely to be significantly affected,

b)

Prognosis on the development of environmental status in the implementation of planning and in the event of non-implementation of planning,

c)

planned measures to prevent, reduce and compensate for the adverse effects and

d)

other possible planning options, taking into account the objectives and the territorial scope of the building plan,

3.

the following additional information:

a)

a description of the main characteristics of the technical procedures used in the environmental assessment, as well as the difficulties encountered in compiling the information, such as technical gaps or a lack of knowledge,

b)

Description of the planned measures to monitor the significant impact of the implementation of the building plan on the environment and

c)

a general summary of the information required under this Annex.

Unofficial table of contents

Appendix 2 (to § 13a (1) sentence 2 no. 2)

(Fundstelle: BGBl. I 2006, 3316;
with regard to of the individual amendments. Footnote)

The following criteria shall apply to the extent to which reference is made to Appendix 2.

1.

Characteristics of the development plan, in particular with regard to:

1.1

the extent to which the development plan sets a framework within the meaning of Section 14b (3) of the Environmental Impact Assessment Act;

1.2

the extent to which the building plan influences other plans and programmes;

1.3

the importance of the development plan for the integration of environment-related, including health-related considerations, in particular with a view to promoting sustainable development;

1.4

the environmental, including health-related problems, relevant to the development plan;

1.5

the importance of the development plan for the implementation of national and European environmental legislation.

2.

Characteristics of the possible effects and of the likely affected areas, in particular with regard to:

2.1

the probability, duration, frequency and reversibility of the effects;

2.2

the cumulative and transboundary nature of the effects;

2.3

the risks to the environment, including human health (for example in the case of accidents);

2.4

the extent and spatial extent of the impact;

2.6

the importance and sensitivity of the area likely to be affected by reason of the specific natural features, the cultural heritage, the intensity of the land use of the area, taking into account the exceedance of environmental quality standards and limit values;

2.5

the following areas:

2.6.1

Natura 2000 sites pursuant to Section 7 (1) (8) of the German Federal Nature Protection Act,

2.6.2

Nature reserves in accordance with § 23 of the Federal Nature Protection Act, unless already covered by point 2.6.1,

2.6.3

National park according to § 24 of the Federal Nature Protection Act, insofar as not already covered by point 2.6.1,

2.6.4

Biosphere reserves and protected landscape areas according to § § 25 and 26 of the German Federal Nature Protection Act,

2.6.5

Legally protected biotopes according to § 30 of the German Federal Nature Protection Act,

2.6.6

Water protection areas according to § 51 of the German Water Resources Act (Wasserhaushaltsgesetz), health-protection areas according to § 53 (4) of the German Water Resources Act and flood areas according to § 76 of the German Water Resources Act,

2.6.7

areas where the environmental quality standards laid down in European Union legislative acts have already been exceeded,

2.6.8

Areas with a high population density, in particular central locations within the meaning of § 2 para. 2 No. 2 of the Spatial Planning Act,

2.6.9

in official lists or maps, listed monuments, monument ensembles, land monuments or areas classified as archaeological sites by the National Monuments Protection Authority.