Building Code

Original Language Title: Baugesetzbuch

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Building Code (BauGB)

Non-Official Table of Contents

BauGB

Date of expiry: 23.06.1960

Full quote:

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

:Recaught by Bek. v. 23.9.2004 I 2414;
Last modified by Art. 1 G v. 20.11.2014 I 1748

See Notes

Footnote

(+ + + Text credits: 1.8.1979 + + +)
(+ + +)
for details on the stand. Changes due to EinigVtr cf. § 246a + + +)

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

Content overview

First Chapter
General Urban Design
First part
Construction management planning ..........................
First Section
General Rules
The task, term, and principles of the building control planning§ 1
 Supplementary Environmental Protection Regulations§ 1a
Lineup of the building control plans§ 2
Statement of reasons for the design of the building plan, environmental report § 2a
Public Participation§ 3
Authorities ' participation§ 4
Common rules on participation§ 4a
Enclosure of a Third§ 4b
Monitoring§ 4c
Second section
Prepre-site builder plan (land use plan)
land-use plan content § 5
Space usage plan approval§ 6
Customization to the space usage plan§ 7
 
Third Section
Connection Building Plan (Bebauplan)
BebauPlan Purpose§ 8
BebauPlan Content§ 9
Regulation empowerment§ 9a
Decision, approval and entry into force of the Planting Plan§ 10
Fourth Section
Collaboration with Private; Simplified Method
Urban Contract§ 11
Projects- and development plan§ 12
Simplified procedure§ 13
Home development plans§ 13a
Second Part
Backup of the building control planning
First Section
Change lock and deferment of construction requests
Change lock§ 14
Backout of construction applications§ 15
 Decision on change lock§ 16
Change Lock Validity§ 17
Compensation for Change Lock § 18
Second Section
Split plots; areas with tourist functions
 Basic Split§ 19
(dropped) § 20
(omitted)§ 21
Backup of areas with tourist functions§ 22
(omitted)§ 23
Third section
Community legal pre-emption rights
General Right of Pre-Sales§ 24
Special pre-emption right§ 25
Exclusion of pre-emption right § 26
Use of the right to purchase§ 27
Performance of third party right of purchase§ 27a
Procedure and compensation§ 28
Third party Part
Regulation of constructional and other use; compensation
First section
Admissibility of Projects
Concept of project; legislation applicable§ 29
Admissibility of projects within the scope of a Bebauplan§ 30
 Exceptions and Liberations§ 31
Usage Restrictions on future common demand, transport, supply and green spaces§ 32
Admissibility of projects during the planning of the plan§ 33
Admissibility of projects within the context of the buildings Locational parts§ 34
outdoor building§ 35
Municipality and Higher Administrative Authority Participation§ 36
The federal and state construction measures§ 37
Construction measures of supercritical importance due to planning procedures; publicly accessible waste disposal facilities§ 38
Second section
Compensation
Trust damage§ 39
Compensation in money or through inheritance§ 40
Compensation for reasons of travel, driving and line rights and for planting bindings§ 41
 Compensation in case of change or cancellation of allowed usage§ 42
Compensation and procedure§ 43
Remuneration subject to compensation, and Deletion of the compensation claims§ 44
Fourth Part
Ground order
First section
Relaying
Purpose and scope§ 45
Responsibility and requirements § 46
Redesign decision§ 47
Collaborator§ 48
Legal succession§ 49
Disclosure decision notice § 50
availability and change lock§ 51
remodeling area§ 52
Inventory card and inventory directory§ 53
Notifications and Relaying note§ 54
Replacement mass and distribution mass § 55
Distribution Scale§ 56
 Distribution by Values§ 57
Distribution by Areas§ 58
Allocation and severance§ 59
Compensation and compensation for construction plants, plantings and other facilities§ 60
Revocation, modification and justification of rights§ 61
Community property; special legal relationships§ 62
transitioning from legal relationships to severance§ 63
cash benefits§ 64
deposit and distribution process § 65
Schedule and content of the change plan§ 66
transfer map§ 67
Relocation Directory§ 68
Redeployment Plan Notice, View § 69
Delivery Plan Delivery§ 70
Relocation plan entry into force§ 71
Effects of the notice§ 72
Change Schedule § 73
Rectification of public books§ 74
View in the change plan§ 75
Prepend the decision§ 76
Premature property statement § 77
Method and property costs§ 78
Lease and Offload Liberation§ 79
 
Second Section
Simplified relaying
Purpose, scope, responsibilities§ 80
cash benefits§ 81
Decision on simplified relaying§ 82
Announcement and legal effects of the simplified relaying§ 83
Rectification of public books § 84
Fifth Part
Enpropriation
First section
Admissibility of the expropriation
Enpropriation purpose§ 85
Subject of the expropriation § 86
Requirements for the admissibility of expropriation§ 87
Enpropriation for compelling urban planning reasons§ 88
 Obligating§ 89
Enpropriation of land on compensation in country§ 90
Replacement for withdrawn rights § 91
Scope, restriction and extent of expropriation§ 92
Second section
Compensation
Compensation policy§ 93
Compensation and indemnity obligated§ 94
Legal loss compensation§ 95
Compensation for other asset disadvantages§ 96
Treatment of the rights of the Side authorized§ 97
Debt Transition§ 98
Compensation in Money§ 99
Compensation in country§ 100
Compensation by granting other rights§ 101
Reappropriation§ 102
Reappropriation Compensation§ 103
Third Section
Enpropriation Procedure
Enteignungsbehörde§ 104
Enteignungsantrag§ 105
Participant§ 106
oral negotiation preparation § 107
Introduction of the expropriation procedure and the appointment of the appointment for oral proceedings; Expropriation note§ 108
Approval requirement§ 109
agreement§ 110
Part Agreement§ 111
The decision of the expropriation authority § 112
Enpropriation Decision§ 113
Run time period§ 114
Procedures for compensation by granting other rights§ 115
Premature Ownership instruction§ 116
Execution of the expropriation decision § 117
Relaying§ 118
 Distribution procedure§ 119
Repeal of the Expropriation Decision§ 120
Cost§ 121
Enforceable Title§ 122
 
Sixth Part
Development
First section
General Specifications
Closing Load§ 123
Enclosure obligation after rejected contract offer§ 124
Binding to the Bebauplan§ 125
Owner's duties § 126
Second section
Enclosure contribution
Collection of the Final contribution§ 127
Scope of the closing effort § 128
Contributable Enclosure Cost§ 129
Art of determining contributory revenue§ 130
scales for the distribution of the closing effort§ 131
Regulation by statute§ 132
Subject and creation of the contribution obligation § 133
Contributors§ 134
Contribution and payment of the contribution§ 135
Seventh Part
Measures for nature conservation
Obligations of the subcarrier; implementation by the municipality; reimbursement of costs§ 135a
Distribution scales for billing§ 135b
Statutes § 135c
Two chapter
Special Urban Development Law
First Part
Urban Sanation Measures
First Section
General Rules
Urban refurbishment § 136
Participation and participation of the people concerned§ 137
obligation to provide information§ 138
Participation and Participation of Public Task Carriers§ 139
 Second section
Preparation and execution
Preparation§ 140
Preliminary Investigations§ 141
Sanierungssatzung § 142
Announcement of remediation, remediation note§ 143
Approvals and legal actions to be approved§ 144
 Approval§ 145
Implementation § 146
Order measures§ 147
Construction Measures§ 148
Cost and Funding overview§ 149
Replacement for changes to facilities that are provided by public utilities § 150
Levies and offload exemption§ 151
Third section
Special remedial regulations
Scope § 152
Design of compensation and compensation benefits, purchase prices, relaying § 153
Owner compensatory amount§ 154
Anrechung to the balance amount, uncheck§ 155
Formal Definition Transfer Rules§ 156
Cost and Financing the remediation measure§ 156a
Fourth Section
Sanierbearers and other agents
Fulfilment of Tasks for the Community§ 157
Requirements for commissioning as remediation support§ 158
Fulfilment of tasks as a remediation carrier§ 159
Trust assets§ 160
Backup of Trust Assets§ 161
Fifth Section
Completion of refurbishment
Dealing of remediation replacement§ 162
Continuation of legal effects on individual plots§ 163
 Claim for Retransfer§ 164
Sixth Section
Urban Development Guide
Use of urban planning equipment§ 164a
Administrative Arrangement§ 164b
Second part
Urban development measures
Urban development Development Measures§ 165
Responsibility and Tasks § 166
fulfillment of tasks for the community; development agencies§ 167
Acquisition request§ 168
Special regulations for the urban development area§ 169
Special regulation for customization areas§ 170
Cost and financing of development action § 171
Third Part
Stadtumbau
Urban conversion§ 171a
Urban development area, urban development concept§ 171b
Stadtumbauvertrag§ 171c
Backup of implementing measures § 171d
Fourth Part
Social City
Actions of the Social City§ 171e
Fifth Part
Private Initiatives
Private initiatives on urban development, national law§ 171f
 
Sixth Part
Compliance Set and Urban Bids
 First Section
Compliance Set
Preservation of construction assets and the peculiar nature of areas (conservation statutes)§ 172
 Approval, Takeover claim§ 173
Exceptions § 174
Second Section
Urban Commandments
General§ 175
Construction Offering§ 176
Modernisation and Maintenance Offering§ 177
Plants§ 178
Reproduction and De-Seal Offer§ 179
Seventh Part
Social plan and hardness compensation
Social plan§ 180
Hardweight balancing§ 181
Achter Part
Miet and Pachtratios
Waiver of lease or lease ratios§ 182
Repeal of Miet or lease Lease relationships over unbuilt plots§ 183
Repeal of other contractual relationships § 184
Compensation for the cancellation of rental or lease relationships § 185
Renewal of lease or lease relationships§ 186
Neunter Part
Urban measures related to
actions to the Improvement of agricultural structure
Voting of measures; building management planning and measures to improve agricultural structure § 187
Construction control planning and flur-cleaning§ 188
Replacement Land Procurement§ 189
Parcel cleaning on the occasion of an urban planning measure§ 190
Regulations on the Transport with land and forestry land§ 191
Third Chapter
Other Rules
First Part
WerterDetermination
Gutachter Committee§ 192
Gutachter Committee Tasks§ 193
Traffic Value§ 194
Purchase Price Collection§ 195
Ground Direction Values§ 196
Gutachter Committee powers§ 197
Oberer Review Committee§ 198
Empowerment§ 199
Second part
General rules; Responsibilities; Administrative Procedures; Planerkeeping
First Section
General Rules
Plots; Rights of Land; Bauland Cadastre§ 200
Replacement § 200a
Concept of Agriculture§ 201
Mother floor protection§ 202
Second Section
responsibilities
Differing jurisdiction rule§ 203
Common land use plan, building management planning when planning associations are formed and in the case of area or stock change§ 204
Planning Associations§ 205
Local and factual responsibility§ 206
Third Section
Administrative Procedure
From Amts to Ordered Representatives§ 207
Facts Research Arrangements§ 208
Pre-work on land§ 209
Reinstatement§ 210
Guide to redress§ 211
 Pre-Procedure§ 212
Dissecting the deferent Effect§ 212a
Administrative Offences§ 213
Vated section
Planing
Incompliance with the violation of rules on the Creation of the land use plan and statutes; supplemental procedure§ 214
deadline for the Violation of rules§ 215
(omitted) § 215a
Tasks in Approval Procedure§ 216
Third part
Procedure in front of the Chambers (Senates)
for building land items
Request for court decision§ 217
Reinstatement to the previous stand§ 218
Local Jurisdiction of the Regional Courts§ 219
Composition of the Chambers of Construction Matters § 220
General procedural rules§ 221
Collaborator§ 222
Fishing of discretionary decisions§ 223
Deferment of the suspensing effect Request for court decision§ 224
Premature execution order § 225
verdict§ 226
 Participant's Summy§ 227
Cost of the Method§ 228
appeal, complaint§ 229
Revision§ 230
Agreement§ 231
Further jurisdiction of the Chambers (Senate) for Building land stuff§ 232
Fourth chapter
Submission and Final Provisions
First Part
Overline rules
General overhead rules § 233
Pre-emption law override§ 234
Overline rules for urban development and development measures§ 235
Overline rules for the construction and maintenance of construction assets§ 236
 (dropped)§ 237
Overline rule for Compensation§ 238
Cross-border rule for the border control § 239
(omitted)§ 240
 (dropped)§ 241
Overline rules for the Indexing§ 242
Code of transfer for the law on the law on the construction code and the law Federal Nature Protection Act§ 243
Code of leeway for the Law on Adaptation to Europe Construction§ 244
Regulations on the transfer of urban areas, social city and promotion Urban planning measures§ 245
Enforcement rules on the occasion of the law to strengthen the Internal development in cities and municipalities and further development of urban development law§ 245a
Outline rules for outside projects§ 245b
(omitted) § 245c
Part Part
Final rules
Special arrangements for individual countries; special arrangements for refugee accommodation § 246
flooded areas, flood-prone areas§ 246a
Special rules for Berlin as the capital of the Federal Republic of Germany§ 247
Special arrangements for the economical and efficient use of energy§ 248
 Wind Energy Special Rules§ 249
Appendix 1(to § 2 para. 4, § § 2a and 4c)
Attachment 2 (to § 13a para. 1 sentence 2 no. 2)

First chapter
General Urban Construction Law

First Part
Construction Guide

First Section
General Rules

unofficial table of contents

§ 1 Task, term and principles of building management planning

(1) The task of the building management planning is to use the land in the municipality to make use of the building and other properties. in accordance with the provisions of this Code.(2) Construction management plans 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 as far as the development and order of the urban development is required. There is no entitlement to the drawing up of building plans and urban planning statutes; a claim cannot be justified by contract either.(4) The building control plans shall be adapted to the objectives of spatial planning.(5) The building plans are intended to achieve sustainable urban development, which will also bring social, economic and environmental protection requirements into line with one another, and one for the benefit of the future generations. To ensure the universal use of land-based land use. They should help to ensure a humane environment, to protect and develop natural resources and to promote climate protection and adaptation, particularly in urban development, as well as the urban development of urban development. Shape and the image of the place and landscape to be preserved and developed in a cultural and cultural environment. To this end, the development of urban development is to be carried out primarily by means of internal development measures.(6) In particular, when drawing up the building plans, account should be taken of the following:
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 Preservation of socially stable population structures, the formation of ownership of the population and the requirements of cost-saving construction as well as the population development,
3.
the social and cultural needs of the population, in particular the needs of the families, the young, old and disabled people, different effects on women and men as well as the concerns of education and sports, leisure and recreation,
4.
the maintenance, renewal, further development, adaptation and rebuilding of existing Locals as well as the preservation and development of central supply areas,
5.
the concerns of the building culture, the preservation of monuments and the preservation of monuments, the values that are preserved Locals, streets and squares of historical, artistic or urban importance and the design of the location and landscape image,
6.
the churches of the churches and religious societies of public law, requirements for worship and pastoral care,
7.
environmental protection considerations, including the Nature conservation and landscape conservation, in particular
a)
the effects on animals, plants, soil, Water, air, climate and the impact of the landscape and biodiversity between them,
b)
the conservation objectives and the conservation objectives of the Natura 2000 network. 2000-Areas within the meaning of the Federal Nature Conservation Act,
c)
Environmental impacts on humans and their health as well as the population overall,
d)
Environmental impact on cultural assets and other materials,
e)
Prevention of emissions as well as the proper handling of waste and waste water,
f)
the use of renewable energies as well as the economical and efficient use of Energy,
g)
the representations of landscape plans and other plans, in particular the water, waste and immission rights,
h)
the maintenance of the best possible air quality in areas where the immission limits established by legal regulation to comply with European Union legislative acts are not
i)
the interactions between the individual environmental concerns according to the letters a, c and d
8.
the concerns
a)
of the economy, including of their medium-sized structure in the interest of a consumer-related supply of supplies to the population,
b)
agriculture and forestry,
c)
maintenance, backup and creation of workplaces,
d)
the post office and telecommunications,
e)
supply, in particular, energy and water, including security of supply,
f)
the backup of raw material occurrences
9.
the interests of people and goods traffic and the Mobility of the population, including local public transport and non-motorised transport, with particular reference to urban development geared to the prevention and reduction of traffic Development,
10.
The interests of defense 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 that it has adopted,
12.
the issues of flood protection,
13.
the concerns of refugees or asylum seekers and their Accommodation.
(7) In drawing up the building plans, the public and private interests must be weighed against each other and with each other fairly.(8) The provisions of this Code on the drawing up of building plans shall also apply to their amendment, amendment and repeal. Non-official table of contents

§ 1a Supplementary provisions on environmental protection

(1) The following provisions are set out in the preparation of the building plans to protect the environment.(2) The objective and the soil shall be dealt with in a sparse and gentle manner, in order to reduce the additional use of land for structural uses, in order to reduce the potential for the development of the municipality, in particular by making use of the land for reutilization of land. Use surfaces, post-compression and other internal development measures, as well as to limit soil sealing 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, Construction gaps and other post-compaction possibilities can count.(3) The avoidance and compensation of the landscape as well as the performance and functionality of the natural household in its components referred to in Article 1 (6) (7) (a) (intervention regulation) are likely to be significantly affected by the nature of the landscape. 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. shall be given. 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) Insofar as an area within the meaning of Section 1 (6) (7) (b) can be significantly impaired in its components relevant to the conservation objectives or the purpose of protection, the provisions of the Federal Nature Protection Act (Bundesnaturschutzgesetz) on the the admissibility and implementation of such interventions, including the collection of the opinion of the European Commission.(5) The requirements of climate protection should be taken into account both through measures to counteract climate change and by those which serve to adapt to climate change. The principle set out in the first sentence shall be taken into account in the weighing in accordance with Article 1 (7). Non-official table of contents

§ 2 List of Construction Guidelines

(1) The building plans are to be set up by the municipality on its own responsibility. The decision to draw up a building plan is to be known locally.(2) The construction plans of neighbouring municipalities shall 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 supply areas.(3) In the drawing up of the building control plans, the concerns which are of importance for the consideration (consideration material) must be identified and evaluated.(4) An environmental assessment shall be carried out for the protection of the environment in accordance with Article 1 (6) (7) and (1a), in which the likely significant environmental effects are determined and are described and evaluated in an environmental report; the plant 1 to this Code shall 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 requested 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. Non-official table of contents

§ 2a Statement of reasons on the draft building plan design, environmental report

The congregation has the draft of the To attach a justification to the development plan. In it, according to the state of the procedure
1.
, the objectives, purposes and significant effects of the Building management plan and
2.
in the environmental report according to Appendix 1 to this code, the concerns of the environmental protection
. The environmental report shall form a separate part of the explanatory statement. Non-official table of contents

§ 3 Public Participation

(1) The general public is as early as possible about the general objectives and purposes planning to publicly inform themselves of substantially different solutions which are eligible for the redesign or development of an area and the likely impact of the planning; To give discussion. Children and young people are also part of the public within the meaning of the sentence 1. The information and discussion can be waiver if
1.
sets up a building plan or and this does not affect the plan area and the neighbouring areas, or only insignificantly, or
2.
the information and discussion has already been made
The procedure referred to in paragraph 2 shall also be followed by the procedure referred to in paragraph 2, if the discussion leads to a change in the planning.(2) The draft plans shall be published in public on the basis of the explanatory statement and the relevant environmental statements, which are, in the light of the municipality's opinion, 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 in the decision-making on the building plan and, if a development plan is drawn up, that an application pursuant to Section 47 of the Administrative Court of Justice can be taken into account is inadmissible if only objections are made to it which have not been claimed or put forward by the applicant in the course of the interpretation, but could have been claimed. The parties involved in § 4 para. 2 shall be informed 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 can be made known in the usual manner. 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. Non-official table of contents

§ 4 Participation of the authorities

(1) The authorities and other institutions of public interest whose remit is to be covered by the In accordance with Section 3 (1) sentence 1, the first sentence of paragraph 1 shall be notified and shall also be requested for the purpose of expressing the necessary scope and level of detail of the environmental assessment in accordance with § 2 para. 4. The procedure referred to in paragraph 2 shall also be followed if the statement of opinion results in a change in the planning.(2) The municipality shall obtain the opinions of the authorities and other bodies of public interest whose area of responsibility may be affected by the planning, on the draft plan and on the grounds for the justification. They shall deliver their opinions within one month; the congregation shall adequately extend this period when there is 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 waste material, they shall have the information available to the municipality.(3) Following the completion of the procedure for drawing up the blueprint, the authorities shall inform the municipality where, in accordance with the findings available to them, the implementation of the construction management plan is likely to have significant adverse effects, in particular unforeseen adverse effects on the environment. Non-official table of contents

§ 4a Common rules on participation

(1) The rules on public and public participation serve in particular the full investigation and accurate assessment of the concerns and information provided by the planning.(2) The information in accordance with § 3 (1) may be carried out at the same time as the information 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 draft building plan is amended or supplemented in accordance with the procedure laid down in § 3 (2) or § 4 (2), it shall be re-interpreted and the opinions shall be re-consulted. 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. other institutions of public interest.(4) In addition, electronic information technologies can be used for public and public participation. In so far as the congregation cedes the design of the building management plan 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 pursuant to § 3 para. 2 and the Internet address; the notification may be made 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 to the other institution of public interest, at the request of the authority, a draft plan of construction and the justification; the second sentence of Article 4 (2) shall remain unaffected.(5) In the case of construction plans which may have a significant impact on neighbouring countries, the municipalities and authorities of the neighbouring state must be informed 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 Environmental Impact Assessment Act, comply with the provisions of the Law on Environmental Impact Assessment, including the , Where a cross-border participation is required in the case of a building control plan in accordance with the second sentence, it shall be pointed out in the notice referred to in section 3 (2) sentence 2.(6) Opinions which have not been submitted in good time in the procedure for participation in the public and public authorities may not be taken into account in the decision-making on the building plan, provided that the municipality did not know the content of such a plan and should not have been known and the content of which is not relevant to the legality of the building plan. 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. Non-official table of contents

§ 4b Inclusion of a third party

The congregation may, in particular, to speed up the construction control plan procedure To prepare and carry out process steps according to § § 2a to 4a to a third party. It may also transfer to a third party the implementation of a mediation or other non-judicial dispute settlement procedure. Non-official table of contents

§ 4c Monitoring

The municipalities monitor the significant environmental impacts that are caused by the implementation of the construction plans are in place to identify, in particular, unforeseen adverse effects at an early stage and to be able to take appropriate measures to remedy the situation. 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 Article 4 (3).

Second Section
Before you begin,

Non-official table of contents

§ 5 Content of the land use plan

(1) The land use plan is to represent the type of land use resulting from the intended development of the urban development in accordance with the foreseeable needs of the municipality in the broad guidelines for the entire community area. 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; The reasons for this shall be stated in the explanatory statement.(2) In particular, in the land use plan, you can see:
1.
the construction provided for the building Areas according to the general nature of their building use (construction sites), according to the special nature of their building use (construction areas) as well as according to the general level of construction use; Bauflächen, for which a central sewage disposal does not ,
2.
the equipment of the municipal area
a)
with facilities and facilities for the supply of goods and services of the public and private sector, especially those serving the general public, and Community facilities, 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 facilities, facilities and other measures that counteract climate change, in particular for the decentralized and central generation, distribution, use or storage of Electricity, heat or cold from renewable energy or cogeneration,
c)
with facilities, facilities and other measures to adapt to climate change
d)
with central utilities;
3.
the surfaces for the local transport and for local main trains;
4.
the areas for supply, for waste disposal and waste water disposal, for depositions as well as for main supply and main water lines;
5.
the green areas, such as parks, permanent crates, sports, play, tent and bathing areas, Cemeteries;
6.
the land for use restrictions or for measures to protect against harmful environmental effects in the sense of the Federal immission protection laws;
7.
the water areas, ports and the areas provided for the water industry, as well as the areas which are in the interest of the
8.
the areas for shaking, excavation, or for the extraction of stones, earths, and other mineral resources;
9.
a)
the areas for agriculture and
b)
forest;
10.
the areas for measures to protect, maintain and develop soil, nature and landscape.
(2a) Surfaces to compensate within the meaning of Section 1a (3) of the scope of the Land use plan can be fully or partially allocated to the areas where interventions in nature and landscape are to be expected.(2b) For the purposes of the third sentence of Article 35 (3), factual land use plans may be drawn up; they may also be drawn up for parts of the municipal territory.(3) In the land use plan, the following are to be identified:
1.
Surfaces, in the construction of which special constructional Precautions against external actions or for which special constructional safeguards against natural forces are required;
2.
Areas under which the mining industry , or for the extraction of minerals;
3.
land intended for use in buildings, the soils of which are heavily polluted with environmentally hazardous substances.
(4) Planning and other usage arrangements, which are laid down in accordance with other statutory provisions, as well as the 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 shall 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 of flooding which have not yet been established within the meaning of Section 76 (3) of the Water Resources Act and as risk areas within the meaning of Article 73 (1), first sentence, of the Water Resources Act are to be noted in the land use plan.(5) The land-use plan shall be accompanied by a justification containing the information provided for in section 2a.
Non-official table of contents

§ 6 Approval of the land use plan

(1) The land use plan requires the approval of the higher Managing authority.(2) The authorisation may be withheld only if the land use plan has not been properly concluded or if this code is contrary to the legislation adopted or otherwise provided for in this Code.(3) If grounds of failure cannot be removed, the higher management authority may withdraw the spatial or factual part of the land-use plan from the permit.(4) The authorisation shall be decided within three months; the higher managing authority may authorise the advance of spatial and factual parts of the land-use plan. 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 the reasons for the decision.(5) The granting of 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. Anyone can consult the land use plan, the explanatory statement and the summary statement and request information on the content of the plan.(6) With the decision to amend or supplement the land use plan, the municipality may also determine that the land use plan is to be republished in the version that it has undergone by the amendment or supplement. Non-official table of contents

§ 7 Adaptation to the land use plan

Public planning bodies that have been involved in accordance with § 4 or § 13 to adapt their plans to the land use plan in so far as they did not object 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 planning considerations 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,

Third Section
Connection Building Plan (Bebauplan)

name="BJNR003410960BJNE004505301 " />Non-official table of contents

§ 8 Purpose of the development plan

(1) The development plan contains the legally binding fixtures for the urban development plan Order. It forms the basis for further measures required to implement this code.(2) Development plans shall be developed from the land-use plan. A land-use plan is not required if the development plan is sufficient to order the development of the urban development.(3) The establishment, amendment, amendment or cancellation of a development plan may, at the same time, also establish, amend or supplement the land use plan (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 development plan may be set up, amended, supplemented or repealed before the land use plan is set up, if urgent reasons require it and if the development plan of the intended urban development of the Do not stand in the way of the municipal area (early Bebauplan). 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. Non-official table of contents

§ 9 Content of the building plan

(1) The development plan can be based on urban planning reasons:
1.
the type and measure of constructional use;
2.
the construction, the superstructible and the non-structurable land surfaces, as well as the location of the constructional facilities;
2a.
Dimensions of the depth of the spacing surfaces different from the right of construction;
3.
for the size, width, and depth the minimum dimensions of the building land and, for reasons of economical and gentle handling of land for residential building land, also maximum dimensions;
4.
the areas for Secondary installations required by other requirements 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.
the areas for the common needs as well as for sports and gaming facilities;
6.
the maximum number of apartments in residential buildings;
7.
the areas on which all or part of them only residential buildings, which could be promoted by means of social housing promotion, ,
8.
individual areas on which only residential buildings may be built, in whole or in part, for groups of persons with special residential needs
9.
the special use purpose of surfaces;
10.
the surfaces that are -to be kept free, and their use;
11.
the traffic areas and traffic areas of particular purpose, such as pedestrian areas, areas for parking of vehicles, surfaces for the parking of bicycles as well as the connection of other areas to the traffic areas; the areas may also be set as public or private areas;
12.
the supply areas, including the areas for facilities and facilities for the decentralized and central generation, distribution, use or storage of electricity, heat or cold from renewable energy or combined heat and power;
13.
the management of above-ground or underground supply systems and control lines;
14.
the areas for waste and sewage disposal, including the retention and seepage of rainwater, as well as for deposits;
15.
the public and private green spaces, such as parks, permanent shredded gardens, sports, play, tent and bathing areas, cemeteries;
16.
the water areas and the water management surfaces, for flood protection systems and for controlling the water flow;
17.
the surfaces for shaking, excavation, or for the extraction of stones, earths, and other mineral resources;
18.
a)
the areas for agriculture and
b)
forest;
19.
the spaces for the erection of assets for the Small animal husbandry 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.
on the basis of the rights of the general public, the public or a restricted group of persons with respect to the rights of the general public, the rights of the public or the persons concerned. polluting areas;
22.
the areas for community facilities for specific areas such as children's playgrounds, leisure facilities, pitches and Garages;
23.
Areas in which
a)
to protect against harmful environmental effects in the sense of the Federal Immission Control Act certain air pollutants are not used or used only to a limited extent ,
b)
certain structural and other technical measures for the production, use or production of certain other construction installations, or storage of electricity, heat or cold from renewable energy or combined heat and power
24.
to keep the building free from the construction of the building Protection areas and their use, 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 the protection against such effects or to the protection against such effects or to the protection against such effects or to the protection against such effects or to protect against such effects Prevention or reduction of such effects to be taken into account of structural and other technical measures;
25.
for individual areas or for a land area or parts thereof, as well as parts of construction installations other than those laid down for agricultural uses or forest
a)
the planting of trees, shrubs and other plantings,
b)
Bonds for planting and planting for the conservation of trees, shrubs and other plantings and of waters;
26.
the areas for shuffling, excavation and supporting walls, to the extent that: they are necessary for the production of the road body.
(1a) Surfaces or measures for compensation within the meaning of Section 1a (3) may be used on the land where interventions in nature and the countryside are to be expected, or in other places both in the other scope of the development plan as well as in another plan of development. 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; this shall also apply to measures taken on land provided by the municipality.(2) In special cases it may be determined in the development plan that certain of the constructional and other uses and installations laid down in it are limited to
1.
allowed for a period of time or
2.
allowed up to the entry of certain circumstances, or illegal
. The use of the following is to be determined.(2a) For the development of central areas (§ 34), a development plan can be carried out in order to maintain or develop central areas of supply, including in the interest of a supply of consumers close to consumers and the internal development of the communities. shall be determined that only certain species of the constructional uses permitted under section 34 (1) and (2) are admissible or not admissible, or may be permitted only by way of exception; the compositions may be fixed for parts of the territorial scope of the Bebauplan. 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 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 means of a development plan, the Installation is formally initiated.(2b) In the context of built-up districts (§ 34), a development plan, including for parts of the spatial scope of the development plan, may specify that amusement sites or certain types of amusement sites may or may not be permitted to: may be allowed or can only be admitted by way of exception to
1.
an impairment of residential use or other vulnerable installations such as churches, schools and day-care centres or
2.
an impairment of the urban development function of the area resulting from the existing use, in particular by means of a To prevent the urban development of amusement sites,
(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 taken separately, including where projectiles, plains and other parts of constructional installations are located below the surface of the ground are provided.(4) Countries may, through legislation, determine that rules based on national law may be included in the development plan as a fixed basis and to what extent the provisions of this Code shall apply to such provisions.(5) In the development plan, the following are to be marked:
1.
Surfaces, in the construction of which special constructional Precautions against external actions or for which special constructional safeguards against natural forces are required;
2.
Areas under which the mining industry
3.
Surfaces whose soils are heavily polluted with environmentally hazardous substances.
(6) Other Statutory provisions, common rules for connection and use forcing as well as memorials according to national law are to be incorporated in the BebauPlan, insofar as they are intended for their understanding or for the purpose of the Urban planning assessment of building applications is necessary or appropriate.(6a) Fixed flood 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 pursuant to section 76 (3) of the Water Resources Act and as risk areas within the meaning of Article 73 (1), first sentence, of the Water Resources Act are to be noted in the development plan.(7) The Bebauplan shall set the limits of its territorial scope.(8) The development plan shall be accompanied by a justification containing the information in accordance with § 2a. Non-official table of contents

§ 9a Regulation authorisations

The Federal Ministry of Transport, Building and Urban Development is authorized, with the consent of Federal Council of the Federal Republic of Germany by means of legal decree to adopt rules on
1.
representations and fixtures in the building control plans via
a)
the type of building usage,
b)
the measure of constructional use and its calculation,
c)
the construction as well as the superstructible and the not
2.
the construction and other equipment allowed in the construction areas;
3.
the admissibility of the fixing in accordance with § 9 (3) of different building sites or different types of construction and other Installations;
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 presentation of the planning content.
Non-official table of contents

§ 10 Decision, approval and entry into force of the building plan

(1) The municipality shall act as a statute for the development of the land.(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 apply accordingly.(3) The granting of the authorisation or, if a permit is not required, the decision of the development plan by the municipality is to 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 prescribed for statutes.(4) The Bebauplan shall be accompanied by a summary statement on the manner in which the environmental concerns and the results of the public and public participation in the development plan have been taken into account and on what grounds the plan shall be:

Fourth Section
Cooperation with Private; Simplified Procedure

Non-official Table of Contents

§ 11 Urban Contract

(1) The municipality can close 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 reorganization of the land conditions, the remediation of land and other preparatory measures, the development by federal or by way of State-of-the-art, non-contributory and non-contributory development facilities as well as the elaboration of the urban planning plans and, if necessary, the environmental report; the responsibility of the municipality for the legally required Planning procedures shall remain unaffected;
2.
the promotion and safeguarding of the objectives pursued by the building management planning, in particular the land use, also in respect of a freezing or a condition, the implementation of the compensation within the meaning of Section 1a (3), the taking into account of building-cultural concerns, the coverage of the housing needs of population groups with special housing problems as well as the housing needs of the local population;
3.
the assumption of costs or other expenses incurred by the municipality for urban development measures, or and which are the prerequisite or consequence of the planned project, including the provision of land;
4.
in accordance with the Urban planning and measures pursue the establishment and use of facilities and facilities for the decentralised and centralised production, distribution, use or storage of electricity, heating or cooling from renewable energy sources and facilities Energy or cogeneration;
5.
in accordance with the objectives and purposes pursued by the urban planning planning and measures, the requirements for the energetic Quality of buildings.
The municipality can also conclude urban contracts with a legal entity in which it is involved.(2) The agreed services must be appropriate 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 first sentence, the contractual partner shall bear or bear costs or other expenses, and shall not be required to participate in the municipality's own participation.(3) An urban planning contract shall be in writing, unless otherwise prescribed by legislation.(4) The admissibility of other urban development contracts shall remain unaffected. Non-official table of contents

§ 12 Project and development plan

(1) The municipality can be admissibility by a project-related development plan of projects, if the project holder is ready and able to implement the projects and the development measures (project and development plan), on the basis of a plan agreed with the municipality (project and development plan); Implementation within a specified period and in order to carry out the planning and closing costs in whole or in part before the decision pursuant to § 10 para. 1 (implementing contract). The explanatory statement of the draft plan shall contain the information required in accordance with Section 2a. A translation of the information shall be provided for cross-border participation, in so far as this is necessary in accordance with the provisions of the Law on Environmental Impact Assessment. In addition, paragraphs 2 to 6 shall apply to the project-related recovery plan referred to in the first sentence.(2) The municipality shall, at the request of the subcarrier, decide on the initiation of the land-use planning procedure in accordance with the discretion of the applicant. At the request of the subcarrier or if the municipality considers it necessary after the initiation of the construction planning procedure, the municipality informs the municipality of the presumed necessary investigation framework for the environmental assessment according to § 2 para. 4 , with the participation of the authorities pursuant to Article 4 (1).(3) The project and development plan shall form an integral part of the project-related 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. Insofar as the project-related development plan also applies in the area of the project and development plan for the purpose of making a statement in accordance with § 9 for public purposes, it may be expropriated in accordance with Section 85 (1) no. 1.(3a) In a project-related development plan for the project and development plan, a construction or other use in general is provided by the establishment of a construction area under the Baunuration Regulation or in any other way. , it shall be determined, subject to the appropriate application of Article 9 (2), that only those projects to which the project holder is bound by the implementing contract shall be permitted within the limits of the uses fixed. Amendments to the implementing contract or the conclusion of a new implementing contract shall be 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 only be refused if the facts justify the assumption that the implementation of the project and development plan is at risk within the period referred to in paragraph 1.(6) Where the project and development plan is not carried out within the period referred to in paragraph 1, the municipality shall repeal the development plan. Claims of the subcarrier against the congregation cannot be asserted from the repeal. The simplified procedure may be applied in accordance with Section 13. Non-official table of contents

§ 13 Simplified procedure

(1) The planning guidelines are used to modify or supplement a building plan. is not affected or is not substantially altered by the establishment of a development plan in an area according to § 34 of the admissibility measure resulting from the existing nature of the closer environment, or it shall contain only provisions of In Article 9 (2a) or (2b), the municipality may apply the simplified procedure 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.
no evidence of impairment of the protected goods referred to in § 1 (6) (7) (b).
(2) The simplified procedure may include: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
apart from the early disclosure and discussion in accordance with § 3 (1) and § 4 (1) ,
2.
the public concerned may be given an opportunity to comment within a reasonable period of time, or, alternatively, the interpretation according to § 3 (2) is carried out. ,
3.
gives the public authorities and other public authorities the opportunity to comment within a reasonable period of time, or, alternatively, the Participation in accordance with § 4 para. 2 shall be carried out.
If the public concerned is involved in accordance with the first sentence of sentence 1, the obligation to hint of § 3 para. 2 sentence 2 semi-sentence 2 shall apply accordingly.(3) In the simplified procedure, the environmental assessment according to § 2 (4), the environmental report according to § 2a, the indication in accordance with § 3 (2) sentence 2, which types of environmental information are available, as well as the summary declaration according to § 6 Paragraph 5, sentence 3 and § 10 (4) apart; § 4c is not to be applied. 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. Non-official table of contents

§ 13a Interior Development Plans

(1) A building plan for the reusability of areas that Post-compression or other internal development measures (development plan of the internal development) can be established 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 a total of
1.
less than 20 000 square meters, with the base areas of several building plans that are in a close objective, spatial and temporal relationship, or
2.
20 000 square metres to less than 70 000 square metres, if on the basis of the assessment shall be made, taking into account the criteria set out in Annex 2 of this Act, that the development plan is likely to have no significant environmental impact, which, in accordance with Article 2 (4), sentence 4, shall be taken into account in the Consideration should be given (preliminary examination of the individual case); the authorities and other institutions of public interest whose duties can be affected by the planning shall be involved in the preliminary examination of the individual case.
a construction 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 likely to be sealed when the sentence 2 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 protection goods referred to in § 1 (6) (7) (b).(2) In the accelerated procedure
1.
, the provisions of the simplified procedure apply in accordance with § 13 para. 2 and 3 set 1 corresponding;
2.
can also be used to set up a development plan that is different from the depictions of the land-use plan before the land use plan is amended or supplemented; the orderly urban development of the municipal territory must not be affected; the land-use plan shall be adjusted by way of correction;
3.
to meet a need for investments to maintain, secure and create jobs, to supply the population with living space or to implement infrastructure projects shall be duly taken into account in the balance;
4.
in the cases referred to in the first sentence of paragraph 1, the first sentence shall apply, which shall be due to the establishment of the The plan is to be expected to take place before the planning decision as defined in 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.
that the development plan in the accelerated procedure without carrying out an environmental assessment according to § 2 para. 4 , in the cases referred to in the second sentence of paragraph 1 (2), including the main reasons for doing so, and
2.
where the general public is concerned about the general public It is possible to inform the public within a specified period of time for planning purposes as well as the essential effects of the planning, provided that no early information and discussion within the meaning of Section 3 (1) of the Directive are available to the public.
The notice referred to in the first sentence may be linked to 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 shall be made after the completion of the preliminary examination of the individual case.(4) Paragraphs 1 to 3 shall apply mutaly to the modification and completion of a development plan.

Second part
Backup of the building control planning

First Section
Change Lock and Backout of Construction Applications

Non-tamtable TOC

§ 14 Change Lock

(1) Is a decision on the establishment of a development plan, the municipality may decide, in order to ensure the planning of the future plan area, a change barrier with the content that
1.
Projects within the meaning of § 29 are not carried out or construction assets will not be removed ;
2.
significant or significant changes in the value of land and construction plants, the changes of which are not subject to approval, approval or approval.
(2) If there are no overriding public concerns, 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 of which the municipality has become aware in accordance with the provisions of the Rules of Procedure and the execution thereof before the date of entry into force of the Change lock should have been started, as well as entertainment and the continuation of a previously exercised use will not be affected by the change lock.(4) Where an authorisation requirement pursuant to section 144 (1) exists for projects in the formally defined redevelopment area or in the urban development area, the provisions relating to the change barrier shall not be applied. Non-official table of contents

§ 15 Revocation of construction requests

(1) A change lock in accordance with § 14 is not decided, although the The building approval authority, at the request of the municipality, has not yet entered into force, or has not yet entered into force, the decision on the admissibility of projects in the individual case for a period up to shall be suspended for 12 months if it is to be feared that the operation of the project would be rendered impossible or would be made substantially more difficult. 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 deferment as set out in the first sentence.(2) Where an authorisation requirement pursuant to Article 144 (1) exists for projects in the formally defined redevelopment area or in the development area of the town, the provisions relating to the repositioning of construction applications shall not be applied; Formal determination of the redevelopment area or of the urban development area shall not be effective in the decision to withdraw the application for construction referred to in paragraph 1.(3) At the request of the municipality, the building approval authority shall suspend the decision on the admissibility of projects pursuant to section 35 (1) (2) to (6) for a period of up to one year after the date of notification of the return of the construction request if: the municipality has decided to draw up, amend or supplement a land-use plan with which the legal effects of Section 35 (3) sentence 3 are to be achieved, and it is to be feared that the plan will be implemented through the project would be made impossible or much more difficult. 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. Non-tamous table of contents

§ 16 Decision on the change lock

(1) The change lock 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 be applied accordingly. Non-tampering table of contents

§ 17 Period of validity of the change lock

(1) The change lock will expire after two years. The two-year period shall be calculated on the basis of the period elapsed since the notification of the first provision of a building request in accordance with section 15 (1). The municipality 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 may, in whole or in part, decide to retake a change barrier which has not been in force, if the conditions for its adoption persist.(4) The change barrier shall be completely or partially repeal before the expiry of the period of time as soon as the conditions for its adoption have been omitted.(5) In any case, the change barrier shall not enter into force as soon as and to the extent that the construction management planning is legally binding.(6) With the formal establishment of the redevelopment area or the development area of the urban development, an existing change barrier according to § 14 shall be repeal. This does not apply if the approval requirement in accordance with § 144 (1) is excluded in the refurbishment sentence. Non-official table of contents

§ 18 Change-lock compensation

(1) Dauert the change lock for more than four years over the time of the change In addition, the person concerned shall be paid a reasonable compensation in cash for the loss of assets resulting from the commencement of a building request or the first withdrawal of a building request in accordance with section 15 (1). 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 the second part of the third part.(2) For compensation, the municipality is obliged. 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 shall apply mutas to the decision on the determination of the compensation.(3) On the expiry of the claim for compensation, § 44 (4) shall apply, with the proviso that, in the event of a change-lock which has the effect of securing a determination in accordance with § 40 (1) or (41) (1), the period of protection shall not be taken until the earliest date. Legally binding of the development plan begins. In the notice pursuant to § 16 (2) the provisions of the second sentence of paragraph 2 shall be mentioned.

Second section
Split of land; areas with tourist functions

Non-official table of contents

§ 19 Split of land plots

(1) The division of a property is that of the land registry opposite to or otherwise how recognizable declaration by the owner that a part of the property is written off in the basic book and is registered as an independent plot of land or as a plot of land with other land or with parts of other land .(2) The division of a land within the scope of a development plan shall not result in circumstances which are contrary to the provisions of the development plan. unofficial table of contents

§ 20

(omitted) unofficial Table of Contents

§ 21

(omitted) unofficial table of contents

§ 22 Backup of areas with tourist functions

(1) The Municipalities whose parts or parts are mainly influenced by tourism may, in a development plan or other statutes, determine the reasons for securing the destination of areas with tourist functions. or division of residential property or partial property (Section 1 of the Housing 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 whose peculiabilities correspond to such areas, as well as in other areas with tourist functions, which are characterised by accommodation establishments and residential buildings with tourist accommodation.(2) The municipality has to make the articles of association known in a local manner. 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 designation of the land concerned, it is possible that the whole of the congregation is affected and that the municipality shares this with the land registry.(3) (omitted) (4) The authorisation may only be denied where the justification or division of the rights affects the purpose of the area for tourism and thereby the development and order of urban development. The authorisation shall be granted if it is necessary to enable the claims of third parties to be fulfilled and, before the approval reservation becomes effective, a reservation is entered in the land register or the application for the registration of a third party is to be fulfilled. Notice received at the Land Registry; the authorization may also be requested by the third party. The authorisation may be granted in order to avoid economic disadvantages, which are of particular hardship for the owner.(5) The approval shall be decided by the building approval authority in agreement with the municipality. The authorisation shall be decided within one month 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. National law is required.(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 referred to in the fifth sentence of paragraph 5 is submitted. , or if the declaration of exemption by the municipality referred to in paragraph 8 has been received by the Land Registry. 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 shall be deleted if the approval authority is requested or authorised to do so.(7) If the authorisation fails, the owner of the municipality may require the property to be taken over under the conditions set out in Article 40 (2). § 43 (1), (4) and (5) and § 44 (3) and (4) shall apply accordingly.(8) The municipality shall abolish the reservation of approval or, on a case-by-case basis, exempt individual land plots from the approval reservation by means of an explanation to the owner, if the conditions for the approval reservation are not fulfilled. 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. The first sentence of paragraph 6 shall no longer apply once the notification of the lifting of the authorisation reservation has been received by the Land Registry.(9) In the other articles of association referred to in paragraph 1, in addition to the determination of the approval reservation, the maximum permissible number of apartments in residential buildings may be fixed in accordance with § 9 (1) No. 6. Before the first sentence is set, the public concerned and the authorities and other public authorities concerned shall be given the opportunity to deliver an opinion within a reasonable period of time.(10) The other statutes referred to in paragraph 1 shall be accompanied by an explanatory statement. 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

§ 23

(omitted)

third section
Legal pre-emption rights of the Community

Non-official table of contents

§ 24 General right of pre-emption

(1) The municipality is entitled to the right of advance purchase of Land
1.
in the scope of a construction plan, as far as areas are concerned, for which: the development plan is intended to be used for public purposes or for areas or measures for compensation within the meaning of Section 1a (3),
2.
in a Relaying area,
3.
in a formally designated redevelopment area and urban development area,
4.
within the scope of a statute to back up implementing measures of urban rebuilding and a conservation record,
5.
within the scope of a land-use plan, as far as unbuilt outdoor areas are used, for which use as a residential area under the land use plan, or residential area,
6.
in areas which, according to § 30, 33 or 34 para. 2, can be built primarily with residential buildings, to the extent that the land is unbuilt, as well as
7.
in areas that are to be kept free for the purpose of preventive flood protection, especially in flood plains.
In the case of Point 1 may be exercised as early as after the public interpretation has begun if 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 congregation is not entitled to the right of pre-emption in the case of the purchase of rights under the Housing Act and the inheritance rights.(3) The right of pre-emption may only be exercised 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. Non-official table of contents

§ 25 Special pre-emption right

(1) The municipality can be
1.
within the scope of a construction plan by statute, its pre-emption right on undeveloped land Reasons;
2.
in areas where it is considering urban planning measures to secure an orderly development of urban development by statute In accordance with Section 16 (2
of the Statute, theof association shall apply mutas 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. Non-official table of contents

§ 26 Exclusion of the right of pre-emption

The exercise of the right of sale is excluded if
1.
the owner sells the property to his or her spouse or to a person who is in a straight line with him Line related or weakened, or related in the sidelines to the third degree,
2.
the plot
a)
by a public demand carrier for national defense purposes, the federal police, the Customs administration, the police or civil protection, or
b)
of churches and religious societies of public law for the purposes of worship or of the Pastoral care
3.
should 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 built and used in accordance with the provisions of the development plan or the objectives and purposes of the urban development measure, and It has no maladministration or defects within the meaning of § 177 (2) and 3 (1) sentence 1.
Non-official table of contents

§ 27 Use of the right of pre-emption

(1) The buyer may devote the exercise of the right of sale if the use of the property is determined in accordance with the law of construction or the purposes and purposes of the urban development measure or with of sufficient security, the purchaser is able to use the property accordingly within a reasonable period of time, and he is obliged to do so before the expiry of the period laid down in § 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 fails to do so 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 purchaser's request for two months, if the buyer makes it credible before the expiry of that period that he or she is in a position to fulfil the conditions set out in the first or second sentence of the second sentence.(2) A right of use does not exist
1.
in the cases of § 24 para. 1 sentence 1 no. 1 and
2.
in a relaying area if the plot is needed for purposes of relaying (§ 45).
unofficial table of contents

§ 27a exercise of the right of purchase for the benefit of third parties

(1) The municipality can
1.
exercise its right of pre-emption in favour of a third party if the third party to the use of the property with the exercise of the right of sale within a reasonable period of time in the The situation is and is committed to this, or
2.
the right of pre-emption in favour of a public demand, which is entitled to it pursuant to section 24 (1) sentence 1, first sentence. In the case of number 1, the municipality shall have the right to claim the right to the right of advance and to exercise the right of pre-emption in favour of a refurbish or development institution if the institution is in agreement.
In the cases of point 1, the municipality has 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 purchase contract between the beneficiary and the seller shall be concluded with the exercise of the right of pre-emption. The municipality shall be liable for the obligation under the contract of sale not only to the beneficiary but also to the 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 his obligation under the first sentence of paragraph 1, point 1, the congregation shall, in accordance with § 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. Non-official table of contents

§ 28 Procedure and compensation

(1) The seller has to inform the congregation without delay of the contents of the sales contract; the Seller's notice 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 shall be 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 notification 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 registered in the land register in order to ensure the purchaser's claim for transfer of interest in the land register; it may: Request only if the exercise of the right of pre-emption is unquestionable for the purchaser.(3) By way of derogation from the second sentence of paragraph 2, the municipality may determine the amount to be paid in accordance with the traffic value of the land (§ 194) at the time of purchase, if the agreed purchase price is 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 to pay the seller an amount equal to the difference between the agreed purchase price and the traffic value. 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 referred to in Article 24 (1), first sentence, point 1, the municipality shall determine the amount to be paid in accordance with the provisions of the second section of the fifth part, if the acquisition of the land is necessary for the implementation of the development plan and it shall: may 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, 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.(5) The municipality may waive the exercise of the rights under this Section for the territory of the municipality or for all the land of a congregation. 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 has been declared.(6) If the congregation has exercised the right of pre-emption and has thereby incurred a third party property disadvantage, it shall pay compensation to the extent that the third party has a contractual right to acquire the land property before a legal The municipality's right of pre-emption has been justified on the basis of this code of law or of such provisions of national law, which have been repealed 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 managing authority decides.

Third part
Regulation of the construction and other use; compensation

First Section
Admissibility of Projects

Unofficial Table of Contents

§ 29 Term of the Project (1) Projects

to the construction, modification or alteration of the use of construction plants, and for large-scale digestion and excavations, and for depositions, including deposits, § § 30 to 37.(2) The provisions of the Rules of Procedure and other public-law provisions shall remain unaffected. Unofficial table of contents

§ 30 Admissibility of projects within the scope of a building plan

(1) The scope of a building plan that is alone or in conjunction with other structural provisions, at least the provisions relating to the type and extent of the use of the land, the land areas which can be built up and the local traffic areas, a project shall be admissible if: is not contrary to these conditions and is secured.(2) In the scope of a project-related plan of development in accordance with § 12, a project shall be admissible if it does not object to the development plan and if the development is secured.(3) In the scope of a development plan which does not fulfil the conditions set out in paragraph 1 (a simple development plan), the admissibility of projects shall, moreover, be determined in accordance with § 34 or § 35. Non-official table of contents

§ 31 Exceptions and exemptions

(1) The findings of the development plan may allow such exceptions to be granted. are expressly provided for in the development plan in accordance with the nature and scope of the plan.(2) The landings of the building plan may be exempted if the planning guidelines are not affected and
1.
Reasons for the welfare of the general public, including the need to accommodate refugees or asylum seekers that require liberation or
2.
the urban deviation is justifiable or
3.
the execution of the building plan to a apparently unintended harshness
and if the deviation is also compatible with public concerns, even with the appreciation of neighbourly interests. Unofficial Table Of Contents

§ 32 Usage Restrictions on Future Municipal Requirements, Transport, Supply and Green Areas

Are overbuilt surfaces in the land-use plan as a building land for the common needs or as transport, supply or green spaces, projects which result in a value-enhancing modification of construction plants shall be authorised and approved only for the purpose of: Exemptions from the provisions of the Bebau Plan shall be granted only if the needs or development institutions agree or the owner and his successor in law do not in writing, in writing, to replace the increase in value, that the Construction plan will be implemented. 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. Non-official table of contents

§ 33 Admissibility of projects during plan creation

(1) In areas for which a decision on the installation a plan is allowed, a project is allowed if
1.
is the public and The participation of the authorities pursuant to § 3 (2), § 4 (2) and § 4a (2) to (5) has been carried out,
2.
It is assumed that the project will be subject to the future
3.
The applicant acknowledges these findings in writing for themselves and their legal successor, and
4.
the development is secured.
(2) In cases of § 4a (3) sentence 1, a project may be approved before the republic and public participation in public relations and public authorities if the the modification or addition of the draft plan does not affect the project and the conditions referred to in paragraph 1 (2) to (4) have been met.(3) If a procedure is carried out in accordance with § 13 or § 13a, a project may be allowed before the public and public authorities are involved if the conditions referred to in paragraph 1 (2) to (4) are met. 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 the opportunity to do so before the date of authorisation. had. Non-official table of contents

§ 34 Admissibility of projects within the context of built-in districts

(1) Within the context of the buildings A project is permissible if, according to the type and measure of the constructional use, the construction and the land area, which is to be built over, it is inserted into the specific nature of the closer environment and the development is secured. The requirements for healthy living and working conditions must be preserved; the local image must not be impaired.(2) If the specific nature of the surrounding area corresponds to one of the construction areas referred to in the Regulation adopted pursuant to Article 9a, the admissibility of the project shall be assessed in its own way alone according to whether it is in accordance with the Regulation in the Article 31 (2) is to be applied in accordance with Article 31 (2) of the Regulation, which is permissible under the provisions of the Regulation.(3) Projects referred to in paragraph 1 or 2 shall not have to be expected to have adverse effects on central supply areas in the municipality or in other municipalities.(3a) From the requirement of insertion into the specific nature of the closer environment referred to in the first sentence of paragraph 1, a derogation may be made on a case-by-case basis, if the deviation
1.
the extension, modification, change of use or renewal of a legally established commercial or craft operation, including the change of use for residential purposes, or the Extension, modification or renewal of a building plant which is legally constructed and used for residential purposes,
2.
urban planning is justifiable and
3.
is also compatible with the public concerns with respect to neighbourly interests.
Sentence 1 shall not apply to retail establishments that are to affect consumer-related supply of the population or to have harmful effects on central areas of supply in the community or in other communities.(4) The municipality may, by statute,
1.
the limits of local parts built in connection with the set,
2.
Set areas in the outdoor area to be related to built-in districts if the land is shown as a construction site in the land use plan
3.
3.
Include individual outdoor areas in the context of the built-up districts, if the areas covered by the building are used by the building use of the adjacent area. Scope is marked accordingly.
The statutes can be connected.(5) The condition for the establishment of the statutes referred to in the first sentence of paragraph 4 is that
1.
of an orderly development of urban development,
2.
the admissibility of projects which have a duty to carry out an environmental impact assessment on the basis of Annex 1 to the Law on Environmental Impact Assessment or State Law, is not justified, and
3.
no evidence of impairment of the
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 the first sentence of Article 9 (1) and (3) 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 of this Article shall be applied accordingly and shall be accompanied by a statement of reasons as provided for in the second sentence of Section 2a of the second sentence of paragraph 2.(6) In drawing up the statutes referred to in the first sentence of paragraph 4, point 2 and 3, the provisions relating to the participation of public authorities pursuant to Article 13 (2), first sentence, no. 2 and 3, and the second sentence, shall be applied accordingly. Article 10 (3) shall apply mutas to the statutes referred to in the first sentence of paragraph 4, first sentence, no. 1 to 3. Non-official table of contents

§ 35 Building on the outside

(1) In the outdoor area, a project is only allowed if public issues are not , which is secured sufficient development and if it is
1.
a country or Forestry operation serves only a minor part of the operating surface,
2.
an operation of the horticanic production
3.
the public supply of electricity, gas, telecommunications services, heat and water, the waste water management or a site-bound commercial operation,
4.
because of its special requirements, because of its adverse effect on the environment, or because of its special nature. The purpose of the Directive is to provide for the establishment, modification 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 for carrying out a site-related or general pre-examination or an environmental impact assessment in accordance with the Environmental Impact Assessment Act, with a cumulative project for the adoption of a close relationship take into account those animal-holding facilities located on the same operating or construction site and associated with joint operational or structural facilities,
5.
the exploration, development, or use of wind or water energy,
6.
the energetic Use of biomass as part of a holding according to point 1 or 2 or of a holding according to point 4, which operates livestock, and the connection of such installations to the public supply network, shall be subject to the following conditions: style="font-weight:normal; font-style:normal; text-decoration:none; ">
a)
the project is in a spatial-functional relationship with the operation,
b)
The biomass comes mainly from the plant or mainly from this and from nearby holdings according to points 1, 2 or 4, as far as the latter is animal husbandry ,
c)
only one asset is operated and
d)
d)
the capacity of an installation for the production of biogas does not exceed 2.3 million standard cubic meters of biogas per year, the thermal output of other plants does not exceed 2.0 Megawatt
7.
the exploration, development or use of nuclear energy for peaceful purposes or for the management of radioactive waste, with the exception of the Re-direction of nuclear fuel splitting plants for the industrial production of electricity, or
8.
the use of solar radiation in, on and on the roof. (
) Other projects may be admitted on a case-by-case basis if their execution or use is not subject to public interest. is impaired and the development is secured.(3) An impairment of public concerns is particularly the case if the project
1.
Representations of the land use plan contradicts,
2.
the representations of a landscape plan or other plan, in particular the water, waste, or Immission protection right, contradicts,
3.
can cause or be exposed to harmful environmental impacts
4.
uneconomic expenses for roads or other transport facilities, for facilities of supply or disposal, for safety or health or for other tasks ,
5.
Nature protection and landscape conservation, soil protection, monument protection or the natural nature of the landscape and its
6.
Measures to improve the agricultural structure, the water management or the water management system, or the water management system, Flood protection at risk,
7.
The creation, consolidation or expansion of a splinter settlement can be feared, or
8.
The functionality of radio stations and radar systems disturbs.
Space-important projects must not contradict the objectives of spatial planning; public concerns are shall not prevent space-related projects referred to in paragraph 1, in so far as the concerns relating to the presentation of these projects have been considered as objectives of spatial planning. Public matters shall, as a rule, be contrary to a project referred to in paragraph 1 (2) to (6), insofar as such a project has been referred to elsewhere by means of representations in the land use plan or as objectives of the spatial planning.(4) The other projects referred to in paragraph 2 below may not be countered by contradicting representations of the land use plan or of a landscape plan, the natural nature of the landscape , or the creation, consolidation or extension of a splinter settlement may be feared, in so far as they are otherwise 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, no. 1, below Prerequisites:
a)
the project is intended to be used for the purpose of using Building substance,
b)
the outer shape of the building remains essentially preserved,
c)
the The task of the previous use is no longer than seven years back,
d)
the building is built more than seven years ago. ,
e)
the building is in a spatially-functional relationship with the office of the agricultural or forestry establishment,
f)
in case of change for residential purposes, in addition to the apartments allowed up to now under paragraph 1 No. 1, there are at most three apartments per court site and
g)
It is assumed that no rebuilding is to be made as a replacement for the used use, unless the rebuilding is in the interest of the development of the operation in the For the purposes of paragraph 1 (1) (1)
2.
the new direction of a similar residential building in the same place under the following conditions:
a)
the existing building has been erasly built,
b)
the existing building has malfunctions or flaws,
c)
the existing building has been running for a long time Time taken by the owner himself and
d)
Facts justify the assumption that the newly constructed building is responsible for the ownership of the previous owner or his/her own family; if the owner has acquired the existing building by succession from a pre-owner who has been using it for a long time, it is sufficient if facts justify the assumption that the newly built building is used for the owner's own needs or his/her family
3.
the immediate re-erection of a lawfully established, by fire, Natural events or other extraordinary events destroyed, similar building in the same place,
4.
the change or change in use of preserved values, the image of the buildings in the cultural landscape, even if they are abandoned, if the project is to use the buildings in a suitable way and to preserve the design value,
5.
the extension of a residential building up to a maximum of two apartments under the following conditions:
a)
the building has been erasly built,
b)
the extension is appropriate in relation to the existing building and taking into account the residential needs, and
c)
when setting up another apartment, facts justify the assumption that the building was used by the previous owner or his family
6.
the constructional extension of a legally established commercial operation, if the extension is 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 re-erection of a building within the meaning of paragraph 1 (1), to which a different use is to be assigned if the original building is to be used by the external The appearance is also worthy of preservation of the cultural landscape, no greater burden on the outside area is to be expected than in the case of the sentence 1 and the new direction is also compatible with neighbourly interests; the first sentence of the first subparagraph is to be found in the first sentence. Point (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 projects admissible pursuant to paragraphs 1 to 4 shall be carried out in a space-saving manner that limits the soil sealing to the necessary dimension and shall be gentle on the external area. In the case of projects referred to in paragraph 1 (2) to (6), a declaration of admissibility must 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 shall ensure that the construction or other installation is used only in the intended way after the operation of the project.(6) The municipality may, by statute, stipulate that projects serving for the purpose of housing, in the sense of the provisions of the Paragraph 2 shall not be held in opposition to any representation in the land-use plan relating to land for agriculture or forest, or to the creation or consolidation 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. The prerequisite for the establishment of the statutes is that
1.
with an orderly urban development development is compatible,
2.
the admissibility of projects which have a duty to carry out an environmental impact assessment in accordance with Annex 1 to the Law on the Environmental impact assessment or under national law, is not justified and
3.
no evidence of impairment of the provisions of § 1 para. 6 no. 7
in the case of the drafting of the articles of association, the provisions relating to 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. Non-official table of contents

§ 36 Participation of the municipality and the higher administrative authority

(1) On the admissibility of projects in accordance with § § 31, 33 up to 35 shall be decided by the building approval authority in agreement with the municipality in the building-prudential procedure. 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 building in accordance with § § 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 regulation.(2) The agreement of the congregation and the consent of the higher administrative authority may only be refused from the reasons arising from § § 31, 33, 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 deemed to have been granted. 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. Non-official table of contents

§ 37 Construction measures of the federal and state governments

(1) Power the special public purpose provision for construction plants The Federal Government or any country must depart from the provisions of this Code or the provisions adopted pursuant to this Code, or if the agreement with the municipality has not been reached in accordance with Section 14 or Article 36 of this Code, it shall decide the higher management authority.(2) If the project is intended to serve the national defence, the federal police, or the civil protection of the population, it is only necessary to obtain 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 congregation shall be responsible for reimbursements under this Code, and shall be replaced by the institution of the measures. If, as a result of these measures, a development plan has to be drawn up, amended, supplemented or rescinated, it must also be replaced by the costs incurred.(4) In the case of buildings erected on land which are procured in accordance with the land procurement law, all the municipality or the higher administrative authority in accordance with the procedure laid down in Article 1 (2) of the Land procurement law shall be established in accordance with the procedure laid down in Article 1 (2) of the Landings Act. (1) and (2) admissible objections in conclusion. A procedure referred to in paragraph 2 shall not be required in this case. Non-official table of contents

§ 38 Building measures of superlocality due to planning procedures; publicly accessible Waste disposal systems

On the planning procedures and other procedures with the legal effects of the plan determination for projects of superlocality and on the basis of the Federal Immission Protection Act for the establishment and § § 29 to 37 shall not apply if the municipality is involved in the operation of publicly available waste disposal facilities; urban planning concerns must be taken into account. A binding pursuant to § 7 shall remain unaffected. § 37 paragraph 3 is applicable.

Second Section
Compensation

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§ 39 Loss of trust

If owners or in the exercise of their rights of use other persons entitled to use have confidence in the stock of a legally binding construction plan, preparations for the realization of The use possibilities arising out of the development plan may require appropriate compensation in cash, provided that 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 regulations which have been collected for the development of the land. Non-official table of contents

§ 40 Compensation in money or by inheritance

(1) Are included in the BebauPlan
1.
Surfaces for common use and sports and gaming facilities,
2.
Surfaces for person groups with special housing requirements,
3.
Surfaces with special Purpose of use,
4.
protected areas and surfaces for special installations and precautions for protection against impact,
5.
5.
Traffic surfaces,
6.
Utility Surfaces,
7.
Surfaces for waste and sewage disposal, including the retention and seepage of rainwater, as well as for deposits,
8.
Green surfaces,
9.
Surfaces, excavations, or rocks, earths, and other mineral resources,
10.
Surfaces for communal pitches and community garages,
11.
Surfaces for community assets,
12.
surfaces to be kept free from the building,
13.
Water surfaces, surfaces for water management, surfaces for flood protection systems, and surfaces for water flow control,
14.
Areas for protection, maintenance and development of soil, nature and landscape
, the owner shall be compensated in accordance with the following paragraphs, to the extent that: Asset disadvantages arise. 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 provisions of the first sentence of 1 Nos. 4 and 10 to 14, in so far as the detentions or their implementation are the interests of the owner or the performance of a shall serve as a legal obligation.(2) The owner may require the acquisition of the land,
1.
if and as far as he/she takes into account the establishment or implementation of the development plan is no longer to be granted economically, to retain the land or to use it in the previous or any other permissible way, or
2.
if projects are not allowed to be executed in accordance with § 32 and thereby the previous use of a building plant is cancelled or significantly reduced.
The owner can require, in place of the acquisition, 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) An appropriate compensation shall be paid to the owner in money if and to the extent that projects pursuant to § 32 are not allowed to be executed and thereby the previous use of his property is made more difficult economically. 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. Non-official table of contents

§ 41 Compensation for reasons of travel, driving, and line rights, and for planting bindings

(1) Are available in the The owner of the building plan shall, under the conditions laid down in § 40 (2), require the owner to request that the land, including the necessary conditions for the management of the boards, be subject to the conditions laid down in Article 40 (2). Protective strip shall be the right in favour of the person referred to in § 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 take care of supply lines, shall remain unaffected.(2) Where ties are fixed in the development plan for plantings and for the conservation of trees, shrubs, other plantations and waters, and planting of trees, shrubs and other plantations, the owner shall be: appropriate compensation in cash, if and to the extent that, as a result of these findings,
1.
special Expenses exceeding the level required for proper management, or
2.
a significant reduction in the value of the land admission.
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§ 42 Compensation for change or cancellation of permitted use

(1) If a property is removed or changed, and if this does not only insignificant impairment of the property, the owner can claim appropriate compensation in cash, in accordance with the following paragraphs.(2) Where the permitted use of a property is repealed or amended within a period of seven years from admissibility, the compensation shall be based on the difference between the value of the land on the basis of the permitted use and its value resulting from the repeal or amendment.(3) Where the permitted use of a land is repealed or amended after the expiry of the period referred to in paragraph 2, 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 use of the property or other possibilities of economic exploitation of the property resulting from the use made of it, rendered 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 referred to in Limitations are given.(4) Compensation for interventions in exercised uses shall remain unaffected.(5) By way of derogation from paragraph 3, the compensation referred to in paragraph 2 shall be determined where the owner, in carrying out a project corresponding to the permitted use, before the expiry of the time limit referred to in paragraph 2, shall be subject to a change barrier or to a the temporary withdrawal of the project has been prevented and the project can no longer be achieved 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 building permit or on the admissibility of a project under the ground has been granted a preliminary notification under the right of construction supervision and the owner of the project may, as a result of the cancellation or Change in the permitted use of the property after the expiry of the period shall no longer be realized or if the attainment of it has become economically unreasonable for him, the owner may be equal to 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 resulting from the abolition or alteration of the permitted use, shall require compensation.(7) If, before the expiry of the period referred to in paragraph 2, an application for the granting of a building permit or a pretext under construction supervision law which has the object of admissibility of a project under the ground, has been unlawful and has been rejected, and may not be granted the authorisation or the notice of advance with the requested content after the outcome of an appeal procedure, because the use allowed at the time of the application has been repealed or amended, the Compensation in accordance with 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 notification in accordance with the legal provisions relating to the supervision of the construction supervision of a project relating to the admissibility of a project under the law of the subject has not been decided within the time limit referred to in paragraph 2, despite the fact that the application has been submitted 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 right to compensation shall not exist if the owner was not willing or unable to carry out the intended project. 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 shall also consist in accordance with § 40 (2) sentence 1 no. 1.(10) The congregation shall, on request, provide the owner with information on whether there is a legal protection of the permitted use for his property resulting from paragraph 2 and when such protection shall be granted by the end of the period referred to in paragraph 2. ends. Non-official table of contents

§ 43 Compensation and procedure

(1) If the compensation is due to the acquisition of the property or to the justification of a To the right, and if an agreement is not reached, the owner may request the withdrawal of the property or the justification of the right. 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 mutaly 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 is not reached on the payment of the money, the higher administrative authority shall decide. The provisions relating to compensation in the second part of the Fifth Part and Article 121 shall apply accordingly. Section 122 shall apply to the modesty of the determination of the payment of the money to be paid.(3) In accordance with § § 40 and 41 (1), compensation is 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) Land values are not to be compensated, insofar as they are based on the fact that
1.
is allowed to use The property does not meet 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 planning malfunctions within the meaning of § 136 para. 2 and 3 and the use of the plot contributes significantly to these abuses.
(5) the conditions for compensation shall not take account of any increases in value which have 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 of the Refusing to pay compensation in cash at an appropriate level. Where 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 appropriate § 95 para. 2 no. 3 applies accordingly. Non-official table of contents

§ 44 Compensation subject to indemnity, maturity and deletion of compensation claims

(1) 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 shall also be obliged to the congregation; the beneficiary shall have to pay the municipality replacement.(2) In the event of the determination of the elimination or reduction of the effects of the use of a land, 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 municipality is to listen to the owner before making any arrests which may result in compensation in accordance with the first sentence or the second sentence.(3) The person entitled to compensation may claim compensation if the financial disadvantages referred to in § § 39 to 42 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 taking over the property, it shall apply to the interest in Section 99 (3) of the application.(4) A claim for compensation shall lapse if the due date of the claim is not brought about within three years from the end of the calendar year in which the asset disadvantages referred to in the first sentence of paragraph 3 have occurred.(5) In the notice pursuant to § 10 (3), the provisions of the first and second sentences of paragraph 3 and of paragraph 4 shall be pointed out.

Part Four
floor order

First Section
Relaying

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§ 45 Purpose and Scope

For the development or redesign of areas, built-up and undeveloped land can be rearranged by relaying it in such a way that it is suitable for construction or other use according to location, shape and size. Land is created. The relaying can be
1.
within the scope of a development plan as defined in § 30 or
2.
within the context of § 34, if from the nature of the closer environment or a simple building plan within the meaning of § 30 (3) adequate criteria for the reorganisation of the land,
are carried out. Non-official table of contents

§ 46 Jurisdiction and requirements

(1) The transfer is by the municipality (transfer office) on its own responsibility and, if and when they are to be used for the implementation of a development plan or for reasons of an orderly development of urban development, in order to achieve the permitted use within the context of the built-in districts is required.(2) The state governments can determine by means of law,
1.
that of the municipality Relaying committees with independent decision-making powers for the implementation of the transfer,
2.
how to set up the transfer committees
3.
that the Relocation Committee shall decide on the operations referred to in § 51 of the minor importance of a decision to A position that prepares its decisions,
4.
that to decide on an appeal in the redeployment procedure Upper Relocation Committees are formed. , and how these committees are to be put together,
5.
that the land certification authority or any other appropriate authority is required, at the request of the municipality
() There is no claim to the arrangement and implementation of a rearrangement.(4) The municipality may delegate 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 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 process and the surveying and cadastral technical tasks required for the implementation of the conversion.(5) The municipality 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) of the first sentence; 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. Non-official table of contents

§ 47 Relocation Decision

(1) The transfer is made after hearing the owners by a decision of the transfer office is initiated. The transfer decision is to be referred to as the relaying area (§ 52). The land situated in the relaying area shall be listed individually.(2) If the transfer is to be initiated for the scope of a development plan, the redeployment procedure may also be initiated if the development plan is not yet established. In this case, the development plan must have entered into force before the decision on the establishment of the conversion plan (§ 66 para. 1). Non-official table of contents

§ 48 participants

(1) Participants are
1.
the owners of the plots located in the relaying area,
2.
the owners of a right entered in the land register or secured by registration on a plot located in the relaying area or on a property carrying the property Right,
3.
the holders of a right not registered in the land register on the property or on a right bearing the property, of a claim with the right to Satisfaction of the property or of a personal right which entitles the purchase, possession or use of the property or which is limited to the pledge in the use of the land,
4.
the community,
5.
under the conditions of § 55 para. 5, the demand carriers and
6.
the enrollment providers.
(2) The persons referred to in paragraph 1 (3) will be involved at the time the application of their right of the transfer office is to be filed. The application can be made 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 applicant to make his right to be held liable to the applicant. After fruitless expiry of the period, he shall no longer be involved until the credibility of his/her right.(4) The creditor registered in the land register of a mortgage, the basic debt or the pension liability for which a letter is issued, and each of his or her legal successor, shall, at the request of the transfer body, make a statement as to whether or not another person has the right to: A mortgage, a basic debt or a pension debt or a right has been acquired; the person of the acquirer shall have the right to refer to it. Section 208, sentences 2 to 4 shall apply accordingly. Non-official table of contents

§ 49 Legal succession

Change the person of a participant during a relaying process, he or she shall be Legal successor to this procedure in the state in which it is located at the time of the transition of the law. Non-official table of contents

§ 50 Announcement of the transfer decision

(1) The transfer decision is to be made public in the municipality.(2) The notice of the transfer decision shall contain the invitation to notify, within one month, rights which are not apparent from the land register but entitle them to participate in the transfer procedure to the transfer office.(3) If rights are notified only after the period referred to in paragraph 2 has expired or is made credible after the expiry of the time limit laid down in § 48 para. 3, a person entitled must have the previous negotiations and compositions subject to the same conditions if: the location of the transfer shall be determined.(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, who, by means of a notice of the administrative act, first in the course of the period .(5) The legal effects referred to in paragraphs 3 and 4 as well as in accordance with § 51 shall be mentioned in the notice. Non-official table of contents

§ 51 availability and change lock

(1) From the notice of the transfer decision to the notice in accordance with § 71 may only be used in the transfer area with the written permission of the transfer office
1.
a plot of land divided or dispositions of a property and rights in a property or agreements concluded, by which another a right to acquire, use or land a land or part of the land is concluded , or newly established, modified or revoked building loads;
2.
significant changes in the surface of the Earth or other significant value-enhancing measures 3
3.
not approved, approved, approved or notifiable, but value-enhancing construction equipment, or Changes in the value of such installations shall be made;
4.
approved, approved, approved or modified construction installations or amended
An authorisation as set out in the first sentence 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 of which the municipality has become aware in accordance with the provisions of the Rules of Procedure and the execution thereof before the date of entry into force of the Change lock should have been started, as well as entertainment and the continuation of a previously exercised use will not be affected by the change lock.(3) The authorisation may only be denied if there is reason to believe that the project would make it impossible or substantially more difficult to carry out the transfer. Section 22 (5) sentence 2 to 5 shall apply accordingly.(4) The authorisation may be granted subject to conditions and except in the case of provisions on land and rights of land, even under conditions or in 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 unquestionable. § § 346 to 349 and 351 of the Civil Code are to be applied accordingly to the right of withdrawal.(5) On the basis of a regulation pursuant to Article 46 (2) (3) of the body designated there, the Relocation Committee shall carry out decisions on the operations referred to in paragraph 1, which shall be subject to its instructions; where appeals are made, the Transfer Committee to its position. The transfer committee may revoke the transfer at any time. Non-official table of contents

§ 52 Relocation Area

(1) The relaying area is to be limited in such a way that the transfer can be carried out appropriately. It can consist of spatially separated surfaces.(2) Individual land which complicates the implementation of the transfer may be wholly or partly exempted from the transfer.(3) Non-essential changes to the relaying area may, until the decision on the establishment of the conversion plan (§ 66 para. 1), may be made by the transfer office after prior consultation of the owners of the land concerned, even without the usual local Notice shall be made. The amendment shall take effect with its notification to the owners of the land concerned. Non-official table of contents

§ 53 Inventory card and inventory directory

(1) The location of the transfer is a map and a directory of the land. of the transfer area (inventory and inventory). The existing map shall contain at least the location and form of the land of the relaying area and the buildings situated on them, and shall designate the owners. The inventory directory must have at least
1.
listed in the land register for each property. registered owner,
2.
the land name and cadastral name, the size and the type of use of the land specified in the property register, and of road and house number, and
3.
the loads and restrictions entered in the land register in Division II.
(2) The stock card and the third sentence of paragraph 1 1 and 2 of the inventory shall be publicly available in the municipality for the duration of one month. The place and duration of the interpretation shall be made known at least one week prior to the interpretation.(3) Where the transfer concerns only a few plots of land, the notice to the owners and the holders of other rights shall be sufficient instead of the local notice to the extent that they are clear from the land register or their right at the location of the transfer have been registered.(4) In the part of the inventory referred to in the third sentence of paragraph 1, point 3, the inspection shall be permitted to any person who presents a legitimate interest. Non-official table of contents

§ 54 Notifications and transshipment note

(1) The location of the transfer shall be shared by the base and the Liegenschaftskatasters competent body the introduction (§ 47) of the transfer procedure and the subsequent changes to the transshipment area (§ 52) with. 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 Liegenschaftskatasters shall have the following: 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) shall apply accordingly.(3) Where 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 in so far as it relates to the property concerned, the subject matter of the The procedure for the execution of the procedure is: Non-official table of contents

§ 55 Transfer Mass and Distribution Mass

(1) The land plots located in the relaying area shall be located on their territory (2) In the case of the conversion mass, the areas are to be separated out and to be allocated to the municipality or to the other development institution which is fixed in accordance with the development plan or for reasons of in order to achieve the development of the urban development required in accordance with § 34 of the permitted use, than
1.
Local roads for roads, ways including footpaths and residential ways, and for places as well as collection lines,
2.
Surfaces for parking spaces, green spaces including children's playgrounds and facilities for protection against harmful environmental effects as defined by the Federal Immission Control Act, insofar as they are are not already part of the transport facilities referred to in point 1, as well as for rainfall and rain overflow basins, if the areas are to serve primarily the needs of the inhabitants of the surrounding area.
Areas shall also include areas for compensation within the meaning of Section 1a (3) for the installations referred to in sentence 1. The green areas referred to in the first sentence of 1 (2) may also include land-based areas for compensation within the meaning of Section 1a (3).(3) The allocation shall be made by the municipality or other development bodies for the areas referred to in paragraph 2, which they have placed in the transfer mass.(4) The remaining mass is the distribution mass.(5) Other areas for which a use for public purposes is fixed in accordance with the development plan may be eliminated, including areas for compensation within the meaning of Section 1a (3), and allocated to the needs or the development agencies, if this appropriate substitute country, which may also be located outside the relaying area, is placed in the distribution mass. The transfer body shall exercise this power if it is appropriate to carry out the development plan as soon as possible. Non-official table of contents

§ 56 Distribution scale

(1) For the calculation of the primary owners involved in the distribution mass, Shares (Sollanspell) are to be assumed either from the ratio of the areas or the ratio of the values in which the previous land had stood before the relaying. The scale shall be determined in a uniform manner by the transfer body at a reasonable discretion, with a fair balance between the interests of the parties concerned, depending on the appropriateness of the purpose.(2) If all parties agree, the distribution mass may also be distributed on a different scale. Non-official table of contents

§ 57 Distribution by value

If the transfer point is based on the ratio of the values, then the distribution mass in the Relationship 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 shall also be assigned, 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 this case, changes in value which are brought about by the transfer must be taken into account; if land is to be allocated to the final settlement obligation in respect of areas pursuant to section 55 (2), changes in value are not taken into consideration in this respect. Differences between the traffic values determined in this way must be compensated for in money. Non-official table of contents

§ 58 Distribution by area

(1) The location of the transfer is from the ratio of the areas, it has from the to withdraw an area contribution to such an extent, taking into account the area deduction in accordance with section 55 (2), in such a way as to compensate for the benefits accreted by the transfer; in the cases of § 57, sentence 4 Half-sentence 2 does not take into account the advantages in this respect. 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 in. Instead of an area contribution, the transfer office may, in whole or in part, make a corresponding monetary contribution. To the extent that the conversion advantage exceeds the area contribution in accordance with the first sentence, the advantage in money shall be compensated.(2) If the new property cannot be allocated in the same or equivalent position, it shall be possible to compensate for justified differences in value in area or money.(3) The value of money contributions and compensation shall be determined at the time of the transfer decision. Non-official table of contents

§ 59 Allocation and severance

(1) From the distribution mass, the owners are subject to the purpose of the transfer accordingly. Possibility of granting land, including areas for compensation within the meaning of § 1a (3), in the same or equivalent situation as the ground pieces raised and in accordance with the shares calculated in accordance with § § 57 and 58.(2) In so far as it is not possible, taking into account the public law provisions, to actually allocate the shares calculated in accordance with § § 57 and 58, compensation shall be made in money. 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 plan for planning purposes .(3) A request for an owner who has to give up a residential or commercial space in the relaying area and does not receive a property in the rearrangement procedure is requested to be used as a settlement in the transfer procedure for one of the provisions referred to in paragraph 4 (2) and (3). If rights are to be provided for, this should be met if it is possible to do so.(4) With the consent of the affected owners, the severance can be
1.
Money or
2.
Basic property outside of the surrounding area or
3.
the reason for co-ownership of a property, the granting of equal rights, rights in accordance with the Housing Act or other rights in rem within and outside the scope of the transfer area

.(5) Where the transfer is carried out within the scope of a development plan, owners may be found in money or land located outside the territory of the transfer if they do not receive land-based land in the territory of the territory , or if this is otherwise necessary to achieve the objectives and purposes of the development plan; who rejects the severance of land outside the territory, can be found with money. The provisions relating to compensation in the second part of the fifth part shall apply accordingly.(6) If the owner remembers a settlement with the rights referred to in paragraph 4 (2) and (3), it is possible to avoid a severance in money for a larger number of parties and to find a severance payment in such a settlement. Legal forms are compatible with the building plan, the owner is to be found in money. The provisions relating to compensation in the second part of the fifth part shall apply accordingly.(7) In the case of the allocation of land under the conditions of Section 176, the transfer body-the transfer committee at the request of the municipality-may offer a building offer, under the conditions of section 177, a modernization or repair offer, and Arrange a planting bid under the conditions laid down in § 178.(8) Where the transfer is carried out within the scope of a development plan, the conversion plan shall include the buildings or other construction installations which are contrary to the development plan and the implementation of the plan in the conversion plan. (Section 66 (2)). The owners and other persons entitled to use shall condone the disposal of the buildings and other buildings designated in the conversion plan, if the municipality carries out the disposal of the plan for the implementation of the conversion plan.(9) The authority of the congregation, 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. Non-official table of contents

§ 60 Settlement and compensation for construction plants, plantings and other facilities

For construction plants, Plantations and other facilities shall be granted only for the purpose of severing money and, in the case of allocation, to fix a balance in cash, provided that the property has a traffic value exceeding the ground level because of these facilities. The provisions relating to compensation in the second part of the fifth part shall apply accordingly. Unofficial table of contents

§ 61 Waiver, Change and Justification of Rights

(1) Basic rights as well as other rights in one of the A property situated in the surrounding area or on a right under the property, as well as claims with the right to satisfaction from the property or personal rights relating to the acquisition, possession or use of a property in the transfer area , the redeployment plan may be cancelled, amended or recalculated by means of the change-over plan, or limit the right to the person in use. 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 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 tun, dulden or ominy (building load) relating to the property may be repealed, amended or reestablished in agreement with the building approval authority.(2) In so far as the cancellation, amendment or justification of rights or building loads result in property disadvantages or property advantages, compensation shall be made in money. In the event that property disadvantages arise, the provisions on compensation in the second part of the Fifth Part and on the compensation of hardship in accordance with § 181 shall apply accordingly.(3) The provisions of paragraphs 1 and 2 shall also apply to the land plots introduced into the distribution mass pursuant to section 55 (5). Non-official table of contents

§ 62 Community property; special legal relationships

(1) If it is used for the purpose of relaying and Owners agree, community property can be shared on land.(2) If a new property is allocated to an owner for a number of different legal relationships, fractions of the total compensation shall be given in accordance with the different legal relationships. , which shall replace the individual land or authorities. In such cases, a particular plot of land may be allocated for each plot of land or authority in place of the fraction.(3) Where Community property is shared (paragraph 1) or if several new land is allocated to an owner for his property, the relaying site may be subject to fundamental rights and to the real burdens with which the land is burdened; shall be distributed among the plots to be allocated in accordance with the values determined in the retransfer procedure. Non-official table of contents

§ 63 Transition of legal relationships to severance payment

(1) The allocated plots are subject to the rights of the the old land and the legal relationships relating to those land, which are not to be lifted, to the place of the old land. The local public burdens, which rest on the old land, are based on the new land which has been identified in the local situation.(2) The owner, who is assigned a new property, for the old property for compensation of value differences a monetary compensation or according to § 59, § 60 or § 61 a money settlement, so are the righteous persons whose rights by the In so far as they are affected, they rely on the owner's entitlement to the money. Non-official table of contents

§ 64 cash benefits

(1) The municipality is a creditor and a debtor of the cash benefits fixed in the redeployment plan.(2) Cash benefits shall be due in accordance with § 71 of the contract notice. 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, in the event of a dispute over the conversion plan, only on account of the amount of a cash benefit, the amount of which shall be the amount of the contested amount from the date of entry into force of the conversion plan. 2 from the hundred above the basic interest rate in accordance with § 247 of the Civil Code annually.(3) The obligations of the owner or the inheritance entitled to cash benefits in accordance with § § 57 to 61 shall be deemed to contribute and rest as a public burden on the property or the hereditary building law.(4) In order to secure a credit, the
1.
the erection of new buildings, the reconstruction of destroyed Building or extension or extension of existing buildings or
2.
the implementation of the necessary extraordinary repairs to buildings
on the for the purpose of which a basic right of property is ordered, a right of settlement before the public burden referred to in paragraph 3, or a part thereof, may be granted on request in the case of foreclosure in the property, if it does not jeopardise the security of the public burden and the interest and redemption rates for the basic right of property are in accordance with 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. Non-official table of contents

§ 65 deposit and distribution procedure

The deposit of cash benefits and the distribution procedure apply the provisions of § § 118 and 119 accordingly. A non-official table of contents

§ 66 List and content of the conversion plan

(1) The change plan is from the relaying site after discussion with the To draw up 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 incorporation into the property register in the form and content of the transfer plan.(3) The conversion plan shall consist of the transfer map and the transfer list. Non-official table of contents

§ 67 Relocation Card

The transfer 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. Non-official table of contents

§ 68 relocation directory

(1) The transfer directory will run to
1.
the plots, including those allocated outside of the relaying area, by location, size, and Type of use, in contrast to the old and new stock, with the indication of its owners;
2.
the rights to a property or to a property carrying out the property Right, further claims with the right to satisfaction from the property or personal rights which entitle the acquisition, possession or use of a property or restrict the pledge in the use of the land, insofar as they are ,
3.
the land load by rank and amount;
4.
the cash benefits, their maturity and payment type, as well as the value of the areas according to § 55 para. 2 in the case of an allotment to the extent that is subject to the award;
5.
those for whom cash benefits are set;
6.
to draw in and to areas to be laid down within the meaning of section 55 (2) and the watercourses;
7.
the bids according to § 59 (7) and
8.
the building loads according to § 61 para. 1 sentence 3.
(2) The transshipment directory can be set up separately for each plot. Non-official table of contents

§ 69 Announcement of the conversion plan, inspection

(1) The location of the transfer has the decision to establish the Transfer plan (§ 66 para. 1) in the municipality to make known locally. 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 who has a legitimate interest in the change-over plan can be consulted. Non-official table of contents

§ 70 Delivery of the conversion plan

(1) The participant is an excerpt from the change-over plan that concerns their rights . It should be pointed out that the conversion plan can be viewed at a point to be notified in accordance with Section 69 (2).(2) Where the transfer body considers that changes to the conversion plan are necessary, the notice and the notification of the revised conversion plan may be limited to those affected by the change.(3) If the order of the forced auction or the compulsory administration is entered in the land register, the transfer office shall inform the executing court of the transfer register as far as this is the property, the subject matter of the the law on enforcement, and the rights existing in it. Non-official table of contents

§ 71 Entry into force of the conversion plan

(1) The location of the transfer office shall be known in the local language, at which point in time the transfer plan shall be Redeployment plan has become unquestionable. It shall be equal to the occurrence of the unquestionability of the conversion plan if the transfer plan can be countervailed solely on account of the amount of a cash settlement.(2) Before the conversion plan is unquestionable, the transfer body may put into force the spatial and factual parts of the conversion plan by means of a notice if the decision on the appeals lodged does not apply to those parts of the conversion plan can be affected. Persons who have lodged an appeal shall be informed of the entry into force. Non-official table of contents

§ 72 Effects of the notice

(1) The announcement according to § 71 shall state the current state of law by means of the Redeployment plan replaces the new legal status. The notice shall include the designation of the new owners in 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. Non-official table of contents

§ 73 Change of conversion plan

The relocation plan can also be used after the indisputability of the transfer plan if
1.
is changed to the BebauPlan,
2.
a court's final decision makes the change necessary or
3.
the participants with of the change.
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§ 74 Correction of public books

(1) The transfer office will send a certified copy of the contract notice pursuant to § 71 and a certified copy of the conversion plan, and requests it to change the legal changes to the land register by the Land Registry Office and the authority responsible for the management of the ship's property register. and to enter the property register as well as to delete the transshipment note in the land register. This shall also apply to land allocated outside the territory of the relaying area.(2) Up to 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 Basic Book Order, if those for the management of the lieder-property register competent authority on these documents certifies that they are suitable for incorporation into the property register according to the form and content of the certificate. 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)). Non-official table of contents

§ 75 inspection of the change plan

Until the basic book is corrected, the review plan is to be viewed in the redeployment plan. , which shall constitute a legitimate interest. Non-official table of contents

§ 76 Anticipation of the decision

With the agreement of the rightholders concerned, the ownership and ownership of the property can be Conditions of ownership of individual land and other rights under § § 55 to 62 are to be regulated before the redeployment plan is established. § § 70 to 75 shall apply accordingly. Non-official table of contents

§ 77 Premature property statement

(1) If the transfer is within the scope of a development plan, it may be the transfer post after the entry into force of the development plan, if the good of the general public requires it,
1.
before the conversion plan is drawn up, the municipality or the other needs-or development agency in the possession of the properties, which are in the building plan as areas within the meaning of § 9 paragraph 1 (1) (21) or § 55 (2) and (5) have been established;
2.
after the conversion plan has been established and the boundaries of the new land are transferred to the (2) The good of the general public can hold the early instruction in the possession of the property.
(2) in particular,
1.
shall be required in the cases referred to in paragraph 1 (1) in favour of the municipality or any other Needs or development support if measures are to be taken to implement the development plan and the areas are needed for the installations and facilities provided for the development or supply of the area,
2.
in the cases referred to in paragraph 1 (2) for the benefit of other relocation participants, if there are urgent urban reasons for the acquisition of the property, and if these reasons are The interests of the persons concerned in the further exercise of the possession are substantially greater.
(3) § § 116 and 122 apply accordingly. Non-official table of contents

§ 78 Procedure and property costs

The municipality is responsible for the costs of the proceedings and not by contributions pursuant to section 64 (3). covered material costs. Non-official table of contents

§ 79 Insuration of charges and outsourcing

(1) Transactions and negotiations that are responsible for carrying out or avoiding the transfer , including the correction of the public accounts, shall be free of charges and similar non-tax levies as well as expenses; this shall not apply to the costs of a dispute. Regulations shall remain unaffected in accordance with national regulations.(2) Freedom of duty shall be recognised by the competent authority without verification, if the transfer office assures that a business or a negotiation serves to implement or avoid the transfer. name="BJNR003410960BJNG001504301 " />

Second Section
Simplified Relaying

Non-Official Contents

§ 80 Purpose, Scope, responsibilities

(1) The municipality may carry out a transfer within the meaning of section 45 as a simplified transfer if the conditions referred to in § 46 (1) are available and if the transfer only
1.
directly adjacent or in close proximity plot or parts of Exchange of land with one another or
2.
Basic pieces, in particular splinter plots or parts of land, are assigned unilaterally
. 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. One-sided allocation must be in the public interest.(2) The provisions of the First Section shall apply only to the simplified relaying in so far as the provisions of this Section determine this. There is no need for an arrangement of the simplified transfer by the municipality.(3) The simplified conversion shall be carried out in such a way that, in accordance with the ratio of the value of its former land to the value of the remaining land, each owner shall be allocated as much as possible a plot of land in the same or equal position. 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, service and building loads affected by the simplified relaying procedure may be rearranged and newly established and rescinded for this purpose. Affected property rights may be re-ordered if the parties agree to the proposed new legal status.(5) The national governments may, by means of legal regulations, determine that the relaying committees formed in accordance with section 46 (2) (1) and (2) also carry out simplified relegation procedures independently. 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. Non-official table of contents

§ 81 cash benefits

(1) Benefits that are brought about by the simplified relocation are from the owners in money to balance. The provisions relating to compensation in the second part of the fifth part shall apply 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). Section 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) In so far as the rights of the owner are impaired by the simplified relaying, they are dependent on the right of the owner to claim the money. For the deposit of cash benefits and for the distribution procedure, the provisions of § § 118 and 119 shall apply accordingly. Non-official table of contents

§ 82 Decision on simplified relaying

(1) The municipality shall, after deliberation with the owners, make a decision the new borders and the financial performance are fixed and regulated in it, insofar as it is necessary, the reorganisation and for this purpose also the redevelopment and cancellation of serviceability, basic 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 in the form and content of the decision to be taken over into the land register.(2) All parties concerned shall be subject to an extract from the Decision relating to their rights. It should be pointed out that the decision can be taken at a position to be designated. Non-official table of contents

§ 83 Announcement and legal effects of the simplified relaying

(1) The municipality has to make known in a local language, in the date on which the decision on simplified redeployment has become unquestionable. Section 71 (2) on the early entry into force must be applied accordingly.(2) The notice shall replace the existing 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 must be applied accordingly.(3) The ownership of the exchanged or unilaterally assigned land parts and land is subject to load-free access to the new owners; harmlessness certificates 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 give effect to otherwise. Non-official table of contents

§ 84 Correction of public books

(1) The congregation will send the land registry office and the If the competent authority is a certified copy of the decision on simplified conversion, it shall communicate the date of the notice in accordance with Section 83 (1) and request it to change the legal changes to the land register and to the To enter a liegenschaftskataster. Section 74 (2) shall apply accordingly.(2) For the costs of the simplified transfer, § § 78 and 79 apply accordingly.

Fifth Part
Enpropriation

First section
Admissibility of the Expropriation

Non-official table of contents

§ 85 Enpropriation Pursuit

(1) According to this code, only expropriation can be made to
1.
to use or use a piece of land according to the schedule of the building plan
2.
Unbuilt or slightly built plots, 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, to be used in accordance with the building regulations or to be used for a building use,
3.
Land for the To obtain compensation in the country,
4.
to replace rights withdrawn by expropriation with new rights,
5.
To be used for building use if an owner does not fulfil the obligation under Section 176 (1) or (2),
6.
within the scope of a conservation sentence to obtain a structural asset from the reasons specified in § 172 (3) to (5), or
7.
within the scope of a statutes for securing implementation measures of the urban rebuilding, a building construction from the grounds specified in § 171d (3) to be preserved or to be
(2) Untouched
1.
the rules on the expropriation to others than the one in (1),
2.
State-of-law provisions relating to the expropriation for the purposes referred to in paragraph 1 (6).
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§ 86 Subject of expropriation

(1) Due to expropriation,
1.
Owningout or strained property;
2.
other rights are revoked or loaded on land;
3.
Rights are revoked that are used to purchase, authorize the possession or use of land or restrict the pledge in the use of land, including claims for retransmission under the Assets Act;
4.
as far as the provisions of this Part are concerned, legal relationships are justified, the rights of the type referred to in point 3 are granted.
(2) Property as well as items connected to the property for a temporary purpose or inserted into a building may be extended only in accordance with section 92 (4).(3) The rules applicable to the deprivation or liability of property on land are to be applied in accordance with the deprivation, loading or justification of the rights referred to in paragraph 1 (2) to (4). Non-official table of contents

§ 87 Conditions for the admissibility of the expropriation

(1) The expropriation is in the individual case only if the It is probably the general public that requires it and that the end use cannot be achieved in other reasonable ways.(2) The expropriation presuppose that the applicant is seriously concerned with the free-handed acquisition of the land to be expropriated under appropriate conditions, under the conditions of § 100 (1) and (3) under offer of suitable other countries, in vain. The applicant shall have the credibility to ensure that the property is used within a reasonable period of time for the intended purpose.(3) The expropriation of a land for the purpose of preparing it for structural use (Section 85 (1) (1)) or providing it to the building's use (Section 85 (1) (2)) may only be granted for the benefit of the municipality or a public demand for public or public use. Final 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 officially defined sanitization area, it may also be carried out in favour of a remediation medium.(4) The admissibility of the expropriation shall not be affected by the provisions of the sixth part of the second chapter. Non-official table of contents

§ 88 Enpropriation for compelling urban planning reasons

Will the expropriation of a property from the municipality to the in § § Point 1 and 2, for reasons of compelling urban planning, it is sufficient, instead of Section 87 (2), to prove that the municipality is seriously concerned with the free-handed acquisition of this land on reasonable terms and conditions in vain. Sentence 1 shall apply mutagenically, if the expropriation of a land situated in the formally defined redevelopment area is requested in favour of the municipality or of a reorganisation medium. Non-official table of contents

§ 89 Disposal obligation

(1) The municipality has to divindicate land,
1.
obtained by exercising the right of pre-emption or
2.
which have been expropriated in their favor in order to prepare them for a constructional use or to be used for building use.
This does not apply to land that is used as a Exchange for intended urban development measures, for compensation in land or for other public purposes. The obligation to divest the property shall not apply 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 Rights in a property have been established or granted.(2) The municipality shall sell a property as soon as the intended purpose of the acquisition can be or is not fulfilled.(3) The municipality has to divandy the land, taking into account wider circles of the population, to persons who undertake to comply with the land within a reasonable period of time in accordance with the regulations or objectives and purposes of the building of the urban development measure. In the cases referred to in the first sentence of paragraph 1, the previous purchasers, in the cases referred to in the first sentence of the first sentence of paragraph 1, shall be taken into account as a priority by the previous owners.(4) The municipality may comply with its obligation to divl the property by
1.
the property on the property ,
2.
Same rights or rights according to the Housing Law or
3.
other dingy rights
established or granted. The acquisition of a claim to the acquisition of such rights shall be the same as the acquisition or granting of such rights or the transfer of ownership. Non-official table of contents

§ 90 Enpropriation of land for compensation in country

(1) The expropriation of land for compensation in land (Spare country) is allowed if
1.
fix the compensation of an owner according to § 100 in the country is,
2.
the provision of land suitable for use as a substitute country within the framework of the intended urban development, neither from the property of the Beneficiaries of the expropriation of the property of the federal government, the country, a municipality (municipal association) or a legal person of private law, at which the federal government, the country or a municipality (municipal association), alone or jointly, predominately , and
3.
appropriate plots of land suitable by the beneficiary of the expropriation subject to appropriate conditions, in particular, to the extent that he/she is this is possible and reasonable, and cannot be acquired by any other country from its own assets, or from the acquis of private law legal persons in whose capital it is predominantly involved.
(2) Land is not subject to expropriation for compensation in country, if and as far as
1.
The owner or the land or forestry property also the other person entitled to use on the land to be expropriated depends on his professional or gainful employment and he is in the interests of the conservation of the land the profitability of its operation is not to be attributed to the levy or
2.
the land or its returns directly public or the welfare, to which: Teaching, research, health and health care, education, physical education or the duties of the churches and other religious societies of public law, as well as their facilities, are intended to serve or to serve .
(3) Outside the geographical scope of a construction plan and outside the areas built up in the context, land for compensation in land can only be expropriated if it is used for agricultural or forestry use. .(4) The expropriation for the purpose of compensation of an owner, whose land is expropriated for the procurement of substitute land, is inadmissible. Non-official table of contents

§ 91 Replacement for withdrawn rights

The expropriation for the purpose of rights granted by expropriation shall be granted by new rights if the replacement is provided for in the provisions of the second section, it shall be admissible only. The provisions of § 90 (1) and (2) for the expropriation of the expropriation for compensation in the country shall apply mutagenically to the replacement of rights granted by new rights by way of expropriation in accordance with section 97 (2) sentence 3. Non-official table of contents

§ 92 Scope, restriction and extension of expropriation

(1) A property may only be expropriated to the extent that: this is necessary in order 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 may ask for the deprivation of the property in place of the burden. If a property is to be burdened with another right, the owner may ask for the withdrawal of the property if the burden with the right of rem for him is unbilly.(3) If a plot of land or a spatially or economically connected property is to be expropriated only in part, the owner may request the extension of the expropriation to the remaining property or the remaining property to the extent that the property is The remaining property or the remaining property can no longer be used in an appropriate scale in terms of construction or economic use.(4) The owner may require that the expropriation be extended to the items referred to in § 86 (2) if and to the extent that he is no longer able to use them economically as a result of the expropriation or if he can reasonably use it in another way.(5) A request pursuant to paragraphs 2 to 4 shall be submitted in writing or in writing to the expropriation authority until the end of the oral proceedings.

Second Section
Compensation

unofficial table of contents

§ 93 indemnity principles

(1) Compensation is to be paid for the expropriation.(2) The compensation shall be granted to
1.
for the expropriation Loss of rights,
2.
for other items of asset disadvantage due to expropriation.
(3) Property benefits that are the property of the person entitled to compensation (§ 94) as a result of the Expropriation shall be taken into account in the determination of the compensation. If a fault of the person entitled to compensation has been involved in the creation of an asset disadvantage, Section 254 of the Civil Code shall apply accordingly.(4) For the assessment of the compensation, the condition of the property is decisive at the time when the expropriation authority decides on the expropriation request. In the cases of early possession of the property, the condition shall be determined at the time when the condition becomes effective. Non-official table of contents

§ 94 Compensation and indemnity obligated

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

§ 95 Compensation for loss of rights

(1) The compensation for the loss of rights due to the expropriation shall be measured in accordance with the traffic value (§ 194) of the land to be expropriated or the other subject-matter of the expropriation. The traffic value shall be determined at the time when the expropriation authority decides on the application for expropriation.(2) In determining the compensation, disregard of
1.
increases in value of a property shall not be taken into account. who have entered the prospect of a change in permitted use if the change is not to be expected in the foreseeable future;
2.
Changes in value that are due to of the impending expropriation;
3.
increases in value which occurred after the date in which the owner purchase a purchase for the purpose of avoiding the expropriation, or exchange offer of the applicant with reasonable conditions (§ 87 (2) sentence 1 and § 88), unless the owner has invested capital or work for them;
4.
value-enhancing changes that have been made during a change lock without permission from the building approval authority;
5.
value-enhancing changes that have been made after the expropriation process has been initiated without the official order or consent of the expropriation authority;
6.
Agreements as far as they conspicuously differ from normal agreements and justify the assumption that they have been made in order to provide a higher compensation
7.
Soil values that would not be taken into account 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 can be requested at any time under public law provisions. If the rebuilding cannot be requested without compensation until a period has expired, 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 diminished by the rights of third parties which are maintained on the property, newly founded on another property or separately compensated, this shall be the case in the determination of the compensation for the Legal loss should be taken into account. Non-official table of contents

§ 96 Compensation for other asset disadvantages

(1) Due to other asset disadvantages caused by the expropriation of assets , compensation shall be granted only if and to the extent that such financial disadvantages are not taken into account in the assessment of the compensation for loss of rights. The compensation shall be determined with a fair balance between the interests of the general public and the parties concerned, in particular for
1.
the temporary or permanent loss of the previous owner in his or her professional activity, his gainful activity or in the fulfilment of his duties according to his/her responsibilities Suffers, however, only up to the amount of effort required to use another plot of land in the same way as the plot to be deappropriated;
2.
the impairment loss due to the expropriation of a land part or part of a spatially or economically related property on the other part or by Expropriation of the right to a property in another property arises, insofar as the impairment loss is not already taken into account in the determination of the compensation in accordance with point 1;
3.
the necessary expenses for a move required by the expropriation.
(2) In the case of paragraph 1, no. 2, § 95 para. 2 no. 3 is to be applied. Non-official table of contents

§ 97 Handling of the Rights of the Entitled Persons

(1) Rights to the property to be expropriated and personal rights, which entitle the property to the possession or use of the property or restrict the pledge in the use of the land, can be maintained to the extent that this is compatible with the purpose of the expropriation.(2) As a substitute for a right in a property which is not maintained, the substitute country or any other land of the expropriation beneficiary may be subject to an equal right with the consent of the rightholder. 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 may be used for that purpose. Requests for sentence 3 must be submitted in writing or in writing to the expropriation authority before the start of the oral proceedings.(3) Insofar as rights are not maintained or are not replaced by new rights, the expropriation of a land shall be subject to separate compensation
1.
Inheritance Rights, AltenteilsAuthorized, and holders of serviceability and labor rights on the property,
2.
Holders of personal rights that entitle the holder to the property or use of the property if the person is in possession of the property,
3.
Holders of personal rights who authorize the acquisition of the property or limit the pledge in the use of the property.
(4) Authorized persons whose rights are shall not be maintained, shall not be replaced by new rights and shall not be compensated separately shall, in the case of the expropriation of a property, be entitled to the replacement of the value of their right of compensation for the ownership of the property, to the extent that: extends its right to this. 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 debt transition

(1) port to a mortgage that is maintained or through a new right to another. If the property is replaced, the person affected by the expropriation at the same time is personally responsible, the beneficiary of the expropriation shall be liable for the amount of the mortgage. § § 415 and 416 of the Civil Code shall apply accordingly; as the transferor within the meaning of section 416 the person concerned shall be regarded as 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 replaced by a new right to another property, the person affected by the expropriation shall be personally liable at the same time, provided that he is not later than the person concerned in accordance with § § In the event of a claim, the date of appeal shall be notified in the light of the amount and amount of the amount and the reason for which it has been requested and, at the request of the expropriation authority or of a party, has made it credible. Non-official table of contents

§ 99 Compensation in money

(1) The compensation is to be paid in a one-time amount, as far as this code is nothing else. At the request of the owner, the compensation may be fixed in recurrent benefits if this is to be attributed to the other parties concerned.(2) The compensation in a hereditary building is to be provided for the loading of a land with an inheritance law.(3) One-off compensation amounts are to be galvanissed with 2 of the hundred above the basic interest rate in accordance with § 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. Non-official table of contents

§ 100 Compensation in country

(1) The compensation shall be determined at the request of the owner in a suitable replacement country, if he is dependent on a substitute country to secure his/her professional activity, his/her gainful employment, or to fulfil his/her duties, and
1.
the expropriation beneficiary has the appropriate plots of land suitable for use as a surrogate country for which he is not responsible for his or her professional activity, gainful employment or for the fulfilment of his/her work according to his/her own , or
2.
the eligible country eligible for the expropriation is free-handed at the discretion of the expropriation authority. appropriate conditions can be obtained or
3.
suitable replacement country can be procured by expropriation according to § 90.
(2) Will the compensation in replacement country , the purpose of the replacement country and the period in which the land is to be used for the intended purpose are also to 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, even in a suitable alternative country, if a property is to be expropriated with a home or a small settlement is built. This does not apply if the decommissioning of the building can be requested at any time according to public law provisions.(4) The compensation may, at the request of the expropriated or expropriation beneficiary, be fixed in whole or in part in the country of replacement, if that kind of compensation is granted in accordance with the discretion of the expropriation authority, with a fair balance of The interests of the general public and of the parties concerned shall be cheap and in the case of the beneficiary of the expropriation the conditions referred to in paragraph 1 (1) or (2) shall be available.(5) In order to determine the value of the replacement country, § 95 shall be applied 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 compensatory payment shall be due on the date fixed in the Implementing Regulations pursuant to § 117 (5) sentence 1.(6) If the compensation is fixed in the country, in accordance with Section 97 (2), in whole or in part, the rights of rem or personal rights, insofar as they are not upheld on the property to be expropriated, shall be replaced in whole or in part in accordance with Section 97 (2). . Insofar as 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 Article 97 (4) only, insofar as their rights are not due to one of the owners referred to in paragraph 5 will be covered by additional financial compensation.(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 paragraph 6 until the end of the oral proceedings (§ 108). (8) If co-ownership, equal rights or rights under the Housing Property Act are also suitable for securing the professional or gainful employment of the person entitled to work or for the fulfilment of the tasks assigned to him in accordance with the provisions of the law, the Owners of these rights are offered in place of the surrogate country. 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) Where the owner is entitled to a replacement country in accordance with paragraph 1 or 3 and, with the consent of the beneficiary outside the expropriation procedure, he procures a substitute country or the rights referred to in paragraph 8 itself, he shall have the right to: Beneficiaries of expropriation shall be entitled to reimbursement of the necessary expenses. 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. Non-official table of contents

§ 101 Compensation by granting other rights

(1) The owner of a property to be expropriated may rely on his application, if this is cheap, in consideration of the interests of the parties concerned, be fully or partially compensated for
1.
by ordering or transferring co-ownership to a property, real estate rights, rights under the Housing Property Act, other rights in rem on the expropriating land or other land of the dispossessed beneficiary or
2.
by transferring ownership of a built property of the Dispossessed beneficiaries or
3.
by transferring ownership of a property of the expropriation beneficiary that is built with a home or a small settlement
In the case of value differences between the rights as set out in the first sentence and the property to be expropriated, § 100 para. 5 shall apply accordingly.(2) The application referred to in paragraph 1 shall be made in writing or in writing to the expropriation authority until the end of the oral proceedings. Non-official table of contents

§ 102 Reappropriation

(1) The expropriated former owner can demand that the deappropriated plot to be For the benefit again (reappropriation), if and as far as
1.
the beneficiary by the expropriation or his successor in law did 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 congregation has failed to fulfil its obligation to transfer according to § 89.
(2) The reappropriation cannot be required if
1.
the dispossessed the property by expropriation according to the regulations of this code or of the building land procurement law, or
2.
a procedure for the expropriation of the land in accordance with this law book initiated in favour of another building-class , and the expropriated former owner does not believe that he/she will use the property within a reasonable period of time for the intended purpose.
(3) The request for reappropriation has been submitted within two years since the date of the creation of the Claim to be submitted to the competent expropriation authority. 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 in succession has been initiated before the application has been received by the expropriation authority.(4) The expropriation authority may refuse the reappropriation of the property if the property has been significantly altered or if the property has been granted in whole or in part in compensation in the country.(5) The former holder of a right which has been removed by expropriation in accordance with the provisions of this Code may, subject to the conditions laid down in paragraph 1, require that an equal right be made to the land previously subject to his or her obligations under the law. For the benefit of expropriation, it is justified. The provisions relating to the appropriation of repayment shall apply accordingly.(6) § § 104 to 122 shall apply mutaly to the procedure. Non-official table of contents

§ 103 Compensation for reappropriation

If the application for reappropriation is granted, the applicant shall: compensation for the loss of rights from the reappropriation of the person concerned. 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 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 rules on compensation in the second section shall apply.

Third Section
Enpropriation Procedure

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§ 104 expropriation authority

(1) The expropriation will be carried out by the higher administrative authority (expropriation authority). (2) The state governments can Ordinance on the law stipulate that the decisions of the expropriation authority should have a part to participate in the decision-making process. Unofficial Table Of Contents

§ 105 Expropriation Request

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

§ 106 Participants

(1) The expropriation proceedings are participants
1.
the applicant,
2.
the owner and those for whom a right is entered in the land register or secured by the property in the land register or secured by the registration ,
3.
Holger of a right not registered in the land register on the property or on a right bearing the property, of a claim with the right to Satisfaction of the property or of a personal right which entitles or limits the use of the land for the acquisition, possession or use of the land,
4.
if surrogate country is provided, the owner and the holders of the rights referred to in paragraphs 2 and 3 with respect to the surrogate country,
5.
the owners of the plots affected by expropriation in accordance with § 91, and
6.
Community.
(2) The persons referred to in paragraph 1 (3) shall be involved at the time when the notification of their right to the expropriation authority is granted. 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 of his right to the notifier. After fruitless expiry of the period, he shall no longer be involved until the credibility of his/her right.(4) The creditor, registered in the land register, of a mortgage, the basic debt or the pension liability for which a letter is issued, and each of his or her legal successor, shall, at the request of the expropriation authority, make a statement as to whether or not another person has the right to: A mortgage, a basic debt or a pension or a right to a pension; the person of an acquirer shall have the right to refer to it. Section 208, sentences 2 to 4 shall apply accordingly. Non-official table of contents

§ 107 Preparation of oral proceedings

(1) The expropriation procedure is to be accelerated. Before the oral proceedings, the expropriation authority shall take all the necessary arrangements to ensure that the proceedings are carried out in a time of negotiation. 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 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 shall consult the agricultural authority when land-based land which is outside the territorial scope of a development plan is to be expropriated for compensation in the country.(3) Enpropriation procedures can be combined. They are to be connected if the municipality requests it. Related expropriation procedures can be separated again. Non-official table of contents

§ 108 Initiation of the expropriation procedure and the appointment of the oral proceedings; Enpropriation note

(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 in favour of the municipality may already be initiated if
1.
the design of the development plan according to § 3 paragraph 2 and
2.
with the parties involved the negotiations pursuant to section 87 (2) and the proceedings against the draft of the The plan has been discussed within the deadline set by the Commission. The municipality can conduct the negotiations according to § 87 (2) and discuss the suggestions in the same date.
The procedure must be promoted in such a way that the expropriation decision can be taken as soon as the building plan has become legally binding. An agreement according to § 110 or § 111 may also take place before the Bebau Plan is legally binding.(3) The load must contain
1.
the name of the applicant and the person concerned. Property,
2.
the essential content of the expropriation request, indicating that the application with the documents attached to it is considered by the expropriation authority ,
3.
The request to make any objections against the expropriation request in writing, if possible before the oral proceedings with the expropriation authority submit or declare the minutes, and
4.
Note that even in the case of non-appearance of the expropriation request and other procedures to be done in the proceedings
() The charge of persons whose participation is based on a request for compensation in the country must, in addition to the content prescribed in paragraph 3, also include the name of the owner, the compensation of which must be paid in the form of a Land is requested and the land for which compensation is to be granted in the country.(5) The initiation of the expropriation proceedings shall be made known locally, under the name of the property concerned and the first date of the oral proceedings with the parties, as the owner of the land register and the first date of the oral proceedings. 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, can be decided.(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 shall notify the expropriation authority of any entries made and made in the land register of the land concerned after the date of the opening of the expropriation procedure.(7) If the order of compulsive auction or compulsory administration is entered in the land register, 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 which: of the enforcement procedure. Non-official table of contents

§ 109 Approval requirement

(1) From the notice on the initiation of the expropriation procedure to require the notice in § 51 shall be subject to the written authorisation of the expropriation authority, and shall be subject to the following conditions:(2) The expropriation authority may refuse authorisation only 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) If legal operations or projects referred to in paragraph 1 are to be expected before the contract notice, the expropriation authority may order that the permit requirement referred to in paragraph 1 already occurs at an earlier date. The arrangement is to be made known in a customary manner and to be communicated to the base buchamp.(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 has to work towards an agreement between the parties.(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 authorized representative of the owner shall require a publicly certified full power.(3) The agreement assessed shall be equal to an expropriation decision which is no longer countervailable. Section 113 (5) shall apply accordingly. Non-official table of contents

§ 111 partial agreement

The parties only agree on the transition or the burden of ownership of the Expropriating property, but not the amount of the compensation, shall be subject to the provisions of Section 110 (2) and (3). 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. Non-official table of contents

§ 112 Decision of the expropriation authority

(1) If an agreement is not reached, the decision is taken by the Expropriation authority on the basis of oral proceedings by decision on the application for expropriation, the other applications submitted and the objections raised.(2) At the request of a participant, the expropriation authority must decide in advance 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 such a case, the expropriation authority shall arrange for the beneficiary to be paid in advance at the level of the compensation to be expected.(3) If the expropriation authority gives the expropriation request, it shall at the same time decide
1.
above, the rights of the beneficiaries referred to in § 97 to be maintained in the subject of the expropriation,
2.
on the rights of the subject-matter of the Deappropriation, the substitute country or any other property,
3.
about which legal relationships are justified, the rights of those in § 86 (1) (3) and (4) (4)
4.
in the case of compensation in the country of replacement via the transfer of ownership or the expropriation of the replacement country.
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§ 113 Enpropriation Decision

(1) The decision of the expropriation authority is to be delivered to the parties. The decision shall be accompanied by an instruction on 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 person affected by the expropriation and the expropriation beneficiary;
2.
the other Participants;
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, namely
a)
if ownership of a property is the subject of the expropriation, the plot by size, land-based, cadastral, and otherwise normal name; in the case of expropriation of a piece of land shall be referred to its name in relation to surveying specifications (measurement plans and maps), which are manufactured by a body authorized to carry out performance measurements or by a publicly appointed surveying engineer. ,
b)
if another right in a property is the subject of an independent expropriation, that right according to the content and the basic booksess Name,
c)
if a personal right entitles the acquisition, acquisition, possession or use of land, or the pledge in the use of Land is limited, subject to an independent expropriation, that right according to its content and the reason of its existence,
d)
the term referred to in Article 86 (2) Items, if the expropriation is extended to this;
5.
when a property is loaded with a right of the kind, the content, as far as it is provided by contract , as well as the rank of the right, the person entitled and the property;
6.
on the grounds 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 compensation pursuant to § 100 (5) sentence 4 and § 101 (1) sentence 2 with the indication of whom and to whom they are to be provided; Compensation for damages, from which others are to be compensated for by the expropriation pursuant to § 97 (4), must be expelled separately from the other claims for money;
9.
in the case of compensation in land the property in the manner referred to in point 4 (a).
(3) In the cases of § § 111 and 112 para. 2, the expropriation decision is shall be limited accordingly.(4) Where a part of the land cannot yet be referred to in accordance with paragraph 2 (4) (a), the decision to expropriate it may, by reason of fixed characteristics in nature or by reference to the registration, refer to a site plan. If the result of the survey is available, the expropriation decision shall 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 inform the executing court of the expropriation decision if the expropriation request has been accepted. Non-official table of contents

§ 114 Run period of use

(1) The time limit within which the expropriation purpose is to be implemented in accordance with Section 113 (2) No. 3 , starts with the entry of the legal change.(2) The expropriation authority may extend this period prior to its expiry if
1.
of the If the beneficiary proves that he cannot fulfil the expropriation purpose without fault within the time limit laid down, or
2.
before the expiry of the period, a As a whole, the legal successor proves that he is unable to fulfil the expropriation purpose within the stipulated period.
The expropriated former owner is to be heard before the decision on the extension. Non-official table of contents

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

(1) To compensate the owner of a shall be fixed in accordance with § 101 and the order, transfer or determination of the value of any of the rights referred to therein at the time of the adoption of the decision of the expropriation is not yet possible, the Expropriation authority, where the owner of the expropriation decision applies, under the name of a right, to give up in the expropriation decision, in addition to the fixing of the compensation in money, to the beneficiary of the expropriation, within a specified period of time, to the expropriation beneficiary. To offer the affected persons a right of the designated type on reasonable terms.(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 expropriation of the person concerned by the expropriation Affected 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 time limit. Non-official table of contents

§ 116 Premature property statement

(1) The immediate execution of the intended action is for the sake of the well-being of the As a matter of urgency, the expropriation authority may, at the request of the applicant, give the applicant the property of the land plot concerned by the expropriation procedure. 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 shall be fixed at least two weeks after the date of notification of the order for the early possession of the order.(2) The expropriation authority may make the early possession of the property conditional on the performance of a security in the amount of the expected compensation and on the previous performance 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 arrangement shall be sent to the applicant, the owner and the owner.(3) The possession of the property shall be withdrawn from the holder and the owner of the property shall be removed. The authorized person may carry out on the property the building project he has described in the application for expropriation and take the necessary measures.(4) In so far as the disadvantages are not compensated for by the interest in compensation (§ 99 (3)), the person who has been granted compensation must pay compensation for the financial disadvantages resulting from the early possession of the property. 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 in respect of 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 expropriation authority shall establish the condition of the land in a minutes prior to the possession of the property, in so far as it applies to the possession of the property, or to the Expropriation compensation is of importance. A copy of the transcript shall be sent to the parties.(6) If the request for expropriation is dismissed, the early possession of the property shall be cancelled and the previous direct owner remitted to the possession. 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. Non-official table of contents

§ 117 Execution of the expropriation decision

(1) The decision of the expropriation is or are the decisions pursuant to § 112 (1). 2 no longer countervailable, so at the request of a participant the expropriation authority orders the execution of the expropriation decision or the preliminary ruling (execution order), if the beneficiary by the expropriation benefits the money compensation, in the In the event of a preliminary ruling, the advance payment fixed in accordance with Article 112 (2), second sentence, has been paid or deposited in an admissible manner without the right of the withdrawal. 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 § 111, the execution order shall be issued at the request of a party, if the amount of compensation paid by the expropriation shall be paid to the amount of compensation undisputed between the parties, or in a permissible manner, waiving the amount of the compensation. has deposited the right of withdrawal. The second sentence of paragraph 1 shall apply mutatily to the extent to which the agreement does not result in otherwise.(3) In the case of Section 113 (4), the execution order must be issued at the request of a party, if the beneficiary of the expropriation has paid the money for the payment of the money fixed in the decision of the expropriation in connection with the supplementary decision; or has been lawfully deposited without the right of withdrawal. The supplementary decision does not need to be indisputable.(4) The execution order shall be notified to all parties whose legal status will be 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 legal status governed by 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 order of execution shall include the entry into the possession of the unappropriated land and of the substitute land at the fixed date.(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 requests it to enter the legal changes in the land register. Non-official table of contents

§ 118 deposit

(1) Allowance for money from which other beneficiaries are to be satisfied in accordance with Section 97 (4) shall be subject to: Waiver of the right of withdrawal to the extent that several persons are entitled to it and an agreement on the withdrawal is not established. The deposit shall be deposited with the district court in whose district the property affected by the expropriation is situated; § 2 of the Forced Auctions Act shall apply accordingly.(2) This shall not affect other provisions on the basis of which the deposit is required or is subject to the provisions of the Statute. Non-official table of contents

§ 119 Distribution procedure

(1) After the new state of law has entered into force, each participant may be entitled to the deposited Sum against a co-participant who denies this right, assert before the ordinary courts or request the initiation of a judicial distribution procedure.(2) The district 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 shall apply mutagentily.(3) Rules relating to the distribution of the proceeds in the case of forced auction shall be applied to the distribution procedure in accordance with the following derogations: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
The distribution process is to be opened by decision;
2.
the delivery of the opening decision to the applicant is deemed to be a seizure within the meaning of § 13 of the Forced Forced Law; is the plot already in a The Court of Appeal has been confiscated by forced or compulsory administrative procedures;
3.
The Court of Appeal opened its proceedings at the opening of the proceedings of the Court of Appeal on the grounds of the Land Registry, to request the communications referred to in Article 19 (2) of the Forced Insurance Act; the certified copy of the basic book shall be the date of notification of the de-propriation decision to the de-dough to include existing entries as well as the subsequent changes and deletions;
4.
the procedure referred to in § 97 (4). The right to compensation in accordance with § 10 of the Forced Enforcement Act shall be taken into account, but only for the period up to the date of deposit.
(4) As far as the state of the country law The rules governing the distribution of the proceeds in the event of a forced auction shall not be carried out by the court of enforcement but by another body, may be determined by national law that this other body shall also be used for the purposes of the The distribution procedures referred to in paragraphs 1 to 3 shall be responsible. 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

§ 120 Repeal of the Enpropriation Decision

(1) If the execution order has not yet been issued, the Expropriation authority to waive the expropriation decision on request if the beneficiary of the expropriation has not made the payments imposed on it by the expropriation decision within one month of 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 section 97 (4) shall be entitled to apply for an application.(2) Before the repeal, the beneficiary shall be heard by the expropriation. The repeal decision shall be notified to all interested parties and shall be notified in writing to the congregation and the Land Registry. Non-official table of contents

§ 121 Costs

(1) The applicant has to 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 costs incurred by the handling of his application shall be imposed on the other party if his application was manifestly unfounded.(2) Costs shall be the costs of the proceedings and the expenses incurred by the parties for the appropriate legal proceedings or defence. The fees and expenses of a lawyer or other authorised representative shall be reimbursable if an authorised representative has been required to be granted. Expenses for an authorised representative, for which fees and expenses are not provided for by law, can only be reimbursed up to the level of the legal fees and expenses of legal councings.(3) expenses incurred as a result of the fault of a person entitled to reimbursement shall be borne by the latter himself; 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. Non-official table of contents

§ 122 Enforceable title

(1) Enforcement in accordance with the rules of the Code of Civil Procedure on the Enforcement of judgments in civil litigation takes place
1.
from the minutes on an agreement on the basis of the benefits referred to in it;
2.
from a no longer countervailable expropriation decision on the basis of the payment of the money to be paid or of a decision to be taken by a Compensatory payment;
3.
from a decision on the early ownership or their cancellation because of the benefits fixed in it.
The Enforcement 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 court of law of the Office of this 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, replaces the process court.

Sixth part
indexing

first section
General rules

unofficial Table of contents

§ 123 Closing load

(1) The development is the task of the municipality, insofar as it is not incumbable under other legal regulations or public service obligations to another.(2) The development facilities shall be manufactured inexpensively in accordance with the requirements of construction and transport and shall be usable at the latest by the completion of the building installations to be connected.(3) A legal right to access is not available.(4) The maintenance of the development facilities is governed by national law. Non-official table of contents

§ 124 Disclosure obligation after a rejected contract offer

The municipality has a building plan within the meaning of § 30 paragraph 1, and if it rejects the reasonable offer to conclude an urban development contract, it shall be obliged to carry out the development itself. Non-official table of contents

§ 125 Binding to the building plan

(1) The production of the development facilities within the meaning of section 127 (2) sets a Construction plan ahead.(2) If a development plan is not available, such 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 deviations from the provisions of the development plan, if the deviations are compatible with the broad outlines of the planning and if the deviations are compatible with the plan. style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
the containment systems behind the fixtures, or
2.
The final contributor is no longer considered to be burdened in the case of a plangemete production and the deviations do not significantly increase the use of the land concerned.
A non-official table of contents

§ 126 Obligations of the owner

(1) The owner has the attachment of
1.
Street lighting fixtures and lines, including the To tolerate lighting fixings and accessories as well as
2.
license plates and information signs for closing systems
on their property. It must be notified in advance.(2) The development institution shall eliminate any damage caused to the owner by the installation or removal of the objects referred to in paragraph 1; he may, instead, make appropriate compensation in money. In the event of an agreement on compensation not being reached, the higher management authority shall decide; the parties to the decision shall be heard before the decision.(3) The owner has to provide his property with the number fixed by the municipality. In addition, the national regulations apply.

Second section
Closing contribution

A non-official table of contents

§ 127 Survey of the Settlement Contribution

(1) The municipalities collect a collection to cover their otherwise uncovered costs for the development of the final installation Contribution to the final decision in accordance with the following provisions.(2) For the purposes of this section, the development of installations shall be
1.
roads intended for the cultivation of the public, Routes and places;
2.
The public, for legal or actual reasons, with motor vehicles, non-motorised transport facilities within the construction areas (e.g. B. Footpaths, Residencuses);
3.
Collared roads within the construction areas; collection streets are public roads, paths and places that are not intended for cultivation, but are used for the Development of the construction sites is necessary;
4.
Parking spaces and green spaces other than children's playgrounds, insofar as they are included in the points 1 to 3 of the
5.
Equipment for the protection of construction sites against harmful effects on the construction sites. 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 can be made for the basic advertising, the release and for parts of the development facilities. (4) The right to impose charges on installations which are not development facilities within the meaning of this section shall remain unaffected. 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

§ 128 Scope of the Closing Effort

(1) The cost of closing in accordance with § 127 includes the cost of
1.
the acquisition and release of the surfaces for the containment systems;
2.
their initial production including the facilities for their drainage and their lighting;
3.
the acquisition of assets as communal closing systems.
The development effort also includes the value of the areas provided by the municipality from its assets at the time of deployment. The costs for the acquisition of the land for development facilities include the value in accordance with § 57 sentence 4 and § 58 (1) sentence 1 in the case of a grant-responsible allocation within the meaning of § 57 sentence 4 and the first sentence of section 58 (1) sentence 1.(2) In so far as the municipalities are entitled under national law to levy contributions to the costs of extensions or improvements to the development facilities, this right shall remain unaffected. The countries can determine that the costs of lighting the development facilities will not be included in the closing effort.(3) The cost of closing does not include the cost of
1.
Bridges, tunnels, and underpasses with the the ramps;
2.
the roads of the local thoroughfares as well as of the country roads I and II. Order as far as the roadways of these roads do not require a greater width than their subsequent free lines.
Table of contents

§ 129 Contributable development effort

(1) In order to cover the otherwise uncovered development effort, contributions can only be collected to the extent that the development facilities are required to provide the Areas under construction and commercial land to be used in accordance with the provisions of the building law (contribution to be able to be provided with a contributory effect). 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 costs.(2) Costs which have already been incurred by an owner or his/her legal guerrian for development measures shall not be re-levied in the case of the takeover as a common ground-up facility. Non-official table of contents

§ 130 Type of determination of the contributory cost of closing

(1) The contributory expenditure can be determined by the actual costs incurred or in accordance with unit rates. The unit rates shall be fixed in accordance with the average cost of comparable closure installations in the municipality.(2) The contributory expenditure can be determined for the individual closure system or for certain sections of an enclosure system. 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. Non-official table of contents

§ 131 Standards for distribution of the costs of closure

(1) The determined contributory expenditure for the development of the final A closure system shall be distributed to the land covered by the installation. In the case of joint effort determination in a development unit (§ 130 para. 2 sentence 3), the distribution of the costs of development shall only be taken into consideration once during the distribution of the costs of the development.(2) Distribution scales are
1.
the type and measure of constructional or other Usage;
2.
the plot surfaces;
3.
the plot width at the Final installation.
The distribution scales can be connected to each other.(3) In areas which are opened after the entry into force of the Federal Building Act, if a different construction or other use is permissible, the standards referred to in paragraph 2 shall be applied in such a way as to ensure that the diversity of such use is not in accordance with the type and size of the product. Non-official table of contents

§ 132 Regulation by statute

The municipalities are governed by the statutes
1.
the type and scope of the containment lines as defined in § 129,
2.
the method of determining and distributing the effort as well as the height of the unit set,
3.
Cost splitting (§ 127 para. 3) and
4.
the characteristics of the final production of a final installation.
Non-official table of contents

§ 133 Subject and origin of the obligation to pay

(1) The obligation to pay contributions is subject to land for which a building or commercial use is fixed , as soon as it is allowed to be built or used for commercial purposes. Land which has not been fixed for construction or commercial use shall be subject to the obligation of contribution if, in accordance with the conditions of transport, the land is built up and after the orderly development of the municipality for building construction are pending. The congregation shall disclose which land is subject to the obligation to provide contributions in accordance with the second sentence of sentence 2; the notice shall not have a legal effect.(2) The obligation to pay contributions shall be the result of the final production of the closing equipment, for partial amounts, as soon as the measures whose expenditure is to be covered by the partial amounts have been completed. In the case of Section 128 (1), first sentence, No. 3, the obligation to provide contributions shall be the result of the takeover by the municipality.(3) In the case of a property for which an obligation to pay contributions has not yet been or is not fully incurred, advance payments may be made to the final contribution up to the amount of the final final contribution to the final final decision if a Construction projects on the land are approved or if the production of the development facilities has been started and the final production of the development facilities 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 incurred six years after the date of the adoption of the advance performance, the advance payment may be required if the closure system has not yet been used until that date. The repayment claim is to be galvanissed annually from the imposition of the advance payment at 2 of the hundred above the basic 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. Non-official table of contents

§ 134 Contributor to contributor

(1) The person who is responsible for the contributor at the time of the announcement of the contribution rate is the person responsible for the contribution. The owner of the property is. 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. A number of contributors shall be liable as total debtors; in the case of residential and partial property, the individual property owners and the partial owners shall only be subject to contributions in accordance with their share of co-ownership.(2) The contribution shall be as a public burden on the property, 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 partial property. Non-official table of contents

§ 135 Maturity and payment of the contribution

(1) The contribution is made one month after the publication of the contribution rate. due.(2) The municipality may, in order to avoid unreasonable hardship on a case-by-case basis, in particular as far as is necessary for the implementation of an approved construction project, allow the contribution to be paid in installments 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 beyond two years.(3) In accordance with the provisions of paragraph 2, where the municipality is subject to retirement, the contribution to the closure shall be converted into a debt to be paid in no more than ten years ' time by means of a communication. 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 benefits within the meaning of Section 10 (1) (3) of the Compulsory Versteiment Act.(4) Where land is used economically or as a forest, the contribution shall be for as long as the land has to be used for the maintenance of 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 the 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 in the sense of the Federal Act on Small Gardeners.(5) In individual cases, the municipality may also completely or partially depart from the collection of the final contribution, if it is offered 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 incurred.(6) Further national legal systems of equity remain unaffected.

Seventh part
measures for nature conservation

unofficial table of contents

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

(1) Fixed measures for the compensation within the meaning of Section 1a (3) are of the to carry out the carrier.(2) In so far as measures to compensate elsewhere are allocated to the land in accordance with § 9 (1a), the municipality shall carry out the same in place and at the expense of the subcarrier or the owner of the land and shall also require the necessary Provide space provided this is not otherwise secured. The compensation measures can already be carried out prior to the construction measures and the assignment.(3) The costs may be claimed as soon as the land on which interventions are to be expected may be used in construction or industrial use. 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 fairness of the system, shall apply accordingly. Unofficial Table Of Contents

§ 135b Distribution Measures for Accounting

To the extent that the municipality implements measures to compensate for § 135a (2), the costs are to be allocated to the allocated land. Distribution scales are
1.
the superstructible land surface,
2.
the allowable base,
3.
the sealing or
4.
the severity of the interventions to be expected.
The distribution scales can be connected. Non-official table of contents

§ 135c Statutes

The municipality can regulate by statute
1.
Principles for the design of measures to compensate according to the fixtures of a Recovery plan,
2.
The amount of reimbursement according to § 135a; in this case, § 128 (1), first sentence, no. 1 and 2 and the second sentence, shall be applied accordingly,
3.
the nature of the cost determination and the height of the unit set according to § 130,
4.
the distribution of the Costs according to § 135b including a lump-sum of the seriousness of the expected interventions according to biotope and usage types,
5.
the requirements for the requirement of advance payments,
6.
the maturity of the cost reimbursement amount.

Second chapter
Special Urban Construction Law

First Part
Urban Sanation Measures

First Section
General Rules

unofficial table of contents

§ 136 urban rehabilitation measures

(1) Urban development renovation measures in the city and country, the uniform preparation and rapid implementation in the public interest shall be prepared and carried out in accordance with the provisions of this Part.(2) Urban rehabilitation measures are measures which substantially improve or reshape an area to address urban maladministration. Urban malpractice is available when
1.
is the territory after its existing building or after of its other nature to the general requirements for healthy living and working conditions or to the safety of the people living or working in it, also taking into account the concerns of climate protection and adaptation to climate change is not equal or
2.
the territory is significantly affected in the performance of the tasks that are subject to it according to its location and function.
(3) Assessment of whether urban or rural areas are subject to urban or rural malfunctions, in particular
1.
the living and working conditions or the security of people living and working in the area in relation to
a)
the exposure, intonation, and ventilation of the apartments and workplaces,
b)
the constructional nature of buildings, dwellings and workplaces,
c)
the accessibility of the land,
d)
the impact of an existing mix of living and workplaces,
e)
the use of built and unbuilt surfaces by type, measure, and condition,
f)
the impact of Land, plants, facilities or transport facilities, in particular noise, impurities and shocks,
g)
the existing Development,
h)
the energetic nature, the energy performance of the existing construction and the supply facilities of the area, taking into account the general requirements for climate protection and climate adaptation;
2.
the functional capacity of the area in relation to
a)
flowing and dormant traffic,
b)
the economic situation and development capability of the area, taking into account its supply function in the interlacing area,
c)
the infrastructural development of the area, its facilities with green spaces, playgrounds and sports fields and with facilities of community needs, especially taking into account the the social and cultural tasks of this area in the area of interdependence.
(4) Urban development measures serve the good of the general public. They are intended to contribute to
1.
the structural structure in all parts of the federal territory according to the Developing general requirements for climate change mitigation and adaptation, as well as for social, hygienic, economic and cultural requirements,
2.
the improvement of the economic and agricultural structure is supported,
3.
the settlement structure the requirements of environmental protection, the requirements for healthy living and working conditions of the population and population development, or
4.
to be preserved, renewed and developed, to improve the design of the location and landscape image and to meet the requirements of the conservation of monuments.
The public and private interests are to each other and to balance each other fairly. Non-official table of contents

§ 137 Participation and participation of the persons concerned.

The refurbishment is to be carried out with the owners, tenants, tenants and other It should be discussed 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. Non-official table of contents

§ 138 obligation to provide information

(1) Owner, tenants, tenants and others for the possession or use of a land plot, A building or part of the building shall be obliged to provide information to the municipality or its authorised representative on the facts, the knowledge of which may be used to assess the need for reorganisation of an area or to prepare for it. or completion of 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, the social interconnections and the local ties.(2) The personal data collected in accordance with paragraph 1 may only be used for the purposes of refurbishment purposes. 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. It is necessary for the purpose of remediation. The data shall be deleted after the formal establishment of the redevelopment area has been lifted. To the extent that the data collected are necessary for taxation, they may be passed on to the financial authorities.(3) The agents responsible for collecting the data shall be obliged to carry out their activities in accordance with the provisions of paragraph 2. Their duties shall continue after the end of their duties.(4) If a person who is to be informed in accordance with paragraph 1 refuses to provide the 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 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 section 383 (1) to (3) of the Code of Civil Procedure in accordance with the law on administrative offences. Non-official table of contents

§ 139 Participation and participation of public task carriers

(1) The Federation, including its special assets, the Countries, local associations and other bodies, institutions and foundations under public law are to support the preparation and implementation of urban rehabilitation measures within the framework of the tasks which they have to carry out.(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 shall also inform the municipality of any changes to their intentions.(3) If a change in the objectives and purposes of the refurbishment or of measures and planning of the institutions of public interest which have been coordinated with each other is intended, the parties concerned shall immediately consult each other. name="BJNR003410960BJNG004003301 " />

Second Section
Preparation and Implementation

Non-Official Table of Contents

§ 140 Preparation

The preparation of the refurbishment is the task of the municipality; it includes
1.
preparatory studies,
2.
the formal definition of the remediation area,
3.
the Determination of the objectives and purposes of the refurbishment,
4.
the urban planning planning; this also includes the construction management planning or a framework planning, as far as they are for the refurbishment ,
5.
discussing the intended refurbishment,
6.
the development and Continuation of the social plan,
7.
individual order and construction measures that are carried out before a formal definition of the sanctioning area.
Non-official Table of Contents

§ 141 preparatory inquiries

(1) The municipality has the following prior to the formal definition of the redevelopment area. to carry out or to arrange for preparatory studies which are necessary in order to obtain assessment documents on the necessity of remediation, the social, structural and urban conditions and contexts, and the need for the general objectives to be pursued and the feasibility of rehabilitation in general. The preparatory studies should also cover adverse effects on the economic or social situation of persons directly affected by the intended remediation in their personal circumstances. is likely to result.(2) Preparatory studies may not be carried out if sufficient assessment documents are already available.(3) The municipality shall initiate the preparation of the remediation by the decision on the start of the preparatory studies. The decision shall be made known in a local manner. The obligation to provide information in accordance with § 138 shall 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, the obligation to provide information and the participation and participation are published. public task carrier; from that date, § 15 shall apply mutas to the implementation of a project within the meaning of section 29 (1) and 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 communication on the deferment of the disposal of a building plant in accordance with the second sentence of the second sentence. Non-official table of contents

§ 142 Sanierungssatzung

(1) The municipality can be an area in which an urban development measure is carried out. , by order to be formally defined 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 which are not affected by the refurbishment may be excluded from the territory in whole or in part.(2) The objectives and purposes of the refurbishment shall be that areas outside the formal sanctioning area shall be
1.
for spare parts or replacement facilities for spatially related accommodation of residents or businesses from the formally designated redevelopment area or
2.
must be used for the refurbishment of the communal needs or followup facilities
, the municipality may be eligible for the appropriate Formally establish territories for this purpose. The formal definition and the effects resulting from it shall be subject to the rules applicable to formally defined redevelopment areas.(3) The congregation decides to formally establish the sanitization area as a statutes (statutes of the redevelopment). 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 refurbishment cannot be carried out within the time limit, the time limit may be extended by decision.(4) The application of the provisions of the third section shall be excluded in the reorganisation replacement if it is not necessary for the implementation of the refurbishment and the implementation is not likely to be made more difficult by this (simplified procedure). In this case, the obligation to approve the approval pursuant to Section 144 as a whole may also be excluded in accordance with Section 144 (1) or § 144 (2). Non-official table of contents

§ 143 Announcement of remediation statutes, remediation note

(1) The municipality has the Sanierungssatzung (Sanierungssatzung) in place of the local authority to make known. 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 shall be legally binding upon the notice of remediation.(2) The congregation shall inform the Land Registry of the legally binding sentence of remediation and shall in this case have to list the plots of land affected by the remediation of the property 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. Non-official table of contents

§ 144 Approval of projects and operations subject to permit

(1) In the formally defined redevelopment area, the written approval of the municipality
1.
the projects and other projects referred to in § 14 (1) Measures;
2.
Agreements which include a contractual relationship between the school and the use or use of a property, building or part of the building
(2) The written permission of the municipality of
1.
the right-to-business sale of a property and the order and sale of a Inheritance law;
2.
the order of a law burdening the property; this does not apply to the order of a law that is related to the execution of construction measures in the The terms of Section 148 (2) are related;
3.
a debt-law contract which makes an obligation to one of the legal transactions referred to in paragraph 1 or 2 ; if the contractual contract has been approved, the legal transaction in rem in the execution of this contract shall also be deemed to be approved;
4.
Justification, modification or cancellation of a building load;
5.
the division of a property.
(3) The congregation may, for certain cases, obtain the approval of the , it shall make it known in general terms, or parts thereof, in general.(4) No approval is required
1.
Projects and legal actions if the municipality or the Support for the trusteeship capacity as part of the contract or the owner is involved;
2.
Legal operations referred to in paragraph 2 (1) to (3) for the purpose of anticipating the
3.
Projects referred to in paragraph 1 (1), which have been approved prior to the formal establishment of the sanctioning area, projects as referred to in paragraph 1 No. 1, of which the congregation has become aware in accordance with the rules of the right of construction and whose execution should have been initiated before the entry into force of the amendment, as well as entertainment and the continuation of a
4.
Legal operations referred to in paragraph 1 (2) and (2) serving the purposes of national defence;
5.
the legal acquisition of a property in accordance with § 38 by the demand carrier.
unofficial table of contents

§ 145 approval

(1) approval is granted by the municipality; § 22 para. 5 sentence 2 to 5 is to 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) sentences 3 to 6 shall be applied in accordance with the proviso that the approval period shall not exceed shall be extended for 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, make it impossible to carry out the renovation, or would be substantially more difficult or would be contrary to the objectives and purposes of the rehabilitation.(3) The authorisation shall be granted if the essential gravity is eliminated 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 of § 144 para. 1 no. 1 on compensation for the projects brought about by the project
2.
in the cases of § 144 (1) (1) (1) (1) (1) (1). No 2 or 2 no. 2 or 3 to compensation for the cancellation of the law as well as to changes in value which are made on the basis of these rights.
(4) The authorisation may be subject to conditions, in the cases of § 144 (1) be granted for a limited or limited period of time. Section 51 (4) sentences 2 and 3 shall apply accordingly. Authorisation may also be made subject to the conclusion of an urban development contract if the grounds for failure referred to in paragraph 2 are removed.(5) If the authorisation fails, the owner of the municipality may require the property to be taken over, if and to the extent that, in view of the implementation of the refurbishment, it is no longer economically necessary to retain the land or to use it in the previous or any other permitted manner. Where the areas of agricultural or forestry operations are situated both inside 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 land is 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 defined remediation area does not can be used to a reasonable extent 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) § 22 (6) shall be applied accordingly. Where a permit is generally granted or is not required, the municipality shall issue a certificate at the request of a person concerned. Non-official table of contents

§ 146 Implementation

(1) The implementation includes the regulatory measures and the building measures within the formal , which are necessary in accordance with the objectives and purposes of the remediation.(2) On land which serves the purposes referred to in Article 26 (2) and on the land referred to in Article 26 (3), individual order and construction measures may only be carried out in the context of urban planning renovation measures with the consent of the demand carrier. shall be carried out. The demand carrier shall 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 may, on the basis of a contract wholly or in part, leave it to the owner to carry out the disciplinary measures and the establishment or modification of community needs and follow-up facilities within the meaning of section 148 (2) sentence 1 no. 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. Non-official table of contents

§ 147 Order of order

The order is to be carried out by the municipality; this includes
1.
the land order, including the purchase of land,
2.
the move of residents and businesses,
3.
the release of land,
4.
the making and modification of enclosure systems as well as
5.
other measures that are necessary, in order for the construction measures 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 are carried out elsewhere in accordance with Article 9 (1a). All or part of the land on which interventions in nature and the landscape are to be expected are assigned. Rehabilitation facilities, including replacement facilities, caused by the remediation may be outside the officially designated sanctioning area. Non-official table of contents

§ 148 Building measures

(1) The execution of construction measures is left to the owners, as far as the expeditious and However, the municipality is responsible for the proper implementation of the system, but it is the responsibility of the municipality
1.
for the construction and change of community and follow-up facilities, and
2.
the implementation of other building measures, insofar as it is itself the owner or not ensures that these are carried out expeditiously and appropriately by the individual owner.
Replacement buildings, replacement facilities and refurbishment-related common needs and follow-up facilities can be carried out outside the formal Remediation area.(2) The construction measures include
1.
modernization and repair,
2.
the rebuilding and the replacement buildings,
3.
the establishment and modification of common needs-and Follow-up devices,
4.
the relocation or modification of enterprises as well as
5.
the Construction or extension of facilities and facilities for the decentralised and centralised production, distribution, use or storage of electricity, heat or cooling from renewable energy sources or combined heat and power.
Measures to compensate in the sense of Section 1a (3), insofar as they are carried out on the land on which interventions in nature and the countryside are to be expected. Non-official table of contents

§ 149 Cost and Financial Overview

(1) The municipality has a cost and cost of planning after the planning stage. To draw up a financial statement. The overview is to be coordinated with the costs and financing of other public concerns whose responsibilities will be affected by the refurbishment and to submit them to the higher management authority.(2) In the cost overview, the municipality has to represent the costs of the overall measure that it is likely to generate. The costs of other institutions of public interest for measures related to rehabilitation should be reported in a news-related way.(3) In the financial statement, the municipality has to express its views on the coverage of the costs of the overall measure. Funding and funding on a different legal basis, as well as the financial statements made by other public authorities, are to be reported in the news.(4) The cost and financial statement may be limited to the period of the municipality's multi-annual financial planning with the agreement of the authority responsible under national law. 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 require other institutions of public interest to provide information on their own intentions in the formally defined redevelopment area and their cost and financial statements.(6) The higher administrative authority may require the municipality to supplement or amend the cost and financial statement. 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. Non-official table of contents

§ 150 Replacement for changes to facilities that serve public service

(1) Formally, in a formal Installations of the public supply of electricity, gas, water, heat, telecommunication services or sewage treatment plants are no longer available and are no longer available as a result of the implementation of the refurbishment special expenses, which go beyond the level necessary for the proper economy, such as the replacement or transfer of these installations, the municipality shall give the institution of the task the costs which it incurred as a result of: be reimbursed. The advantages and disadvantages incurred by the wearer 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. Non-official table of contents

§ 151 tax and outsourcing exemption

(1) Free of fees and similar non-tax levies and expenses are Business and negotiation
1.
for the preparation or execution of urban development Refurbishment measures,
2.
to perform acquisition operations,
3.
to create 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. Regulations shall remain unaffected in accordance with national regulations.(3) Activity within the meaning of paragraph 1 (2) is
1.
the acquisition of a land by a municipality or by a legal entity within the meaning of § § 157 and 205 for the preparation or implementation of urban development renovation measures. This 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 plot of land for use as an exchange or replacement land. 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 duty exemption is granted only to
a)
when acquiring a land plot in the redevelopment area where the (b)
in other cases up to the end of ten years, calculated by the date of the completion of the urban renovation measure,
b)
the date in which the land was transferred or lost;
3.
the acquisition of a land plot 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 plot which shall be based on the justification, the Existence or dissolution of a trusteeship relationship within the meaning of § 160 or § 161.

Third Section
Special provisions for reorganization of the trust law

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§ 152 Scope

The provisions of this section shall be applied in the formally designated remediation area, provided that: the refurbishment is not carried out in a simplified remediation procedure. Non-official table of contents

§ 153 Dimensioning of compensation and compensation, purchase prices, relaying

(1) Are based on measures that: the preparation or implementation of the remediation in the formally defined redevelopment area shall be used to provide compensation or compensation in accordance with the provisions of this Code, and in the design of such compensation payments shall be made only by the prospect of the remediation, by their preparation or implementation, only in so far as the person concerned has allowed such increases to be effected by means of their own expense. Changes in the general value ratios on the land market must be taken into account.(2) If, in the case of the legal sale of a property and when ordering or selling an inheritance law, the agreed countervalue for the property or the right above the value resulting from the application of paragraph 1 is situated This also represents a major increase in the rehabilitation within the meaning of section 145 (2). This shall not apply if the obligation to pay the compensation is to be paid in the cases of § 154 (3) sentence 2 or 3.(3) In the case of the acquisition of a land, the municipality or the remediation institution shall not agree to a higher purchase price than is the case in the appropriate application of paragraph 1. In the cases referred to in § 144 (4) (4) and (5), the demand carrier shall not agree to a higher purchase price than is the case with the corresponding application of paragraph 1.(4) In the case of the sale in accordance with § § 89 and 159 (3), the property is to be sold to the traffic value, which results from the legal and actual reorganisation of the formally established 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 officially defined redevelopment area,
1.
paragraph 1 shall be based on the determination of values in accordance with § 57 Sentence 2 and in the case of the severance of money pursuant to § 59 (2) and (4) to (6) as well as § § 60 and 61 (2) accordingly;
2.
Changes in value, which are due to the legal and the actual reorganisation of the formally defined redevelopment area, in the determination of values pursuant to § 57, sentence 3 and 4, and in the case of monetary compensation in accordance with § 59, para. 2, as well as § § 60 and 61 (2);
3.
§ 58 not applicable.
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§ 154 compensatory amount of the Owner

(1) The owner of a land situated in the formally designated redevelopment area has to pay a compensatory amount in cash for the purpose of financing the rehabilitation to the municipality, the amount of the increase of the land due to the renovation of the property. the ground value of its land. 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 facilities in the formally defined redevelopment area is to be carried out, provisions relating to the collection of contributions to such measures shall be laid down in the formal definition of the basic elements of the Do not use the remediation area. Sentence 3 shall apply mutatily to the application of the rule on the collection of expenses for reimbursement of expenses within the meaning of Section 135a (3).(2) The increase in the land value of the land due to the rehabilitation consists of the difference between the land value which would result for the property if a refurbishment was neither intended nor carried out (initial value), (2a) The municipality may, by statute, stipulate that the amount of the compensatory amount may differ from paragraph 1 of this Article. Sentence 1 shall be calculated on the basis of the expenditure (excluding the costs of its financing) for the extension or improvement of facilities within the meaning of Article 127 (2) (1) to (3) (transport facilities) in the redevelopment area; condition for the The adoption of the Statutes provides evidence that the increase in land values of the land in the sanctioning area is not significantly higher than half of this effort. 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. . Section 128 (1) and (3) shall apply accordingly.(3) The compensatory amount is to be paid after 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: can be identified with sufficient certainty.(4) The municipality shall request the compensatory amount by notification; the amount shall be due one month after the date of the notification of the decision. Before determining the amount of the compensation, the compensatory amount shall be given the opportunity to comment and discuss the conditions governing the valuation of the property of its property and the amounts eligible under section 155 (1) within the limits of the amount of the compensation. an appropriate period of time. The compensatory amount shall not be used as a public burden on the property.(5) The municipality has to convert the compensatory amount to a redemption loan at the request of the owner, unless it can be expected to comply with the obligation to comply with its 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 this 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 should give priority to the basic rights required to finance rebuilding, modernising or repairing the primacy over a basic right of property law to be used to secure its repayment.(6) The municipality may request advance payments from the owners on the compensatory amount to be paid in accordance with paragraphs 1 to 4 as soon as a building or other use corresponding to the objectives and purposes of the refurbishment is carried out on the property shall be admissible; paragraphs 1 to 5 shall apply mutatily. Non-official table of contents

§ 155 Invoice to the balance amount, uncheck

(1) The compensation amount is to be charged,
1.
the benefits created by the refurbishment of the property, which are already in have been taken into account in another procedure, in particular in an expropriation procedure, without prejudice to paragraph 2 for relegation proceedings,
2.
Ground-value increases of the property, which the owner may have caused by his own expenses; to the extent that the owner, according to § 146 (3), carried out administrative measures or municipal requirements and followup facilities within the meaning of § 148 (2) 3.
3.
3.
The ground-value increases of the land owned by the owner in the course of the acquisition as part of the purchase price in accordance with the provisions of points 1 and 2 as well as the amount corresponding to § 154.
(2) A compensatory amount shall not be charged if a transfer is made in accordance with § 153 Paragraph 5 has been carried out.(3) The municipality may depart from the fixing of the compensatory amount for the formally defined redevelopment area or for parts of the redevelopment area to be designated, if
1.
A minor increase in floor value has been assessed and
2.
the administrative burden for the levying of the compensation amount is not in proportion to the possible revenue.
The decision as set 1 can also be made, before the refurbishment is complete.(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 offered in the public interest or in order to avoid undue hardship. The exemption can also be made before completion of the refurbishment.(5) In addition, the national provisions relating to municipal contributions, including the provisions on stuning and the decree, shall be applied accordingly.(6) If the owner costs the order 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 them to the extent that they are subject to the provisions of § 148 (2). 154 and paragraph 1 shall go beyond the scope of the compensatory amount and the refund has not been contractually excluded. Non-official table of contents

§ 156 Formal Determination Transfer Rules

(1) Advisory obligations for containment installations within the meaning of § 127 Paragraph 2, which arose prior to the formal determination, shall remain unaffected. The same applies to reimbursement of expenses within the meaning of Section 135a (3).(2) Before the formal definition of the remediation area, the transfer body has established the restructuring plan in accordance with § 66 (1) or is a preliminary decision pursuant to § 76 (1) prior to the formal establishment of the sanctioning area in a resettlement procedure. , it remains in the process.(3) If the expropriation authority has issued the expropriation decision in accordance with § 113 for a property situated in the area before the formal establishment of the remediation area, or if an agreement has been certified according to § 110, the provisions of the first To continue to apply the chapter. Non-official table of contents

§ 156a Costs and financing of the reorganisation measure

(1) The reorganisation measure and the transfer of a fiduciary capacity of the repatriation carrier to the municipality in respect of which there was a surplus of the revenue generated in the preparation and implementation of the urban development reorganisation measure Expenditure, this surplus shall be distributed among 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 section 154, shall be half of the property.(2) The shares of the surplus falling on the individual properties shall be determined in accordance with the ratio of the initial values of the land in the sense of Section 154 (2).(3) The municipality shall, when calculating the surplus, withdraw the grants which have been granted to it or owners by means of another public budget to cover the costs of the preparation or implementation of the reorganisation measure. In addition, the procedure for distributing the surplus according to national regulations is determined.

Fourth Section
Sanierbearer and Other Representatives

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§ 157 fulfillment of tasks for the municipality

(1) The municipality can perform tasks which it is responsible for To prepare or carry out the refurbishment, to serve a suitable officer. However, it is allowed to do
1.
urban remediation measures that the municipality has after § § 146 to 148,
2.
To acquire land or rights to them for the preparation or execution of the refurbishment on behalf of the municipality,
3.
to manage the refurbishment of funds,
only one company (remedial institution) transferring the conditions for taking over the tasks as a remedial institution in accordance with § 158.(2) The municipality shall not transfer the preparation of the construction plans and the tasks of a reorganisation carrier acting on its own account to the same undertaking or to a company which is legally or economically dependent. Non-official table of contents

§ 158 Requirements for commissioning as a remedial institution

The company can perform the tasks as a remedial institution be transferred only if
1.
does not act as a construction company or of a company construction company is dependent,
2.
the company is capable of doing business after its business and economic circumstances and is able to perform the tasks of
3.
the Company, unless it already has a law of an annual audit of its business activities and its activities, and its shall be subject to economic conditions, subject to such an examination, or subject to such examination,
4.
the persons appointed to represent them, as well as the Employees who have the required business reliability.
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§ 159 fulfillment of tasks as

(1) The remedial institution shall fulfil the tasks assigned to it by the municipality in accordance with § 157 (1) sentence 2 no. 1 or 2 in its own name for account 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 remedial institution shall provide information to the municipality on request.(2) The congregation and the remedial institution shall lay down at least the tasks, the legal status in which it has to comply with the remedial institution, the appropriate remuneration to be paid by the municipality for this purpose and the authority of the municipality to grant it. of instructions by written contract. The Treaty does not require the form of Section 311b (1) of the Civil Code. It can only be terminated by any side for important reasons.(3) The remedial institution shall be obliged to divist the land which it has acquired after the transfer of the task for the preparation or execution of the refurbishment, in accordance with section 89 (3) and (4) and in compliance with the instructions of the municipality. He shall indicate the land he has not sold to the congregation and shall sell it to third parties or to them at the request of the municipality.(4) If the purchase price paid by the acquirer to the refurbish carrier contains an amount to be borne by the owner in accordance with § § 154 and 155, the remedial institution shall pay this amount to the municipality or to charge it with it. In the cases of § 153 (4) sentence 2, the reorganization carrier shall either withdraw claims from the loan on request to the congregation and transfer interest and repayment received to it or to charge it with it.(5) The remedial institution shall pay compensation to the municipality for the properties of which it remains the owner, in accordance with § § 154 and 155.(6) In the event of the opening of insolvency proceedings concerning the assets of the reorganisation carrier acting on its own account, the congregation dismises the contract concluded with it, it may require the insolvency administrator to submit the contract in the formal notice to the institution The remediation area has been acquired by the remedial institution after the transfer of the tasks for the preparation or execution of the remediation, against reimbursement of the expenses incurred by the remediation institution. 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 the transfer of the land register. Moreover, the municipality is liable to the creditors of liabilities arising from the conduct of the order measures, such as a guarantor, in so far as they have not obtained complete satisfaction from the assets of the reorganisation carrier in the insolvency proceedings.(7) (omitted) unofficial table of contents

§ 160 escrow assets

(1) A task is transferred to the remedial institution as trustee of the congregation, He meets them with a trusteeship in their 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 that characterizing the trusteeship ratio.(2) The trustee acting as trustee shall manage the trusteeship established in the performance of the task separately from other assets.(3) The trust fund 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 shall 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. Acquires destruction, damage or withdrawal of an item belonging to the trusteeship property.(4) The municipality shall ensure the fulfilment of the liabilities for which the remedial carrier is liable with the trusteeship. 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 acceptance in writing. The same is true for own funds that the remediation carrier brings in.(5) It shall have, upon request, land in the formally designated redevelopment area which the remedial institution has acquired before or after the transfer of the task with funds not belonging to the trusteeship, or in the event of a transfer of its own exchange rate. to transfer the congregation against the compensation of its expenses into the trusteeship. The values to be taken into consideration in the application of § 153 (1) shall be taken into account as property values.(6) The remedial institution acting as a trustee shall be accountable to 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 the congregation has been held liable with the trustee's assets.(7) Before the transfer referred to in paragraph 6, the remediation institution shall be entitled to the property of the trusteeship, which shall be the property of its own exchange or at least two years before the congregation is entitled to the trusteeship of the trust. has given, acquired and transferred to the trusteeship, a contract relating to the remediation, to transfer it back to its 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 use 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. 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. Non-official table of contents

§ 161 Backup of trustee assets

(1) The reorganization carrier is not liable to third parties with the trustee assets for Liabilities that do not relate to trusteeship assets.(2) If, due to a liability for which the remedial carrier is not liable with the trusteeship, the congregation is operated in the trusteeship, the congregation may, on the basis of the trusteeship ratio, be subject to the enforcement of the enforcement order. In accordance with § 771 of the Code of Civil Procedure, the remediation bodies, under the appropriate application of Section 767 (1) of the Code of Civil Procedure, claim objections.(3) In the event of the insolvency proceedings being opened on the assets of the repayment carrier, the trusteeship assets shall not be part of 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 is not applicable.

Fifth section
Completion of refurbishment

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§ 162 Revocation of the remediation statutes

(1) The remediation replacement is to be lifted if
1.
the refurbishment is done or
2.
the refurbishment turns out to be unworkable or
3.
for other reasons, the remediation intent , or
4.
has expired in accordance with § 142 (3) sentence 3 or 4 for the implementation of the refurbishment.
If these conditions are only for a part of the officially designated redevelopment area, the statutes for this part shall be repealed.(2) The decision of the congregation by which the formal definition of the sanctioning area shall be wholly or partly repealed shall be considered 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 apply accordingly. With the notice the Articles of Association shall become legally binding.(3) The municipality shall request the Land Registry to delete the remediation notices. Non-official table of contents

§ 163 Continuation of legal effects for individual plots

(1) The municipality can remediate the property as a property Declare completed if, in accordance with the objectives and purposes of the refurbishment,
1.
the plot is built is or is used in some other way or
2.
the building is modernized or repaired.
At the request of the owner, the municipality has the refurbishment for to declare the plot to be completed.(2) The municipality may, before the date referred to in paragraph 1, declare the implementation of the remediation for individual land by communication to the owners for the purposes of the completion of the refurbishment in accordance with the objectives and purposes of the remediation. Construction or other use or modernization or repair is also possible without endangering the objectives and purposes of the refurbishment at a later date. There is no legal right to submit the declaration in this case.(3) The declaration shall not apply to the application of § § 144, 145 and 153 for this property. The municipality requests the Land Registry to delete the remediation note. Non-official table of contents

§ 164 Claim for retransmission

(1) If the remediation replacement is specified in the first sentence of § 162 (1), first sentence, no. 2 or 3, The former owner of a property has a claim against the respective owner for the retransmission of the property, or if the refurbishment has not been carried out in the event of the annulment pursuant to Section 162 (1) sentence 1, sentence 1, sentence 1. Land where the municipality or the remedial authorities, following the formal establishment of the remediation area, are free to carry out the remediation or to comply with the provisions of this Code, without the need for a corresponding Exchange, replacement land or justification of rights of the kind referred to in § 101 (1) sentence 1 no. 1.(2) The claim does not exist if
1.
the plot as a building land for the common demand or as a Transport, supply or green space is fixed in a development plan or is required for other public purposes, or
2.
the former owner himself Property acquired by way of expropriation, or
3.
the owner started using the proper use of the property or
4.
the property has been sold to a third party on the basis of § 89 or § 159 (3) or
5.
retransmission can only be requested within two years since the end of the remediation of the remediation.(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 right to reappropriation pursuant to § 102 shall remain unaffected. The compensation according to § 103 to be granted to the owner is measured according to the traffic value of the property, which is based on the legal and actual state at the time of the cancellation of the formal determination.

Sixth Section
Urban Development

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§ 164a Use of Urban development funds

(1) To cover the costs of the uniform preparation and rapid implementation of the urban development renovation measure as a unit (overall measure), funding and funding (urban development funds) will be provided. . For measures related to the rehabilitation, financing or promotion of which is based on a different legal basis, the funding or funding provided for in the respective budgetary laws shall be used in such a way as to: the measures can be carried out in the context of the rehabilitation process.(2) Urban development funds can be used for
1.
the preparation of remediation measures (§ 140),
2.
the implementation of order measures pursuant to § 147, including compensation, insofar as it is not obtained by them; at the cost of the Order measures do not include the personal or factual costs of the municipal administration,
3.
the execution of construction measures according to § 148,
4.
the granting of an appropriate remuneration for third parties commissioned under this law,
5.
Implementation of the social plan according to § 180 as well as the granting of a hardship compensation according to § 181.
(3) Urban development funds can be used for modernization and repair measures within the meaning of § 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 for measures which go beyond that of conservation, renewal and maintenance of the property. the proper use of a building which is to be preserved due to its historical, artistic or urban importance. Non-official table of contents

§ 164b Administrative agreement

(1) The federal government may support urban development rehabilitation measures under Article 104b of the Basic law to the Länder in accordance with the provisions of the respective budget law grants financial assistance for investment by municipalities and municipal associations in accordance with a generally applicable, general and appropriate scale. The scale and the details for the use of the grants will be determined by the administrative arrangement between the federal government and the Länder.(2) Focus on the use of such grants are
1.
Strengthening inner cities and Suburban centres in their urban development function, with special emphasis on housing and the interests of monument conservation and preservation of monuments,
2.
Re-use of areas, 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 development measures to address social issues Malfunctions.

Second Part
Urban Development Measures

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§ 165 Urban development measures

(1) Urban development measures in town and country, the uniform preparation and rapid implementation of which are in the public interest, shall be adopted in accordance with the rules This part is prepared and carried out.(2) Urban development measures referred to in paragraph 1 shall mean districts and other parts of the municipal territory in accordance with their particular importance for the urban development and order of the municipality, or in accordance with the objectives pursued. The development of the region or region is being developed for the first time or a new development is being introduced in the context of a new urban planning system.(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 where
1.
the measure corresponds to the goals and purposes of paragraph 2,
2.
The good of the general public requires the implementation of the urban development measure, in particular to cover an increased need for living and workplaces, for construction of common demand and follow-up facilities, or for the re-use of brachial land,
3.
the objectives and purposes envisaged by the urban development measure cannot be reached by urban planning contracts or owners of the land affected by the measure are not prepared to take their land to the municipality or to the land concerned, taking into account the provisions of Section 166 (3) thereof, responsible for the value of the value of the responsible development institution, which results from the application of section 169 (1) (6) and (4),
4.
the rapid implementation of the measure within of a foreseeable period of time.
The public and private concerns must be balanced against each other and with each other.(4) Before the formal definition of the urban development area, the municipality has to carry out or arrange for the preparatory studies necessary to determine the conditions for the assessment of the conditions for the establishment of the urban development area in accordance with the conditions laid down in the Paragraph 3. § § 137 to 141 shall be applied accordingly.(5) The urban development area must be limited in such a way as to enable development to 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 on the formal definition of the urban development area as a statute (development statutes). In the development of development, the urban development area is to be called.(7) The development rate shall be accompanied by a justification. In the explanatory statement, the reasons justifying the formal definition of the area in need of development must be set out.(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). The notice shall make the development replacement legally binding.(9) The congregation shall inform the Land Registry of the legally binding development substitutes. 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. Non-official table of contents

§ 166 Jurisdiction and tasks

(1) The development measure is prepared and implemented by the municipality, provided that: shall not be subject to a derogation 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 are not carried out in accordance with any other legal requirements. development in the urban development sector.(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 which, in accordance with its economic structure and the composition of its The population is in line with the objectives and purposes of the urban development measure and in which a proper and appropriate supply of goods and services to the population is ensured.(3) The municipality shall acquire the land in the development area of the urban development sector. 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 property if
1.
is used for a building Land the type and the measure of the building use in the implementation of the development measure should not be changed or
2.
the owner of a plot, the use of which is determined or determined with sufficient certainty in accordance with the objectives and purposes of the urban development measure, capable of using the land accordingly within a reasonable period of time, and to that end,
The municipality shall not acquire a property, the owner shall be obliged to pay a compensatory amount to the municipality to which the increase in the land value of its land as a result of the development measure is applied. .(4) The preparation and implementation of the development measure may be transferred to a planning association according to § 205 (4). Non-official table of contents

§ 167 fulfillment of tasks for the congregation; development agencies

(1) The congregation may be responsible for the performance of tasks, who are responsible for the preparation or implementation of the urban development measure, of a suitable officer, in particular of a development medium. Section 157 (1), second sentence, and § 158 shall apply accordingly.(2) The development institution shall carry out the tasks assigned to it by the municipality in its own name for the account of the municipality as its trustee. § 159 para. 1 sentence 3 and para. 2 as well as the § § 160 and 161 are to be applied accordingly.(3) The development institution shall be obliged to sell the land of the trusteeship assets in accordance with section 169 (5) to (8); it shall be bound by instructions from the congregation. Non-official table of contents

§ 168 Acquisition request

The owner of a land plot located in the urban development area can be owned by the If, in view of the declaration on the urban development area or the state of the development measure, it is no longer economically to be expected to retain the land or to retain the land, the municipality shall require the acquisition of the land. to date or another permissible type. The provisions of § 145 (5) sentence 2 to 5 shall apply accordingly. Non-official table of contents

§ 169 Special regulations for the urban development area

(1) In the urban development area, the following are: apply accordingly
1.
§ § 137, 138 and 139 (participation and participation of the persons concerned; Obligation to provide information; participation and participation of public authorities),
2.
§ 142 (2) (Replacement and Supplementary Areas),
3.
§ § 144 and 145 (Authorisations subject to permit and legal actions; approval),
4.
§ § 146 bis 148 (Implementation; administrative measures; construction measures),
5.
§ § 150 and 151 (substitutes for changes to institutions serving the public service; taxes and charges) Exemption from allowances),
6.
§ 153 (1) to (3) (assessment of compensation and compensation payments; purchase prices),
7.
§ § 154 to 156, without § 154 (2a) (compensation amount of the owner; credit on the compensatory amount, check-out; transfer rules for the formal Determination),
8.
§ § 162 to 164 (conclusion of the measure),
9.
§ § 164a and 164b (Use of urban development funds; Administrative Arrangement),
10.
§ 191 (Regulations on the transport of land and forestry land).
(2) The provisions of the fourth part of the first chapter on land order are not to be applied in the urban development sector.(3) The expropriation shall be permitted in the urban development area without a development plan for the benefit of the municipality or the development medium in order to carry out its tasks. 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) Paragraph 153 (1) must be applied to land or forestry properties in accordance with the conditions laid down in Article 153 (1) in order to ensure that in the areas where no traffic value deviating from the internal agricultural value has been established, the value of the land or the value of the land used for forestry purposes is , which would have to be achieved in comparable cases in the ordinary course of business on the general ground market where no development measures are envisaged.(5) The municipality is obliged to sell land which it has acquired for the implementation of the development measure, either freely or in accordance with the provisions of this Code, in accordance with paragraphs 6 to 8, with the exception of those areas which are considered to be: Building land for the common needs or as transport, supply or green areas is fixed in a construction plan or is required for other public purposes or as exchange or compensation in land.(6) The land is to be divanded in accordance with its reorganisation and development, taking into account the population of the population, and in compliance with the objectives and purposes of the development measure, to those who agree to commit themselves to the development of the land. Cultivate land within a reasonable period of time in accordance with the provisions 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 implement the development measure, have transferred land or had to hand over land.(7) In the case of the sale, the municipality must ensure that the builders carry out the construction in economically reasonable succession in such a way that the objectives and purposes of the urban development development are achieved and the projects are carried out in accordance with to classify the framework of the overall measure. It must continue to ensure that the newly created buildings are permanently used in accordance with the objectives and purposes of the urban development measure.(8) In order to finance the development, the property or the right to the value of the traffic is to be divaged, which results 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. Non-official table of contents

§ 170 Special arrangements for adaptation areas

Development measure in a field built up in connection with measures to adapt to the planned development, the municipality of this area can formally establish this area in the development subdivision (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 renovation measures shall apply accordingly, with the exception of: § § 136, 142 and 143. Non-official table of contents

§ 171 Cost and financing of the development measure

(1) Revenue that is used in the preparation and implementation of the The development measure is to be used to finance the development measure. Following the implementation of the urban development measure and the transfer of a trust assets of the development support to the municipality, it will result in a surplus in the preparation and implementation of the urban development The revenue generated by the development measure shall be distributed in the appropriate application of Section 156a.(2) In accordance with Section 149, the municipality has to draw up a cost and financial overview according to the state of the planning. Consideration must be given to the costs that are required for the purposes and purposes of development.

Part of the Third Part
Urban Conversion

A non-official table of contents

§ 171a Urban restructuring measures

(1) Urban redevelopment measures in urban and urban areas, whose uniform and rapid implementation is in the public interest, can shall also be carried out in place of, or in addition to, other measures in accordance with this Code, in accordance with the provisions of this Part.(2) Urban rebuilding measures are measures which make adjustments to the production of sustainable urban structures in areas affected by major urban development function losses. 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 change adaptation are not being met.(3) Urban rebuilding measures serve the good of the general public. In particular, they should contribute to the fact that
1.
the settlement structure meets the needs of development of population and economy, as well as the general requirements for climate protection and adaptation,
2.
the living and working conditions as well as the Environment improved,
3.
Urban areas are strengthened,
4.
no longer
5.
a different use of non-deliverable constructional assets will be restored,
6.
Brachlying or exposed areas of sustainable urban development, in particular climate change mitigation and adaptation, or of a sustainable urban development
7.
Old-city old building stocks are sustainably preserved.
A non-official table of contents

§ 171b Urban development area, urban development concept

(1) The municipality places the area in which urban rebuilding measures are to be carried out by Decision as urban redevelopment area. Whereas it is necessary to lay down, on its territorial scale, such measures as may be appropriate to implement the measures;(2) The basis for the decision in accordance with paragraph 1 is a development concept to be set up by the municipality in which the objectives and measures (§ 171a (3)) in the urban area are to be presented in writing. The public and private interests must be balanced against each other and with each other.(3) § § 137 and 139 are to be applied accordingly in the preparation and implementation of the urban restructuring measures.(4) § § 164a and 164b are to be applied accordingly in the urban development area. Non-official table of contents

§ 171c Urban conversion contract

The municipality is to be required to implement its urban development concept to the extent necessary. use the opportunity to carry out urban restructuring measures on the basis of urban planning contracts within the meaning of Section 11, in particular with the participating owners. In particular, items of the contracts may also be
1.
the implementation of the rebuilding or the Adaptation of building structures within a specified period of time and the cost support therefor;
2.
The waiver of the exercise of claims in accordance with § § 39 bis 44;
3.
Compensation of loads between the participating owners.
unofficial table of contents

§ 171d Backup of implementing measures

(1) The municipality can designate by statute an area that is a fixed urban area (§ 171b para. 1) or Parts thereof and in which the projects and other measures referred to in § 14 (1) require approval in order to ensure the security and socially responsible implementation of urban restructuring measures. Article 16 (2) shall apply mutatily to the Articles of Association.(2) If the decision on the establishment of a statute pursuant to paragraph 1 is taken and is made known in a customary manner, Article 15 (1) shall apply mutatily to the implementation of the projects and measures referred to in paragraph 1.(3) In the cases referred to in paragraph 1, authorisation may only be denied in order to take account of the development of urban conversion measures, on the basis of the urban development plan drawn up by the municipality, which takes account of urban and social issues. To secure development concepts (§ 171b para. 2) or a social plan (§ 180). The authorisation shall be granted if, taking into account the general interest, it is not economically reasonable to consider the project or the measure.(4) § § 138, 173 and 174 shall apply in accordance with paragraph 1 in the territory of the Articles of Association.

Fourth part
Social City

unofficial table of contents

§ 171e measures of the social city

(1) Urban development measures of the social city in urban and urban areas, their uniform and rapid implementation in the of the public interest, may also be carried out in place of or in addition to other measures in accordance with this Code, in accordance with the provisions of this Part.(2) Urban development measures in the Social City are measures to stabilise and enhance the development of urban areas, which are disadvantaged by social ills, or other parts of the municipal area, where there is a particular need for development. 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 is necessary to have a coordinated bundling of Investment and other measures are needed.(3) The municipality shall determine the territory in which the measures are to be carried out by decision. Whereas it is necessary to lay down, on its territorial scale, such measures as may be appropriate to implement the measures;(4) The basis for the decision referred to in paragraph 3 shall be a development concept to be set up by the municipality with the participation of the parties concerned (§ 137) and the public authorities (§ 139), 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 its implementation, the parties concerned should be involved in an appropriate form and encouraged to participate. The municipality is to continuously advise and support the parties as far as possible. To this end, a coordinating body can be set up in cooperation between the municipality and the participants. To the extent necessary, the municipality shall conclude urban development contracts in order to achieve and promote the objectives pursued by the development plan and to cover costs with the owners and other measures of the measures.(6) § § 164a and 164b are to be applied in the area referred to in paragraph 3. In this connection, Section 164a (1) sentence 2 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. name="BJNR003410960BJNG006700310 " />

Fifth Part
Private Initiatives

Non-Official Table of Contents

§ 171f Private Initiatives

prejudice to other measures in accordance with the provisions of this Code, areas in which site-related measures are carried out on the basis of national law may be defined in accordance with the law of the country. Basis of a concept for the strengthening or development of areas of city centres, district centres, residential quarters and commercial centres, as well as other aspects of urban development, coordinated with the urban development objectives of the municipality. significant areas. In order to finance the measures and equitable distribution of the effort associated with it, regulations can be made by country law.

Sixth part of the
conservation statutes and urban bids

first section
maintenance set

unofficial table of contents

§ 172 Conservation of buildings and the specific nature of the areas (conservation statutes)

1) The municipality may designate areas in which the building plan or any other statutes may be used in which
1.
for the preservation of the area's urban character due to its urban design (paragraph 1) 3),
2.
to maintain the composition of the resident population (paragraph 4) or
3.
at urban structural restructurings (paragraph 5)
require the rebuilding, modification or change in the use of buildings of a building permit. 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 subparagraph, by means of a regulation with a period of validity of no more than five years, that the justification of home ownership or partial ownership (§ 1) shall be determined by the Land Governments. ) 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, section 22 (2) sentences 3 and 4, para. 6 and 8 shall be applied 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 apply mutatily to the implementation of a project within the meaning of paragraph 1.(3) In the cases referred to in the first sentence of paragraph 1, first sentence, the authorisation may not be granted only if the construction site, alone or in connection with other structural installations, shapes the local image, the urban form or the landscape or otherwise of urbanistic, in particular historical or artistic significance. The permit to set up the construction plant must be denied only if the urban design of the area is affected by the planned construction plant.(4) In the cases referred to in the first sentence of the first sentence of paragraph 1 and the fourth sentence of paragraph 1, the authorisation may only 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 approval must also be granted if
1.
changes a structural installation of the production of the the state of the state of an average dwelling, taking into account the minimum requirements of the building regulations,
1a.
the change of a Installation of the adaptation to the constructional or technical requirements of the energy saving regulation,
2.
the property belongs to a estate and property ownership or partial property for the benefit of the co-inherit or of the legatees,
3.
the property or the partial property for own use is to be sold to the family members of the owner,
4.
without the permission of third parties not complying with the transfer of residential property or partial property , a reservation is entered in the land register before the approval reservation is effective,
5.
the building at the time of the Application for the justification of residential property or partial property is not used for residential purposes or
6.
the owner is committed to within seven years from the justification of housing property only to the tenants; a period in accordance with section 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 of sentence 3, No. 6, it may be determined in the permit that the sale of home ownership of the building also during the period of the obligation of the Permission of the municipality is required. This permit may be entered in the Housing Basic Book at the request of the municipality; it shall expire upon expiry of the obligation.(5) In the cases referred to in the first sentence of paragraph 1, point 3, authorisation may only be denied in order to ensure an expiry on the basis of a social plan (§ 180), which takes account of the social concerns. 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. Non-official table of contents

§ 173 Approval, Acquisition claim

(1) The approval is granted by the municipality; § 22, paragraph 5, sentence 2 to 5 is shall apply 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 approval or approval procedure, the approval shall be granted via the referred to in Section 172 (3) to (5).(2) If the approval fails in the cases of § 172 (3), the owner of the municipality may demand the acquisition of the property under the conditions set out in Section 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 municipality has to discuss with the owner or any other interested parties the facts which are significant for the decision. In the cases of § 172 (4) and (5), it also has to be heard by tenants, tenants and other persons entitled to use.(4) The provisions of national law, in particular on the protection and conservation of monuments, shall remain unaffected. Non-official table of contents

§ 174 Exceptions

(1) § 172 shall not apply to property that serves the purposes referred to in Article 26 (2), and to the basic items referred to in Article 26 (3).(2) If a land of the species referred to in paragraph 1 is situated within the scope of a conservation record, the municipality shall inform the needs holder thereof. 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


href="index.html#BJNR003410960BJNE030805301"> A non-official table of contents

§ 175 General

(1) The municipality, a building offer (§ 176), a modernization or repair offer (§ 177), a plant offer (§ 178) or a plant offer (§ 178) To issue a retrofitting or unsealing offer (§ 179), it is to discuss the measure with the parties concerned beforehand. The municipality is to advise the owners, tenants, tenants and other persons entitled to use them in the context of their possibilities, how the measure can be carried out and which financing possibilities consist of public coffers.(2) The arrangement of measures in accordance with § § 176 to 179 requires that the implementation of the measures as soon as possible due to urban development reasons is necessary; if a construction offer is arranged according to § 176, an urgent housing demand of the Population shall be taken into account.(3) Tenants, tenants and other persons entitled to use have to tolerate the implementation of the measures in accordance with § § 176 to 179.(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 the ordering of a bid in accordance with § § 176 to 179 are met for these plots, the appropriate measures shall be carried out or carried out at the request of the congregation of the needs-holders, unless this is done by the The performance of his duties is impaired.(5) The provisions of national law, in particular on the protection and conservation of monuments, shall remain unaffected. Non-official table of contents

§ 176 Construction bid

(1) Within the scope of a building plan, the municipality can oblige the owner to do so. within a reasonable period of time to be determined
1.
according to the requirements of the Build or
2.
adapt an existing building or any other existing building to the fixtures of the building plan.
(2) Construction may be carried out 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 of a , in particular for the closure of construction gaps.(3) If the execution of the project is not to be attributed to an owner for economic reasons, the municipality has to refrain from the construction bid.(4) The owner may require the municipality to take over the property if he proves that he is not responsible for carrying out the project 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 construction plant or parts thereof are removed, the owner is also obliged to dispose of the building offer. § 179 (2) and (3) sentence 1, § 43 (2) and (5) and § 44 (3) and (4) shall apply accordingly.(6) In the case of a plot other than a building use, paragraphs 1 and 3 to 5 shall apply accordingly.(7) The building offer may be accompanied by the obligation to submit, within a reasonable period of time to be determined, the application for the grant of a building-prudential approval required for the building use of the land.(8) If the owner does not comply with the obligation under paragraph 7 even after enforcement measures under national law, the expropriation procedure pursuant to Section 85 (1) No. 5 may also be initiated before the expiry of the period referred to in paragraph 1.(9) In the expropriation procedure it is to be assumed that the conditions of the building offer are fulfilled; the provisions on the admissibility of the expropriation remain unaffected. In the calculation 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. Non-official table of contents

§ 177 Modernisation and repair services

(1) A construction site after its internal or external Condition of maladministration or defects, the removal or repair of which is possible by modernization or repair, the municipality may eliminate the maladministration by means of a modernization bid and remedy the deficiencies by means of a Order the repair order. 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 ordered shall indicate the maladministration or deficiencies to be remedied and shall set a reasonable time limit for the implementation of the necessary measures.(2) Missstles are in particular present if the construction plant does not meet the general requirements for healthy living and working conditions.(3) Defects are in particular present if the effects of wear, ageing, weather influence or effects of third parties
1.
The intended use of the building plant is not only insignificantly affected,
2.
construction plant, according to its external nature, does not only impair the road or location picture, or
3.
the construction plant is in need of renewal; and because of their urban development, in particular historical or artistic significance.
It is also possible to remedy the deficiencies of a building plant according to national law, also for reasons of protection and protection. Maintenance of architectural monuments may be required only with the agreement of the competent national authority. In the communication on the adoption of the repair provision, the repair measures, which are also required for reasons of monument protection, must be described in particular.(4) The owner shall bear the costs of the measures ordered by the municipality in so far as he or she shall cover it by own or foreign means and the resulting capital costs as well as the additional cost of management costs arising from the It is possible to apply 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 to bear the costs himself on the basis of other legal provisions or if he has failed to carry out repairs and cannot prove that their acceptance is economically indefensible or not. was to be granted. The municipality can agree with the owner the amount of the reimbursement of expenses, waiving a calculation in individual cases as a lump sum in the amount of a certain percentage of the modernization or repair costs.(5) The share of the costs to be carried by the owner shall be determined after the implementation of the modernization or repair measures, taking into account the yields for the modernized or repaired construction plant on a regular basis. management can be achieved in a sustainable way, taking into account the objectives and purposes pursued by means of a development plan, a social plan, an urban rehabilitation measure or any other urban development measure. Unofficial Table Of Contents

§ 178 Planting Bid

The municipality may require the owner to notify its property within one of the following to plant the planting plan in accordance with the provisions of Article 9 (1) (25) of the Bebauplan. Non-official table of contents

§ 179 Revocation and unsealing services

(1) The municipality can oblige the owner to tolerate a building Remove all or part of the asset if it
not
1.
do not set a BebauPlan , and cannot be adapted to them, or
2.
has malfunctions or defects within the meaning of section 177 (2) and (3) sentence 1, which is also due to modernisation or
)
1 shall apply in accordance with the other re-use of land permanently no longer used, in which the soil affected by the building or sealing has been damaged in its To maintain or restore performance, the other reusability shall be equal to 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 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. This shall not affect the right of the owner to carry out the disposal himself.(2) In the case of living space, the decision may only be taken if, at the time of disposal, adequate replacement living space is available for the residents under reasonable conditions. 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 shall be available at reasonable conditions.(3) The municipality has to pay the appropriate compensation in cash to the owner, tenant, tenant or other person entitled to use by 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 land with regard to the provision of the back-building or the unsealing. § 43 (1), (2), (4) and (5) as well as § 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 level of the capital gains resulting 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 load on the property.

Seventh Part
Social Plan and Hardener Compensation

A non-official table of contents

§ 180 Social Plan

(1) Economic development plans, urban development measures or urban development measures are expected to be effective. to the personal living conditions of people living or working in the area, the municipality should develop ideas and discuss with the interested parties how to avoid or mitigate adverse effects as far 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 to avoid disadvantages or to use aid or are further measures of the municipality for other reasons. , the municipality has to consider appropriate measures.(2) The outcome of the discussions and examinations referred to in paragraph 1, as well as the measures likely to be taken into account by the municipality and the possibilities for its implementation, shall be presented in writing (social plan). (3) In the event of an implementing measure by a municipality other than the municipality, the congregation may request that the other act in agreement with it on the tasks arising out of paragraph 1. The municipality may, in whole or in part, carry out these tasks by itself and impose the costs on the other. Non-official table of contents

§ 181 Hardness compensation

(1) As far as equity is required, the congregation is to contribute to the implementation of this code. Avoid or compensate for economic disadvantages-also in the social field-grant a hardship compensation in money upon request
1.
a tenant or tenant if the lease or lease ratio has been revoked or expropriated with regard to the implementation of urban planning measures;
2.
a promised contracting party if dismissal is required for the implementation of urban planning measures; this applies accordingly if a rental or lease ratio is prematurely shall be terminated by agreement of the parties concerned; the municipality shall 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 leased or leased rooms are completely or partially temporarily unusable and the municipality confirms that this is due to the early implementation of urban planning measures;
4.
a tenant or tenderer for the removal costs incurred by the fact that he/she is after the eviction of his apartment has been temporarily placed elsewhere and a new lease or lease is later established in the area, provided that this is provided for in the social plan.
The disadvantage of the person concerned is of particular hardship in his/her personal circumstances, is not to be granted compensation or compensation and also does not compensate for any other measures.(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 in so far as the applicant has failed to compensate for the economic disadvantage by means of reasonable measures, in particular by using own or foreign means. name="BJNR003410960BJNG004905310 " />

Achter Part
Miet and Pachtrelationships

Unofficial Table of Contents

§ 182 Repeal of Lease or lease relationships

(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 in accordance with § § 176 to 179 Cancellation of a tenancy or lease, the municipality may have the legal relationship at the request of the owner or in view of an urban planning bid with a period of at least six months, in a country or forestry sector only to be cancelled at the end of a lease year.(2) The congregation may only cancel a rental relationship via housing if, at the time of termination of the tenancy, reasonable accommodation space for the tenant and the persons belonging to his home stand at reasonable conditions are available is. If the tenants or tenants of the business premises seek other accommodation, the municipality shall only cancel the rent or lease relationship if, at the time of termination of the legal relationship of other suitable business premises, reasonable accommodation is to be expected. Conditions are available.(3) Where the working base of a tenants or tenants of business premises is established in the formally defined redevelopment area or in an urban development area as a result of the implementation of urban rehabilitation measures or urban development The municipality may, at the request of the tenderer or the subject, no longer be granted the right to continue the tenancy or lease, and if it is therefore no longer possible to grant it the legal relationship with a period of at least six Months. Unofficial Table Of Contents

§ 183 Repeal of lease or lease relationships over unbuilt plots

(1) Is the Construction plan for an unfinished property another use is provided and is the intention to change the use immediately, the municipality can cancel on request of the owner rent or lease conditions that relate to the property and stand up to the new use.(2) Paragraph 182 (1) shall apply mutas to the repeal. Unofficial table of contents

§ 184 Repeal of other contractual relationships

§ § 182 and 183 are accordingly to other school-law-related To use contractual relationships that entitle the use or use of a property, building, or building part or other construction plant. Non-official table of contents

§ 185 Compensation for the cancellation of lease or lease relationships

(1) Is a legal relationship based on § 182, of the § 183 or § 184 has been repealed, to the extent that the persons concerned receive adequate compensation in cash, in so far as they result from the early termination of the legal relationship. The provisions of the second part of the fifth part of the First Chapter shall apply accordingly.(2) For compensation, the municipality is obliged. 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 also be obliged to provide or procure replacement land in addition to the compensation provided for in paragraph 1. 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. Non-official table of contents

§ 186 Extension of lease or lease relationships

The municipality may, at the request of the tenderer or the holder, a rental or lease agreement. Extend the lease of the residential or commercial space in the formally defined redevelopment area, in the urban development area or with regard to measures in accordance with § § 176 to 179, insofar as this is necessary for the implementation of the social plan

Neunter Part
Urban development measures related to measures to improve agricultural structure

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§ 187 voting of measures; building management planning and measures to improve the agricultural structure

(1) In preparing and implementing urban planning Measures are to be taken into account for measures to improve the agricultural structure, in particular the results of the preliminary planning according to Article 1 (2) of the Act on the Community Task "Improvement of 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 shall be carried out.(2) In drawing up the building plans, the upper floor cleaning authority must consider whether it is necessary to initiate a land resettlement or other measures to improve the agricultural structure.(3) The municipality shall participate in the preparatory work for the preparation of the building control plans as early as possible, provided that the measures to improve the agricultural structure are carried out by other bodies. Unofficial Table Of Contents

§ 188 Construction Management Planning and Parcel Agreement

(1) Is a parcel agreement based on the Parcel Cleanup Act in a If the municipality intends or is already in the process of notification, the municipality is obliged to draw up a plan for the construction of the building in good time, unless the land-based cleaning of the land is based on the development of the building. Municipal territory is not likely to have any effect.(2) The land cleaning authority and the municipality shall be obliged to coordinate their intentions concerning the territory of the municipality as early as possible. 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. Non-official table of contents

§ 189 Replacement land procurement

(1) In the case of an urban planning measure, a country or forestry operation will be or in part, the municipality shall also clarify with the owner of the establishment whether he or she is seeking another agricultural or forestry business or a 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 endeavour to procure or provide suitable substitute lands and make available to it any land belonging to it as a substitute country, provided that it does not require it for the tasks which it observes. Non-official table of contents

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

(1) Will be used for urban planning measures. In accordance with Article 87 (1) of the German Code of Forestry, a resettlement procedure may be initiated at the request of the congregation with the agreement of the higher administrative authority, if the person concerned has been informed of the the resulting loss of land to a larger circle of owners, or disadvantages for the general state culture, which are created by the urban development measures, should be avoided. The resettlement 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 maintenance plan (Section 59 (1) of the Parcel Reunification Act). The municipality is the institution of the company within the meaning of § 88 of the Parcel Reunification Act.(2) The early execution of the corridor settlement plan according to § 63 of the Parcel Cleanup Act may already be arranged if the industrial cleaning plan has been announced.(3) The admissibility of expropriation in accordance with the provisions of this Code shall remain unaffected even after the opening of the parcel cleaning procedure. Non-official table of contents

§ 191 Rules on the transport of land and forestry land

The territorial scope of a the development plan or a reorganisation shall not apply to the provisions relating to the transport of land and forestry land, unless it relates to the sale of the economic centre of a country or country; or Forestry operations or land listed in the land-use plan as land for agriculture or as forest.

Third chapter
Other provisions

First part
value determination

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§ 192 Experts ' Committee

(1) Self-employed, independent expert committees are set up to determine land values and other valuations of value.(2) The expert committees shall consist of a chairperson and honorary further reviewers.(3) The Chairperson and the other experts 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: The Committee of Gutachtersshall be responsible for the formation of the Advisory Committee. 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, To be added to the verifier.(4) The expert committees shall serve a business office. Non-official table of contents

§ 193 Tasks of the panel of experts

(1) The advisory committee shall report on the traffic value of the buildings and unbuilt property, as well as rights to land, if
1.
is the one for the execution of this Competent authorities responsible for the performance of the tasks referred to in this Code,
2.
for the determination of the value of a land or of the compensation for 3.
3.
the owners, the righteous persons, who are the same persons, who are entitled to a property or a right to a property under other statutory provisions
Holders of other rights in the property and those entitled to the obligation, for whose mandatory part the value of the land is of importance, or
4.
Courts and Judicial authorities
Application entitlements under other legislation remain unaffected.(2) In addition to the amount of compensation for loss of rights, the Committee may also report on the level of compensation for other financial disadvantages.(3) The opinions shall have no binding effect unless otherwise determined or agreed upon.(4) A copy of the opinion shall be sent to the owner.(5) The Committee of Gutachters shall conduct a purchase price collection, evaluate it and determine ground guidelines and other data necessary for the determination of the value of the goods. Other data required for value determination include, in particular,
1.
Capitalization rates, with which the traffic values of land are coined on average in the market (real estate interest rates), for the different types of land, In particular, rental properties, business plots and mixed-use plots,
2.
factors for adjusting the property values to the respective situation on the Real estate market (property value factors), in particular for the land types single and two-family houses,
3.
conversion coefficients for the value ratio of otherwise of the same type of land, B. with varying degrees of structural use and
4.
Comparison factors for built-up land, in particular in relation to a space or area unit of the building's construction
thedata within the meaning of the first and second sentences are to be communicated to the competent financial authorities for the purposes of the tax assessment. Non-official table of contents

§ 194 Transport value

The value of the traffic value (market value) is determined by the price at the time when the value of the traffic is Determination, in the ordinary course of business, in accordance with the legal circumstances and actual characteristics, the other nature and the location of the land or other subject matter of the valuation of the value without regard to unusual or personal circumstances would be achieved. Non-official table of contents

§ 195 Purchase price collection

(1) For the management of the purchase price collection, any contract by which someone is committed is Ownership of a property for remuneration, also in the way of exchange, to transfer or to order a hereditary building law for the first time or again, to be sent by the evaluating body in transcript to the expert committee. 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 The decision to set up a conversion plan, the decision on a simplified transfer and the award in a foreclossive procedure are the subject of a decision on the transfer procedure.(2) The purchase price collection may only be transmitted to the competent tax office for the purpose of taxation. Provisions in accordance with which documents or acts are to be submitted to the courts or public prosecutors shall remain unaffected.(3) Information from the purchase price collection shall be provided in the event of a legitimate interest in accordance with the provisions of national law (§ 199 para. 2 no. 4). Non-official table of contents

§ 196 Ground Direction Values

(1) The purchase price collection is based on average floor values for the floor. , taking into account the different state of development (ground level values). 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) Where the quality of the soil has changed in an area by means of a development plan or other measures, the next update of the soil guidelines on the basis of the amended quality shall also be based on the soil guide values referred to in Value ratios at the time of the last main determination or at the last other time of determination for tax purposes. The investigation can be omitted if the competent tax office does not do so.(3) The ground guidelines shall be published and communicated to the competent tax office. Anyone can request information from the office about the land guidelines. Non-official table of contents

§ 197 Powers of the Committee of Gutachers

(1) The advisory committee may provide oral or written information to (c) experts and persons to obtain information on the property and, where necessary for the purposes of determining cash benefits in the reconversion procedure, compensation and expropriation compensation, a plot of land to be used for the purposes of: To make comparison, be able to make use of it. 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. Apartments may only be entered with the consent of the owner of the apartment.(2) All courts and authorities shall have legal and administrative assistance to the Committee of Gutachters. 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. Non-official table of contents

§ 198 Oberer Gutachter Committee

(1) For the area of one or more senior administrative authorities, Obere To form expert committees or head offices if more than two expert committees are set up in the area of the higher management authority. The provisions of the expert committees shall be applied accordingly to the Obere Gutachtercommittees.(2) The Obere Gutachterausschuss or the Central Office shall in particular have the task of drawing up national analyses and analyses of the market situation in the real estate market, including 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) The Obere Evaluation Committee shall, at the request of a court, report a report of the opinion of a panel of experts if the opinion of a panel of experts is already available. Non-official table of contents

§ 199 Empowerment

(1) The Federal Government is authorized, with the consent of the Federal Council, by means of a legal regulation to adopt rules on the application of the same principles in the determination of traffic values and in the derivation of the data necessary for the determination of the value, including the ground-based values.(2) The State Governments are authorized, by means of legal regulation
1.
the formation and the action of the Expert committees and the Oberen Gutachtercommittees as well as the Central Business Centre, unless already done in this Code, the participation of the reviewers and their exclusion in individual cases,
2.
the tasks of the chairman,
3.
the setup and tasks of the Business Unit,
4.
The management and evaluation of the purchase price collection, the frequency of the determination of the soil direction and the publication of the soil guide values and other data relating to the valuation of goods and the provision of information from the purchase price collection,
5.
the transmission of data from the land cleaning authorities to the management and Evaluation of the purchase price collection,
6.
the transfer of further tasks to the panel of experts and to the Upper Gutachter Committee and
7.
Rules the Compensation of the members of the Gutachtercommittee and the Upper Gutachter Committee
.

Second part
General Rules; responsibilities; administrative procedures; planning maintenance

First section
General rules

A non-official table of contents

§ 200 plots; rights of land; land registry

(1) The provisions of this Code of land are also applicable to land use To apply the parts of the base.(2) The provisions existing for the ownership of land are, in so far as this Code does not require otherwise, to be applied in accordance with the provisions of the same rights as well.(3) The municipality may record, immediately or in the foreseeable future, areas that can be built into maps or lists on the basis of a map of the site, containing floor and parcel numbers, street names and land size information (Bauland Catasters). 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. Non-official table of contents

§ 200a Replacement

representations of areas to compensate for and set up areas or measures to compensate In the sense of Section 1a (3), replacement measures shall also include. 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. Non-official table of contents

§ 201 Concept of agriculture

Agriculture within the meaning of this Code is in particular agriculture, the meadows and Grazing, including animal husbandry, to the extent that the food can be produced mainly on the agricultural land belonging to the agricultural holding, the production of horticultural crops, the construction of the labour market, the wine-growing sector, the Professional beekeeping and professional inland fishing. Non-official table of contents

§ 202 Protection of the mother's floor

, parent floor, which is used in the construction and modification of construction equipment, and in the case of essential elements. other changes in the surface of the earth must be preserved in the usable state and protected from destruction or deferment.

Second Section
responsibilities

Non-official table of contents

§ 203 Derogation Jurisdiction

(1) The state government or the authority designated by it may, in agreement with By means of a decree law, the congregation determines that the tasks of the municipality are transferred to another local authority or to a federation, the community of which the municipality participates in.(2) The tasks of the municipalities in accordance with this Code may be carried out by Land Law on associations of associations, administrative communities or comparable legal groupings of municipalities to which local self-management tasks of the municipalities according to the law of the country are Congregation is to be transferred. In the Land Law, it is necessary to regulate how the municipalities participate in the task filling.(3) The Land Government may, by means of a regulation, transfer the tasks assigned to the higher administrative authority in accordance with this Code to other public authorities, counties or county-free municipalities.(4) Underlying 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 administrative authorities, the Supreme State Authority for the Decision in the approval and assent procedure responsible. If the areas of validity are in different countries, the Supreme State authorities will decide by mutual agreement. unofficial table of contents

§ 204 Common land use plan, construction management planning for planning associations, and in area or Inventory Change

(1) Neighbouring municipalities should 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 to be developed. Land use plan allows for fair compensation of the various concerns. 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 management authority is required.(2) Where municipalities in their territory or stock are changed or where the responsibility for establishing land use plans on associations or other municipal authorities is subject to change, they shall apply without prejudice to different national regulations. existing land-use plans. This also applies to spatial and factual parts of the land use plans. The power and duty of the municipality, association or other body to repeal land-use plans or to supplement it for the new municipality or to replace it with a new land-use plan shall remain in force. unaffected.(3) Procedures for setting up, amending, supplementing or repealing development plans may be continued after an area or stock change has been carried out at their respective levels. 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 stages to be repeated. Non-official table of contents

§ 205 Planning associations

(1) Municipalities and other public planning bodies can become a planning association together, in order to achieve the compensation of the various interests through joint, combined construction planning. The planning association shall take the place of the municipalities in accordance with its statutes for the planning of the building and its implementation.(2) If a concentration does not materialised in accordance with paragraph 1, the parties concerned may, at the request of a plan carrier, be merged into a planning association if this is urgently required 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 decides 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. or the federal agency or institution is contrary to the merger by the federal state government.(3) If an agreement is not reached on the statutes or on the plan among the members, the competent State authority shall establish a statute or plan and submit it to the planning association for 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 The federal government or the federal agency or the institution of the establishment by the Land government is in contradicts.(4) In accordance with the statutes, the planning association may be entrusted with the tasks of the congregation which it is responsible for in accordance with this Code.(5) The planning association shall be disbanded if the conditions for the concentration are not met or if the purpose of the joint planning is reached. If a matching decision on the dissolution is not achieved, 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 him are considered to be the construction plans of the individual municipalities.(6) These provisions do not preclude a concentration according to the purpose of the special purpose or by special national laws.(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 determination referred to in paragraph 3, sentence 2 or 4, shall be delegated to the municipalities for the purpose of establishing the draft plans for the construction of a building plan. in the area of which the Construction Management Plan is to be established, to be forwarded within a reasonable period of time for the opinion. § 3 (2) sentences 4 and 6 shall apply accordingly to the treatment of the suggestions made by the municipalities within the time limit. Non-official table of contents

§ 206 Local and factual responsibility

(1) Local authority is the authority in whose area the affected Land 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: shall be determined by the next higher-level joint authority.(2) If a higher managing authority does not exist, the Supreme State Authority shall be a higher administrative authority.

Third Section
Administrative Procedures

Non-Official Table of Contents

§ 207 From the Office of Ordered Representatives

If a representative does not exist, the Childcare Court, for a to appoint a family court, at the request of the competent authority, to appoint a legal and expert representative to the family court
1.
for a participant whose person is unknown, or for a person whose involvement is uncertain
2.
for an absent participant whose stay is unknown or whose stay is known but which prevents him from getting his fortune
3.
for a participant whose stay is not within the scope of this Code, if he or she is invited by the competent authority, appoint a representative within the time limit set for it,
4.
for total trade owners or owners by fractions, and for several Proprietor of any other right of land or of a right under the property of the property if it fails to comply with the request of the competent authorities to appoint a joint representative within the time limits set for them
5.
in the case of non-hearted land for the maintenance of the rights and obligations arising from the ownership of the property.
For the order and for the office of the representative the provisions of the Civil Code shall apply in accordance with the provisions of the Pflegschaft. Non-official table of contents

§ 208 Order research arrangements

The authorities may also order research into the facts of the case, that
1.
participants appear personally,
2.
Submitting documents and other documents to which a participant has referred to
3.
Mortgage, primary debt and retirement debt creditors present the mortgage, primary and pension debt certificates in their possession.
In the event of a participant the arrangement cannot be complied with, 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. Non-official table of contents

§ 209 Pre-work on land

(1) Owners and owners have to condone the responsibility of the competent authorities for the preparation of the measures to be taken by them in accordance with this Code, enter land and carry out measurements, soil and groundwater tests or similar work. The intention to carry out such works is to be known to the owners or owners. Apartments may only be entered with the consent of the owner of the apartment.(2) In the event of a measure permitted under paragraph 1, the owner or owner shall be subject to direct financial disadvantages, for that purpose shall be the body which has given the contract to provide adequate compensation in cash; agreement shall be reached on The decision shall be taken by the higher management authority, and 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 acted, shall provide compensation to the person concerned; if an agreement is not reached on the compensation for the payment of the payment, it shall: the expropriation authority shall determine the compensation, and the parties to the decision shall be heard before the decision. unofficial table of contents

§ 210 reinstatation

(1) If a participant was prevented from being forcified, a legal or a legal basis In the case of a certain period of time for a procedural act, he must be granted reinstatment at the previous stage.(2) The competent authority pursuant to Section 32 (4) of the Administrative Procedure Act may, after re-establishment of rights, take the place of a decision which would change the new legal status brought about by the previous procedure, a To fix compensation. A non-official table of contents

§ 211 Letter of appeal

The administrative file referred to in this code is to be accompanied by a statement, by which the person concerned shall be informed of the remedy given against the administrative act, the body in which the appeal is to be submitted and the time limit for the appeal. Non-official table of contents

§ 212 Pre-trial procedure

(1) The state governments can determine by means of a legal regulation that a post-fourth or The fifth part of the first chapter of the Administrative Act may be challenged by application for a court decision in accordance with Section 217 only after its legality and appropriateness has been verified in a preliminary proceedings; the preliminary proceedings is to be regulated in accordance with the rules of the administrative court order.(2) If a preliminary procedure is provided for, the appeal against
1.
has the transfer decision in accordance with § 47 (1) (a). 1,
2.
Announcement of the unquestionability of the redeployment plan in accordance with § 71 (1) and
3.
the early ownership instruction in accordance with § 77 or § 116
does not have a suspensive effect. Section 80 (4) and (5) of the Administrative Court of Justice shall be applied accordingly. Unofficial table of contents

§ 212a Discharge of suspenseable effect

(1) A third party's objection and action against the building supervisory authorities Approval of a project does not have a suspensive effect.(2) The appeal against the assertion of the reimbursement amount pursuant to § 135a (3) and the compensation amount pursuant to § 154 by the municipality do not have a suspensive effect. Non-official table of contents

§ 213 Administrative Offences

(1) Administrative Offences are those who are
1.
makes inaccurate statements against better knowledge, or presents incorrect plans or documents to provide a to enact or to prevent a burdensome administrative act;
2.
Piles, plums or other markings that serve to pre-operate, is taking, changing, unrecognizable or inaccurate;
3.
a binding for plantings fixed in a development plan in accordance with Article 9 (1) (25) (b); and for the conservation of trees, shrubs and other plantings and of waters in such a way that they are eliminated, substantially impaired or destroyed;
4.
a constructional facility within the scope of a conservation sentence (§ 172 (1) sentence 1) or a statute on the implementation of urban restructuring measures (§ 171d para. 1) without authorization
() In the cases referred to in paragraph 1 (1) and (2), the administrative offence may be subject to a fine of up to five hundred euros, in the case of paragraph 1 (3), with a fine of up to ten thousand euros and in the case of paragraph 1 (4). is punished with a fine of up to twenty-five thousand euros.

Fourth Section
Planning

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§ 214 Eighth of the violation of rules on the establishment of the land use plan and the statutes; additional procedure

(1) A breach of the procedural and formal provisions of this Code is only significant for the legal effectiveness of the land use plan and of the statutes under this Code, if
1.
contrary to § 2 para. 3, the issues touched by the planning that were or would have been known to the community must be known, have not been identified or evaluated in substantial respects, and if the defect has been obvious and has been the result of the process of influence;
2.
the rules on public and public participation in accordance with § 3 para. 2, § 4 para. 2, § 4a para. 3 and 5 sentence 2, § 13 para. 2 sentence 1 nos. 2 and 3 (also in connection with § 13a Abs. 2 (1), § 22 (9) sentence 2, § 34 (6) sentence 1 and § 35 (6) sentence 5 have been infringed; in this connection, if individual persons, public authorities or other institutions of public interest have not been involved in the application of the provisions, however, the relevant concerns were not significant or have been taken into account in the decision, or individual information on which types of environmental information are available, or the reference in accordance with § 3 (2) sentence 2 Half 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 it is not subject to an environmental assessment, has been omitted, or if application of § 4a, paragraph 3 Sentence 4 or § 13 (including in conjunction with Section 13a (2) (1)), the conditions for the execution of the participation in accordance with these regulations have been misunderstood;
3.
the regulations on the justification of the land use plan and the statutes as well as their drafts according to § § 2a, 3 para. 2, § 5 para. 1 sentence 2 semisentence 2 and para. 5, § 9 para. 8 and § 22 (10), where the justification of the land use plan or of the statutes or its draft is incomplete; by way of derogation from paragraph 2, a breach of provisions relating to the environmental report shall be , if the justification for this is incomplete only in insignificant respects;
4.
a decision of the municipality on the land use plan or the statutes does not has not been granted, or which has not been achieved with the notification of the land use plan or of the articles of association.
Where, in the cases of sentence 1, point 3, the explanatory statement in essential respects is incomplete, the municipality shall, on request, provide information if a legitimate interest is presented.(2) The legal validity of the building control plans is also insignificant when
1.
meets the requirements of the 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.
§ 8 para. 2 sentence 1 with regard to the development of the development plan from the land use plan has been breached without the result of the land use plan ,
3.
the development plan has been developed from a land-use plan, the ineffectiveness of which has been developed Violation of procedural or formal requirements, including § 6 after the publication of the development plan;
4.
in parallel proceedings against § 8 (3) In
to paragraphs 1 and 2, the following shall apply in respect of development plans drawn up under the accelerated procedure laid down in Article 13a of the European Parliament and of the Council of the European Parliament, in respect of development plans established under Section 13a of the Regulation:
1.
(dropped)
2.
The disclaimer in accordance with § 13a (3) is invaluable for the legal validity of the building plan.
3.
Based on the fact that an environmental assessment is to be carried out, 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 properly , if it has been carried out in accordance with the provisions of Section 13a (1) sentence 2 no. 2 and its result is traceable; in so doing, it is insignificant if individual authorities or other bodies of public interests have not been involved , otherwise there is a deficiency in the legal validity of the development plan.
4.
The assessment that the reason for the exclusion in accordance with § 13a (1) sentence 4 is not where the result is comprehensible and the development plan does not justify the admissibility of projects referred to in column 1 of Appendix 1 to the Environmental Impact Assessment Act; otherwise, there shall be a The legal validity of the development plan is a considerable shortcoming.
(3) For the consideration, the property and legal situation is decisive at the time of the decision on the land use plan or the statutes. Defects which are the subject of the regulation referred to in the first sentence of paragraph 1 of this Article cannot be claimed as defects in the balance; moreover, defects in the weighing process are only significant if they appear to have a clear effect on the balance of the weighing have been.(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 asserting violation of regulations

(1) Insignificant will be
1.
a significant violation of the procedure referred to in § 214 (1) sentence 1 (1) to 3 (3) sentence 1. Formal requirements,
2.
a breach of the provisions on the relationship between the development plan and the Land use plan and
3.
according to § 214 (3) sentence 2 significant defects in the weighing process,
if they have not been published within one year since the date of publication of the the plan of land use or the articles of association shall be submitted in writing to the congregation in the light of the facts of the breach of the law. Sentence 1 shall apply mutatically if errors in accordance with section 214 (2a) are considerable.(2) On the entry into force of the land use plan or the statutes, reference should be made to the conditions for the assertion of the violation of regulations as well as to the legal consequences. unofficial table of contents

§ 215a

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§ 216 Tasks in the approval process

The obligation of the competent authority for the approval procedure to verify compliance with the regulations, the violation of which is based on the § § 214 and 215 on the Do not affect the legal validity of a land use plan or a statutes.

Third part
Procedure in front of the Chambers (Senates) for building land matters

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§ 217 Application for a court decision

(1) Administrative file after the fourth and fifth part 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), only by application for a court decision can be challenged. 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 a conviction for the adoption of an administrative act or for any other benefit, as well as a determination. The Landgericht (Regional Court) decides on the application for construction land.(2) The request shall be submitted within one month from the date of the notification of the administrative act to the body which has adopted 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 has terminated the preliminary proceedings.(3) The application must refer to 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 shall 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, together with its files, to the competent regional court without delay. If the procedure has not yet been completed, copies of the relevant documents shall be submitted instead of the files. Non-official table of contents

§ 218 Re-establishment of rights

(1) If a participant was unable to do so without fault, the time limit specified in § 217 (1) (1) was prevented. 2, he shall be granted reinstatation at the request of the District Court, Chamber of Construction Matters, if he submits the request for a court decision within two weeks of the removal of the obstacle, and the The facts that give rise to 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 time limit, the reinstatment can no longer be requested.(2) If the contested administrative act is an expropriation decision and if the existing legal status has already been replaced by the new legal status (Section 117 (5)), the court cannot repeal the expropriation decision in the case of reinstatement and in respect of the subject-matter of the expropriation or the nature of the compensation. Non-official table of contents

§ 219 Local jurisdiction of the district courts

(1) Local authority is the district court, in whose district the place, the has adopted the administrative act, its registered office.(2) The State Governments may, by means of a legal regulation, assign the trial and decision on requests for judicial decision to a district court for the districts of several state courts, if the summary is for a promotion or to ensure that the procedures are carried out more quickly. The state governments can transfer this authorisation to the Land Justice Administrations. Non-official table of contents

§ 220 Composition of the Chambers of Construction Matters

(1) In the county courts, one or more chambers shall be used for Building land is 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 provisions relating to the single judge 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 competent supreme authority responsible for administrative jurisdiction over a period of three years. Non-official table of contents

§ 221 General rules of procedure

(1) In the case of a request for a court decision, the courts shall be brought before the courts, the provisions in force in the case of lawsuits in civil disputes shall be applicable in so far as nothing else arises from the provisions of Sections 217 to 231. § 227 (3) sentence 1 of the Code of Civil Procedure is not applicable.(2) The Court of First Instance may also order, on its own account, the inclusion of evidence and, after consulting the parties concerned, also take into account such facts which have not been brought forward by them.(3) If several requests for judicial decision are made 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 (1) sentence 1 and 2 of the Law on Jurisdiction are not to be applied. Non-official table of contents

§ 222 Participant

(1) Who participated in the procedure in which the administrative act was issued, is also in the court proceedings if his or her rights or obligations may be affected by the judgment of the court. The body responsible for issuing the administrative act is also the body in the judicial procedure.(2) The application for a court decision shall be notified to the other parties referred to in the first sentence of paragraph 1, insofar as they are known.(3) The parties concerned shall apply the provisions of the Code of Civil Procedure applicable to the Parties accordingly. § 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. Non-official table of contents

§ 223 Invocation of discretionary decisions

To the extent that the body that issued the administrative act is authorized to to act in its discretion, the application may only be based on the fact that the decision is unlawful because the legal limits of the discretion are exceeded or of the discretion in a non-empowerment to the purpose of the empowerment. Wise use has been made. 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

§ 224 Discharge of suspenseable effect upon request for court decision

The application for a court decision against
1.
the transfer decision in accordance with § 47 (1),
2.
the announcement of the unquestionability of the redeployment plan according to § 71 para. 1,
3.
the early Title of possession according to § 77 or § 116 as well as
4.
The assertion of the reimbursement amount according to § 179 paragraph 4
does not have a suspensive effect. Section 80 (5) of the Administrative Court is to be applied accordingly. Non-official table of contents

§ 225 Early execution order

If only the amount of a claim damage is in dispute, the court may Application by the beneficiary of the expropriation shall decide that the expropriation authority must order the execution of the expropriation decision. 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. Non-official table of contents

§ 226 Judgment

(1) Judgment is passed on the request for a court decision.(2) Where an application for a judicial decision relating to a claim for a cash benefit is considered 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 issuing the administrative act is obliged to do so in the The Court of First Instance held that the matter should be decided on the other hand, in compliance with the Court(3) An expropriation decision may also change the court 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. If an expropriation decision is repealed or amended in respect of the object of the expropriation, the court shall inform the enforcement court of its judgment in the case of Section 113 (5) of the judgment.(4) Where a number of applications are only one or only one part of an application for final decision, the court shall only issue a partial judgment in this case if it appears necessary to speed up the procedure. Non-official table of contents

§ 227 Secession of a participant

(1) The participant who submitted the application for a court decision appears in an appointment for oral proceedings, it is possible to negotiate verbally even if one of the other parties does not appear. A request made by a non-member party at a previous oral hearing may be decided on the basis of the file's situation.(2) In the event that the party who made the application for a court decision does not appear in an oral hearing date, 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

§ 228 Costs of Procedure

(1) Insofar as the party concerned has made the request for a court decision, if none of the parties concerned have made any objection to the matter in the main proceedings, when the cost provisions of the Code of Civil Procedure have been applied, the body which has adopted the administrative act shall be deemed to be the subject of the administrative act.(2) The court, at the request of the person concerned, shall, at its reasonable discretion, decide on the reimbursement of the costs of a party which has not submitted a request for the main cause. Non-official table of contents

§ 229 appeal, complaint

(1) The appeal and the appeal are decided by the Oberlandesgericht (Oberlandesgericht), Senate for Building land, in the occupation with two judges of the Oberlandesgericht including the chairman and a full-time judge of a Supreme Administrative Court. Article 220 (1), third sentence, and (2) shall apply accordingly.(2) The State Governments may, by means of a legal regulation, be able to negotiate and decide on the appeals and appeals against decisions of the Chambers of Construction matters to a Higher Regional Court or the Supreme Regional Court for the District Court If the summary is relevant for the promotion or faster execution of the procedures, several Oberlandesgericht (Higher Regional Courts) shall be assigned. The state governments can transfer this authorisation to the Land Justice Administrations by means of a legal regulation. Non-official table of contents

§ 230 Revision

The Federal Court of Justice decides on the revision. Unofficial table of contents

§ 231 Agreement

The parties involved during a judicial process involving expropriation such § § 110 and 111 shall apply accordingly. The Court of First Instance shall replace the expropriation authority. Non-official table of contents

§ 232 Further jurisdiction of the Chambers (Senate) for building land matters

The Länder may by law the Chambers and the Senates in the case of building land matters, the negotiation and decision on measures of expropriation and the same interventions relating to the subject-matter referred to in Article 86, which are based on national law or are carried out under national law, and Transferring compensation claims and declaring the provisions of this Part to be applicable.

Fourth Chapter
Overline and Final Provisions

First Part
Overhead Rules

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§ 233 General

(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 in the following: is determined. 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 law.(2) The provisions of the third chapter, Part Four, of the fourth section on planning are 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 drawing up of land use plans and statutes shall continue to apply to the legal validity of the said law. 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: , to continue to apply the rules and regulations, the deficiencies of the weighing and other provisions, including their time-limits.(3) On the basis of previous versions of this Act, effective or overguided plans, statutes and decisions shall continue to apply. Non-official table of contents

§ 234 Rules on the transfer of pre-emption law

(1) The right to pre-emption law is at the time of the sales case shall apply current urban development legislation.(2) Statutes which have been enacted pursuant to Section 25 of the Federal Building Act shall be considered as the statutes pursuant to section 25 (1) sentence 1 no. 2. Non-official table of contents

§ 235 Overflow rules for urban renovation and development measures

(1) Urban development renovation and development measures adopted before the entry into force of a legislative amendment in accordance with the legislation currently in force at the beginning of the preparatory studies or preliminary investigations, shall, by way of derogation from Article 233 (1) to apply the provisions of this Act; completed procedural steps remain unaffected. However, is an urban development measure before the 1. § § § 165 to 171 are in force until 30 July 1987. It is necessary to amend the scope of the Development Measure Regulation in accordance with the objectives and purposes of such a development measure in accordance with the objectives and purposes of such a development measure, and is subject to Article 53 of the To continue to apply the connection with Section 1 of the Urban Development Law.(2) Is an urban development renovation measure before the 1. It was formally established in January 1998 and, after the restructuring of the company, only the permit requirement in accordance with Section 144 (2) of this Directive was laid down in the up to 31. The Commission shall continue to require the written authorisation of the municipality to be divided into force in December 1997. The municipality has the basic office of remediation in the sense of the first sentence, in the appropriate application of the date of the first sentence of 1 January 2008. § 143 (2) sentences 1 to 3, which are in force on 1 January 1998.(3) In the area under which the Basic Law is already before 3. In October 1990, Section 141 (4) was applied to decisions on the start of the preparatory studies, which were before 1 January 1990. It is not necessary to apply it in May 1993.(4) Sanctions which are before the 1. The Commission shall, at the latest by 31 January 2007, be notified of the Article 162 (1) (4) of the first sentence of Article 162 (1) of the first sentence of paragraph 162 (3) or (4) of the first sentence of paragraph 162 (3) or 4 of the first sentence of paragraph 162 (1) of the first sentence of paragraph 162 of the first sentence of paragraph Non-official table of contents

§ 236 General rules for the transfer of works and the maintenance of construction assets

(1) § 176 para. 9 is available To apply the expropriation procedure pursuant to Article 85 (1) (5) if the owner does not fulfil the obligation arising from a construction bid, which is to be found after the 31. The European Parliament and the Council have been ordered to(2) § 172 (1) sentence 4 to 6 does not apply to the formation of partial and residential property, the registration of which is prior to the 26. The European Parliament and the Council have been requested. This also applies if a claim to education or transfer of partial and residential property before the 26. It was secured by a preliminary note in June 1997. § 172 in the January 1998 is also on record, which is before 1 January 1998. The Commission has announced that it has been notified in a normal manner in January 1998. Nonofficial table of contents

§ 237

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§ 238 Compensation Regulation for Compensation

Was amended by the amendment to § 34 of the Federal Building Act (Bundesbaugesetz) by the Act amending the Federal Building Act of 18 December 2011. Article 42, paragraph 43 (1), (2), (4) and (5) and the second sentence of Article 44 (1) (2), (3) and (4) shall be applied to compensation in accordance with the provisions of Sections 42, 43 (1), (2), (4) and (5) of this Act; this shall not apply, to the extent that, at the time when, pursuant to § 44 (3) to (5), compensation may be required, a corresponding cancellation or alteration of the permitted use also in accordance with Section 34 of the Federal Building Act (Bundesbaugesetz) in the up to the 31. It would have been able to enter into force in December 1976, without the repeal or amendment of Article 44 of the Federal Building Act (Bundesbaugesetz) in the up to 31 December 1976. It would have been due to be compensated for in December 1976. Is due to the amendment of § 34 by the Act of European Law Adaptation Building of 24. As of June 2004, the maximum permitted use of a piece of land shall be repealed or substantially amended, the first sentence shall be applied mutatily. Non-official table of contents

§ 239 Cross-border rule for border control

The municipality has decided on the border control (§ 82 in the to the 20th 1 July 2004) before the 20. The provisions of the second part of the fourth part of the first chapter of the 20th of July 2004 are in force before the 20th of July 2004. The Commission shall continue to apply in force in July 2004. unofficial table of contents

§ § 240 and 241 (omitted)

- A non-official table of contents

§ 242 Disclosure Requirements for Development

(1) For existing closing systems, for which an obligation to pay is due to the up to the 29. It was not possible to make a contribution under this Code of Law, which was not applicable in the course of the Act of June 1961.(2) As far as 29. In June 1961, in order to comply with fixed-term contract obligations, 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 may be able to carry out their handling by law.(3) § 125 (3) shall also apply to development plans which are before 1. The Council has entered into force in July 1987.(4) Paragraph 127 (2) (2) shall also apply to transport equipment which is prior to the first subparagraph of Article 1 (2). It was finally established in July 1987. It's before the 1. In July 1987 an obligation to provide contributions was made in accordance with the law of the country.(5) For a children's playground, an obligation to pay is already mandatory on the basis of the prior to the 1. It remains in force in July 1987 (Section 127 (2) (3) and (4) of the Federal Building Act). 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 is also on before 1. If
1.
the contribution is not yet paid, apply the resulting contributions in July 1987. or
2.
it has not yet become indisputable.
(6) § 128 (1) is also applicable if the change-over plan (§ 66 of the Federal Building Act) or the VorwegregreScheme (§ 76 of the Federal Building Act) before the 1. (7). (7) Is before the 1st of the 1st of July 1987. Article 135 (4) of this Code is to be applied in July 1987 on the payment of the contribution to agricultural land (Section 135 (4) of the Federal Building Act) and the decision has not yet become indisputable.(8) § 124 (2) sentence 2 in which up to the 21. The current version of the Directive is also applicable to cost agreements in connection with the development contracts concluded before 1 January 2013. It was concluded in May 1993. § 129 (1) sentence 3 shall continue to apply to these contracts.(9) In the area referred to in Article 3 of the Einigungsvertrag, which have already been produced before the date of entry into effect of the accession, a contribution may not be made under this Act for the purpose of the development of installations or parts of installations which have already been produced before the date of entry into force of the accession. shall be collected. [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 to the final contribution. The national governments are authorized to adopt, if necessary, transfer regulations by means of a legal regulation. Non-official table of contents

§ 243 Overline rules for the law on the law of law on the building code and the Federal Nature Protection

(Bundesnaturschutzgesetz) (1) § 233 is to be applied to Procedures, plans, statutes and decisions which have been initiated, entered into force or have become effective on the basis of the Act of Action on the Building Code, shall apply accordingly.(2) In the case of a construction-control procedure, which is before the 1. The Act on the Protection of Nature (Bundesnaturschutzgesetz), which was formally launched in January 1998, can be implemented in the period up to 31 January 1998. It will continue to be applied in December 1997. Non-official table of contents

§ 244 Code of leftist for the law on adaptation to the law of Europe Construction

(1) By way of derogation from Section 233 (1), proceedings shall be taken for building guidelines and statutes pursuant to § 34 (4) sentence 1 and § 35 (6), which shall be made after the 20. The European Parliament and the Council of the European Union have formally opened the Commission on 15 July 2004. It was concluded in July 2006, following the provisions of this law.(2) By way of derogation from paragraph 1, there shall be a procedure for the development of the land in the period of 14 years. 1 March 1999 to 20 March 1999 The European Parliament and the Council of the European Union have been formally opened in July 2004. The provisions of the Construction Code in the preceding 20 years will be completed in July 2006. The Commission shall continue to apply in force in 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) shall apply only to building control plans which are brought to an end in accordance with the provisions of this law in accordance with paragraphs 1 or 2.(4) (omitted) (5) The municipalities may have statutes which are based on § 19 in the before the 20. The Court of Justice of the European Union, which was in force in July 2004, repeals The congregation has to make known these statutes in a customary manner; it may also make 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 be based on § 19 in the before the 20. The Directive is no longer applicable in July 2004. The municipality has no applicability to these statutes until 31 December 2008. It should be noted that the publication of the contract was published in The municipality has the land registry for deletion of one of it pursuant to § 20 para. 3 in the before the 20. The Court of Appeal, which was in force in July 2004, requested that the appeal be made.(6) For one on the basis of § 22 in the before the 20. Article 22 of the Rules of Procedure of the European Parliament and of the Council of 20 July 2004 July 2004, up to 30 June 2004. It shall continue to apply in June 2005. Article 22 of the Statute shall be applied to the Articles of Association in the case of the Basic Buchamp before the end of the 30th. The Commission received a communication from the congregation on the requirements of section 22 (2), third sentence, and 4 (4). If the communication does not take place within the prescribed period, the articles of association shall no longer be applicable to the transactions which it covers. A suspension of the testimony according to § 22 para. 6 sentence 3 in the before the 20. The latest version of the Directive is up to 30 July 2004. June 2005. The building approval authority has the land registry for deletion of one of it pursuant to section 20, para. 3 in the before the 20. July 2004, or on the basis of sentence 1 or 4 in conjunction with Section 20 (3), in the prior to the 20. The Court of Justice of the European Union shall, in accordance with the provisions of the Court of Justice of the European Union, make a request for an appeal in the land register when the Statute is no longer applicable or the suspension of the issuing of certificates becomes ineffective.(7) Paragraph 35 (5), second sentence, does not apply to the admissibility of a project which has the purpose of changing the use of a construction plant, the previous use of which is prior to the 20. The European Parliament and the Council have been admitted in July 2004. Non-official table of contents

§ 245 Enforcement rules for urban rebuilding, the social city, and the promotion of urban development measures

(1) from a community to 20. July 2004 with regard to the administrative arrangements for the granting of grants from the Federal Government to the Länder in accordance with Article 104a (4) of the Basic Law in its up to 20 years. July 2004, the amended version for the promotion of urban development measures as well as the urban development concept of the municipality, which has been set up for this purpose, is considered as a urban development area and urban development. Development concept within the meaning of § 171b.(2) One from the municipality to the 20th July 2004 with regard to the administrative arrangements for the granting of grants from the Federal Government to the Länder in accordance with Article 104a (4) of the Basic Law in its up to 20 years. July 2004, the amended version for the promotion of urban planning measures for measures of the social city as well as an established concept of the municipality are valid as an area and development concept within the meaning of § 171e.(3) For the promotion of urban planning measures up to 1. The administrative arrangements concluded in September 2006 concerning the granting of grants from the Federal Government to the Länder pursuant to Article 104a (4) of the Basic Law in its up to the first subparagraph of Article 104a of the Basic Law September 2006, § 164b is in force until 12 September 2006. The European Parliament and the Council of the European Union December 2019. Non-official table of contents

§ 245a Code of leftist regulations on the occasion of the law to strengthen the interior development in the cities and municipalities and Further development of urban development law

(1) The regulations on the admissibility of facilities for child care as well as installations for the use of solar radiation energy and combined heat and power plants in § 3 (2) (2) and § 14 (3) of the Baunutzungsverordnung in der ab dem 20. Subject to the provisions of sentence 2 and paragraph 2, the version in force shall also apply to land-use plans based on the Baunuration Regulation, as amended before 20 September 2013. The Commission has entered into force in September 2013. Sentence 1 shall not apply in relation to childcare facilities, if before the 20. The provisions of Article 3 (3) (2) of the Baunutzungsverordnung (Baunutzungsverordnung) of the Baunutzungsverordnung (Baunutzungsverordnung) are exceptionally admissible. 1 January 1990 to 20 January 1990 The provisions of Article 1 (6) (1), (8) and (9) of the Baunutzungsverordnung (Baunutzungsverordnung) have been excluded.(2) The provisions of § 3 (2) (2) and 14 (3) of the Baunutzungsverordnung (Baunutzungsverordnung) in the beginning of 20. As amended in September 2013, the admissibility of facilities for child care and installations for the use of solar radiation energy and combined heat and power plants in connection with the first sentence of paragraph 1 may be amended by amending the construction plans may be restricted or excluded in accordance with the provisions of the Baunutzungsverordnung (Baunutzungsverordnung), and the provisions of this Code shall be applicable to the establishment of the Construction Management Plans, including § § 14 to 18. The procedure for the modification of development plans in accordance with the first sentence may be taken before the 20. The report will be launched in September 2013.(3) Representations in land use plans prior to the 20. The legal effects of Article 35 (3), third sentence, have also been achieved in relation to construction plants for animal husbandry within the meaning of Section 35 (1) (4) of this Directive, these legal effects also have been achieved with regard to construction plants for animal husbandry in accordance with the provisions of section 35 (1) (4) of the 20. Article 35 (1) (4), as amended in 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 have been cancelled and the plan for land use shall be adjusted by way of correction.(4) To the extent that authorisation decisions relating to animal husbandry which fall under Article 35 (1) (4) are taken, before the end of the fourth period of time, the 4. The Commission has received a request from the competent authority in July 2012, and is subject to Article 35 (1) (4) in its up to 20 years. The amended version will be applied in September 2013. Non-official table of contents

§ 245b External transfer rules for outside projects

(1) (omitted) (2) Countries can determine that the The period referred to in Article 35 (4), first sentence, point 1, point (c) shall not apply. unofficial table of contents

§ 245c

(omitted)

Second part
final rules

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§ 246 Special arrangements for individual countries; special arrangements for refugee accommodation

(1) In the countries of Berlin and Hamburg disposes of the authorisations or consents provided for in § 6 (1), § 10 (2) and § 190 (1); the Land of Bremen can determine that these permits or consents are no longer necessary.(1a) Countries 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 shall be reported to the higher administrative authority; this shall not apply to: Construction 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 of Berlin and Hamburg shall 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 can meet one of § 10 (3), § 16 (2), § 22 (2), § 143 (1), § 162 (2) sentence 2 to 4, and § 165 (8).(3) § 171f shall also apply to the legislation of the countries before the 1. The Council has entered into force on 1 January 2007.(4) The Senate of the Länder of Berlin, Bremen and Hamburg is authorized to adapt the provisions of this Code of Law on the competence of authorities to the special administrative structure of their countries.(5) The Land of Hamburg shall also be considered as a municipality for the application of this Code.(6) (omitted) (7) Countries may determine that the first sentence of Section 34 (1) is to be applied until 31 December. It will not apply to shopping centres, large-scale retail establishments and other large-scale commercial establishments within the meaning of Article 11 (3) of the Baunutzungsverordnung (Baunutzungsverordnung). § 238 shall apply mutaly to the use of a property by means of a rule set out in the first sentence of the first sentence of the first sentence of the present application.(8) Up to 31. Article 34 (3a), first sentence, shall apply mutably to commercial, office or administrative buildings which have been lawfully set up for the purposes of the change in use and shall be used for the accommodation of refugees or asylum seekers, and for the purposes of which: Extension, modification or renewal.(9) Up to 31. Article 35 (4) sentence 1 shall apply in accordance with the law of December 2019 in respect of projects which serve to accommodate refugees or asylum-seekers, if the project is directly related to the project pursuant to § 30 (1) or § 34. in the case of cultivated areas within the settlement area shall be carried out.(10) Up to 31. December 2019 can be used in industrial areas (§ 8 of the Baunning Ordinance, also in conjunction with § 34 (2)) for reception facilities, community accommodation or other accommodation for refugees or asylum seekers from the compositions of the The construction plan shall be exempted if facilities for social purposes can be admitted to the site as an exception or are generally accepted and the deviation is also compatible with public concerns, even if the interests of neighbourly interests are appreciable. § 36 shall apply accordingly. Unofficial Table Of Contents

§ 246a Flood Areas, flood-prone areas

On the occasion of reannouncing a Land use plan according to Article 6 (6), the territories referred to in § 5 (4a) shall be taken over in accordance with this provision and shall be recorded. Non-official table of contents

§ 247 Special regulations 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 shall be considered in consideration of the concerns arising from the development of Berlin as the capital of Germany and the requirements of the constitutional bodies of the Federation for the performance of their task shall be particularly taken into account.(2) The concerns and requirements referred to in paragraph 1 shall be discussed between the Federal Government and Berlin in a joint committee.(3) If there is no agreement in the committee, the constitutional bodies of the federal government can determine their requirements independently; they have to take into account an orderly development of Berlin's urban development. The construction guidelines and other statutes referred to in this Code shall be adapted in such a way as to take appropriate account of the requirements identified.(4) If the constitutional bodies of the Federal Republic of Germany have established requirements in accordance with the first sentence of paragraph 3 and are required to implement them in accordance with the provisions of this Code, the Bauleitplan or the Articles of Association shall be required to implement the provisions of this Code. set up.(5) (omitted) (6) (omitted) (7) The development of the parliamentary and government sectors in Berlin corresponds to the objectives and purposes of an urban development measure according to Article 165 (2).(8) In the context of approval, consent or other procedures for projects of the constitutional bodies of the Federal Republic of Germany, it is necessary to exercise discretion or to carry out assessments or assessments, as appropriate by the constitutional institutions of the Federal Government. (3) to take account of the requirements established by the Basic Law with the requirements of the Basic Law. Paragraph 2 shall apply accordingly. Non-official table of contents

§ 248 Special scheme for the economical and efficient use of energy

In areas with building plans or statutes after In the case of measures on existing buildings, Section 34 (4), first sentence, point 2 or 3 shall be permitted for the purpose of saving energy minor deviations from the fixed dimensions of the structural use, the construction and the surface area that can be overbuilt, insofar as this 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). Non-official table of contents

§ 249 special wind energy schemes

(1) In a land use plan, additional areas will be used for the use of Wind energy does not follow from this that the existing representations of the land use plan to achieve the legal effects of Section 35 (3) sentence 3 are not 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 is also possible to establish that the wind energy plants fixed in the development plan are only admissible if it is ensured that, after the construction of the wind turbines fixed in the development plan, other wind energy plants have to be installed in the wind energy plant. wind turbines are to be recovered within a reasonable period of time to be determined in the construction plan. 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 pursuant to section 35 (1) (5).(3) Countries may be allowed to enter the country by 31 December 2015. State laws to be promulgated in December 2015 stipulate that Section 35 (1) (5) applies only to projects which are used for the exploration, development or use of wind energy, if they are at a certain distance from those in the State Law shall comply with the permitted structural uses. 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. Non-official 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)
Abstract of the content and key objectives of the building plan, including the description the schedule of the plan, including the locations, type and extent of the plan, and the requirements for the ground and the floor of the planned projects, and
b)
Presentation of the relevant projects in the plan. Environmental protection objectives and technical plans, which are important for the blueprint, 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 found in the environmental assessment according to § 2 para. 4 sentence 1, with details of the
a)
Inventory of the relevant aspects of the current environmental state, including the Environmental characteristics of the areas likely to be significantly affected
b)
Forecast on the development of environmental status in the implementation of planning and in the case of Planning,
c)
planned measures to avoid, reduce, and compensate for adverse effects and
d)
possible other planning options, taking into account the objectives and the spatial scope of the building plan
3.
the following additional information:
a)
Description of the most important features of the technical procedures used in the environmental assessment, as well as references to difficulties encountered in compiling the information are, for example, technical gaps or a lack of knowledge,
b)
Description of the planned measures to monitor the significant impact of the implementation of the Environment and
c)
generally understandable summary of the required information after this asset
name="BJNR003410960BJNE038304116 " />Non-Official Table of Contents

Appendix 2 (to § 13a para. 1 sentence 2 No. 2)

(Fundstelle: BGBl. I 2006, 3316;
bzexcl. of the individual amendments, cf. Footnote)

The following criteria must be applied to the extent to which Appendix 2 refers.
1.
Properties of the building plan, especially with respect to
1.1
the extent to which the building plan is Framework within the meaning of Section 14b (3) of the Law on Environmental Impact Assessment;
1.2
the extent to which the development plan is based on other plans and programmes ;
1.3
the importance of the development plan for the integration of environmental considerations, including health considerations, in particular with regard to: Promotion of sustainable development;
1.4
the environmental related issues relevant to the development plan, including health-related issues;
1.5
the importance of the building plan for the implementation of national and European environmental regulations.
2.
Characteristics of the possible effects and the likely affected areas, especially in relation 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, Accidents);
2.4
the extent and spatial extent of the impact;
2.6
the 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 Federal Nature Protection Act (Bundesnaturschutzgesetz),
2.6.2
Nature reserves according to § 23 of the Federal Nature Protection Act (Bundesnaturschutzgesetz), unless already mentioned in point 2.6.1 ,
2.6.3
National Park pursuant to Section 24 of the Federal Nature Protection Act, unless already recorded in point 2.6.1,
2.6.4
Biosphere Reserves and Landscape Protected Areas in accordance with § § 25 and 26 of the Federal Nature Conservation Act,
2.6.5
legally protected biotopes according to § 30 of the Federal Nature Conservation Act,
2.6.6
Water protection areas according to Section 51 of the Water Resources Act, Heilswelling Protection Areas in accordance with § 53 (4) of the Water Resources Act as well as flood plains according to § 76 of the 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 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, monuments, monuments or areas designated by the countries as archeological Significant landscapes have been classified.