Building Code

Original Language Title: Baugesetzbuch

Read the untranslated law here: http://www.gesetze-im-internet.de/bbaug/BJNR003410960.html

Building code (BauGB) contains Ausfertigung date: 23.06.1960 full quotation: "building code as amended by the notice of 23 September 2004 (BGBl. I p. 2414), most recently by article 1 of the law of 20 November 2014 (BGBl. I S. 1748) is changed" stand: Neugefasst by BEK. v. 23.9.2004 I 2414;
 
As last amended by article 1 G v. 20.11.2014 I in 1748 for details on the stand number found in the menu see remarks footnote (+++ text detection from validity: 1.8.1979 +++) (+++ changes due to EinigVtr cf. section 246a +++) heading: IdF d. Article 1 No. 1 G v. 8.12.1986 I 2191 mWv 1.7.1987 table of contents chapter General urban planning law first part of urban land use planning...
 
 
First section general rules task, concept and principles of urban development planning section 1 supplementary provisions to protect the environment § 1a installation the plans section 2 explanatory memorandum to the draft construction guide plan, environmental report § 2a § 3 public participation participation of authorities article 4 common rules on participation § 4a intervention of a third section 4B monitoring § 4 c second section of preparatory construction guidance plan (zoning) content of the land use plan section 5 approval of the land use plan section 6 adjustment to the land use plan section 7 third section binding construction guidance plan (zoning) purpose of the development plan section 8 content of the development plan § 9 authority to issue regulations § 9a decision , Approval and entry into force of the land development plan § 10 fourth section collaboration with private; simplified procedure urban development contract § 11 project and development plan § 12 simplified procedure article 13 development plans of the development of the internal section 13a of the second part of backup planning first section change lock and reset of building applications change lock § 14 deferral of building applications § 15 decision on the change lock § 16 validity of § 17 change lock change lock § 18 compensation second section Division of land; Areas with tourism functions Division of land article 19 (fallen away) section 20 (dropped out) section 21 backup areas with tourist functions section 22 (dropped out) section 23 third section statutory pre-emption rights of the municipality general right of first refusal section 24 special right of first refusal section 25 exclusion of pre-emption rights § 26 averting of pre-emption law § 27 exercise of the pre-emption right in favour of third section 27a procedures and compensation section 28 third part control the structural and other exploitation; Compensation first section admissibility have term of the project; Validity of legislation section 29 admissibility of projects within the scope of a development plan section 30 derogations and exemptions section 31 restrictions on future community needs, transport, supply and green areas § 32 admissibility of projects while establishing plan § 33 admissibility of projects within the related parts 34 built-up building outdoors section 35 participation of the municipality and the higher administrative authority § 36 structural measures of the Bund and the Länder § 37 structural measures by forbidding importance on basic plan approval procedures; public waste disposal installations section 38 second section compensation trust damage § 39 compensation in money or by acquisition section 40 compensation for justification by walking, driving and management rights and bindings for plantings § 41 compensation in the event of modification or revocation of a permitted use section 42 compensation and procedure § 43 Entschädigungspflichtige, exigibility and extinction of the compensation section 44 fourth part zoning first section apportionment purpose and scope of application article 45 jurisdiction and conditions § 46 apportionment decision section 47 involved section 48 succession section 49 notice of apportionment decision 50 disposition and change lock § 51 apportionment area section 52
 
Master card and inventory article 53 notifications and apportionment notice § 54 Umlegungsmasse and Division of mass article 55 distribution scale § 56 distribution according to values § 57 distribution by area section 58 allotment and termination § 59 severance and compensating for architectural installations, plantings and other bodies § 60 repeal, amendment and an explanation right § 61 joint ownership; special legal conditions § 62 transition of legal relations on the indemnity section 63 article 64 cash benefits deposit and distribution processes section 65 preparation and contents of the apportionment plan § 66 apportionment map section 67 apportionment directory section 68 notice of the apportionment plan, inspection section 69 delivery of the article 70 apportionment plan entry into force of the apportionment plan § 71 effects of publication of § 72 change the apportionment plan § 73 amending the public books section 74 consultation of the apportionment plan § 75 anticipating the decision section 76 early possession permit section 77 process and material costs § 78 tax and delivery exemption section 79 second section simplified assignment purpose , Scope of application, responsibilities of section 80 cash benefits article 81 decision about simplified assignment article 82 notice and legal effects of simplified assignment section 83 amending the public books § 84 part five expropriation first section admissibility of expropriation expropriation purpose § 85 subject to § 86 expropriation conditions for the admissibility of the expropriation section 87 expropriation from compelling urban reason § 88 disposal obligation § 89 expropriation of land compensation in land § 90 replacement for withdrawn rights § 91 scope , Restriction and expansion of the expropriation of § 92 second section compensation compensation principles article 93 of compensation justified and Entschädigungsverpflichteter § 94 compensation for the loss of rights § 95 compensation for other financial disadvantages § 96 treatment of rights in addition to legitimate article 97 debt transition article 98 compensation in Money § 99 compensation in land § 100 compensation by granting other rights § 101 back expropriation § 102 compensation for the rear expropriation § 103 third section expropriation procedure expropriation authority § 104 expropriation request § 105 involved section 106 preparation of the oral proceedings of section 107 the expropriation proceedings and fixing the date for the oral proceedings; Expropriation notice section 108 permit requirement section 109 agreement section 110 partial agreement section 111 expropriation authority § 112 expropriation decision § 113 running the use period of § 114 procedure at compensation by granting other rights § 115 early possession permit section 116 execution of the expropriation decision § 117 depositing § 118 distribution procedure § 119 annulment of the expropriation decision section 120 costs § 121 of the enforceable title § 122 part six development first section general rules opening up load section 123 duty of development of after contract combines off § 124 attachment to the zoning § 125 obligations of the owner of § 126 second section development contribution survey the development contribution of section 127 extent of development effort § 128 of Beitragsfähiger development effort article 129 type of determining the pensionable development effort § 130 standards for distribution of section 131 development effort regulation by statute § 132 subject matter and formation of post compulsory § 133 commences § 134 due date and payment of the contribution section 135 part seven measures for nature conservation obligations of the carrier of the project; Implementation by the community; Reimbursement section 135a distribution standards for the payroll section 135 b statutory law § 135 c chapter special urban planning law first part urban renovation measures of first section general rules urban renovation measures section 136 involvement and participation of the persons concerned § 137 accountability § 138 participation and involvement of public authorities § 139 second section preparation and implementation preparation § 140 preparatory investigations section 141 redevelopment statute § 142 announcement of the restructuring Statute, redevelopment notice § 143 approval projects and legal operations section 144 approval § 145 implementation section 146 disciplinary measures section 147 construction § 148 cost and financing overview § 149 replacement for changes of facilities , that public services serve tax and delivery exemption § 151 § 150 third section special rehabilitation legislation scope § 152 design of compensation and compensation, purchase price, assignment section 153 compensation amount of the owner of § 154 on accounting on the balance amount, see § 155 excess cable rules determining formal § 156 costs and financing of the reorganisation measure article 156a fourth section Redevelopment Agency and other responsible for fulfillment of tasks for the community § 157 requirements for the designation as a redevelopment agency § 158 of the tasks as a redevelopment agency § 159 trust § 160 backup of the trust assets section 161 fifth section
 
Completion of the renovation lifting the restructuring statute § 162 discontinuance of legal effects for individual plots of § 163 entitled to restitution § 164 sixth section of urban development usage of urban development funds § 164a management agreement section 164 b
 
Second part urban development urban development activities § 165 jurisdiction and tasks § 166 fulfilment of tasks for the community; Development Agency § 167 takeover request § 168 special regulations for the urban development sector § 169 special arrangements for customization areas § 170 costs and financing of the development action § 171 third part of urban restructuring in city reconstruction section 171a of urban renovation, urban development concept § 171 b City reconstruction contract § 171 c assurance of implementing measures § 171 part four social city measures the social city § 171e fifth part of private initiatives private initiatives for urban development, land rights § 171f sixth part of preservation Statute and urban bids first section preservation statute maintaining physical structures and the nature of areas (preservation Statute) section 172 approval , Takeover claim § 173 exceptions section 174 second section of urban bids general paragraph 175 construction bid § 176 modernisation and repair bid section 177 planting bid section 178 demolition and unseal bid § 179 part seven plan and hardship compensation plan § 180 hardship compensation § 181 eighth part rental and lease conditions cancellation of rental or lease conditions § 182 suspension of rental or lease conditions of § 183 of vacant land lifting other contract conditions § 184 compensation in the event of cancellation of rental or lease conditions § 185 extension of rental or lease conditions § 186 ninth part of urban development measures in the context with measures to improve the Agricultural coordination of measures; Planning and measures to improve the agricultural structure of § 187 urban land use planning and land consolidation § 188 country replacement section 189 reparcelling occasion an urban action § 190 relating to the traffic with agriculture and forestry land § 191 third chapter regulations of first part valuation expert Committee § 192 tasks of the Expert Committee § 193 market value § 194 price collection § 195 land values § 196 powers of the Expert Committee § 197 upper Expert Committee § 198 appropriations § 199 part II general provisions; Responsibilities; Administrative procedures; Plan conservation first section general rules on land; Rights to land; Land cadastre section 200 replacement measures § 200a term of agriculture § 201 protection of topsoil § 202 second section responsibilities deviating jurisdiction § 203 of common zoning, planning in formation of planning associations and area - or inventory section 204 planning associations § 205 local and material jurisdiction § 206 third section administrative procedures officio appointed representative § 207 arrangements for the exploration of the facts of the case, section 208 preparatory work on land section 209 reinstatement § 210 instruction concerning legal remedies section 211 preliminary proceedings § 212 elimination of the suspensive effect article 212a offences section 213 fourth section plan conservation Beachtlichkeit the violation of regulations on the establishment of the land use plan and the statutes; complementary procedure § 214 period for asserting the violation by regulations section 215 (fallen away) § 215a tasks in the approval procedure § 216 part III proceedings before the Chambers (panels) for land matters request for judicial decision § 217 restitutio in integrum § 218 territorial jurisdiction of the regional courts § 219 composition of the Chambers in land matters § 220 general procedural rules § 221 involved § 222 appeal against judgments § 223 elimination of the suspensive effect at request for judicial decision § 224 premature execution arrangement § 225 judgment section 226 omission of involved § 227 costs § 228 appeal, complaint section 229 revision § 230 unification § 231 more competence of the Chambers (Senate) for land matters § 232 fourth chapter Überleitungs-and final provisions of first partial line rules General excess cable rules § 233 excess management provisions for the right of first refusal section 234 parent management rules for urban rehabilitation and development activities § 235 excess management provisions for the construction bid and maintaining physical structures section 236 (dropped out) § 237 reconciliation provision for compensation § 238 transition rules for the border regime of section 239 (dropped out) § 240 (dropped out) § 241 excess management rules for the development of section 242 excess management rules for the measures Act to the Federal building code and the federal nature conservation Act § 243 have management governing for the European law adaptation Act construction § 244 excess management provisions for the urban redevelopment, the social city and promoting urban development measures article 245 excess line rules from cause of Act of strengthening the internal development in the cities and towns and further development of the urban planning law § 245a management rules for projects in the outdoor section 245b (dropped out) Article 245 c part two final provisions special arrangements for individual countries; Special arrangements for refugee accommodation § 246 floodplains, flood-vulnerable areas section 246a special arrangements for Berlin as the capital of the Federal Republic of Germany § 247 special scheme for the economical and efficient use of energy section 248 special rules to the wind energy section 249 Appendix 1 (to section 2 (4), sections 2a and 4 c) Annex 2 (to section 13a para 1 sentence 2 No. 2) first chapter General urban planning law first part of planning the first section general rules section 1 task That notion and principles of planning (1) task of planning is, the structural and to prepare for other uses of the land in the municipality in accordance with this code, and to lead.
(2) plans are the land-use plan (preparatory construction guide plan) and the development plan (mandatory construction guide plan).
(3) the communities have the plans to set up, as soon as and to the extent it is necessary for the urban development and planning. On the preparation of construction plans and urban development statutes are not entitled; also a claim can not be established by treaty.
(4) the plans are to adapt the goals of spatial planning.
(5) the construction plans are intended to ensure sustainable urban development, bringing together the social, economic and environmental-protection requirements responsibility towards future generations in line, and a social-friendly land use serves the well-being of the general public. You should help to secure a decent environment, to protect the natural bases of life and to develop and maintain building cultural climate and the climate change adaptation, especially in urban development, to promote, as well as the urban form and the local and landscape and to develop. This urban development should be primarily through measures of internal development.
(6) in establishing the plans are to take into account in particular: 1 the General requirements on healthy living and working conditions and the safety of the residential and working population, 2. building the housing needs of the population, creating and maintaining socially stable resident structures, the property formation of wide sections of the population and the requirements of cost saving and population growth, 3. the social and cultural needs of the population , in particular, the needs of the families, the young, old and disabled people, preservation, renewal, development, adaptation and the conversion of existing districts as well as the conservation and development of central supply areas, 5. different impacts on women and men, as well as the interests of education and sport, leisure and recreation, 4. the concerns of the building culture, monument protection and preservation, the worthy districts, streets and squares of historical , artistic or urban meaning and the design of the city and countryside, 6 the requirements established by the churches and religious societies of under public law for worship and pastoral care, 7 the interests of environmental protection, including the protection of nature and landscape conservation, in particular: a) the effect on animals, plants, soil, water, air, climate and the causal network between them as well as the landscape and biological diversity , b) the conservation objectives and the purpose of the protection of Natura 2000 areas within the meaning of the federal nature conservation Act, c) environmental effects on man and his health as well as the population as a whole, d) environmental effects on cultural property and other material assets, e) the avoidance of emissions, as well as the proper handling of waste and wastewater, f) renewable energy sources, as well as the economical and efficient use of energy , g) the representations of landscape plans and other plans, especially the water, waste and anti-pollution law, h) the maintenance of the best possible air quality in areas where the immission limits defined by law regulation on the compliance of legal acts of the European Union are not exceeded, i) the interactions between the individual concerns of environmental protection after the letters a, c, and d, 8 issues a)
the economy, and their medium-sized structure in the interests of a consumer-focused coverage of the population, b) of agriculture and forestry, c) the conservation, protection and job creation, d) of postal and telecommunications, e) supply, in particular energy and water, including security of supply, f) securing natural resources, 9 the needs of passenger and freight transport and mobility of the population, including local public transport and non-motorised transport , considering a prevention and reduction of transport-oriented urban development, 10 issues of defence and civil protection and civilian connection use of military real estate, 11 the results of an urban development concept adopted by the municipality or of other urban planning adopted by you, 12 the concerns of flood protection, 13 issues of refugees or asylum desire ends and their accommodation.
(7) in determining the construction plans, the public and private interests are to weigh against each other and meet each other.
(8) the provisions of this code on the preparation of construction plans also apply their amending, supplementing and repealing.

§ 1a supplementary provisions for environmental protection (1) when drawing up the plans the following provisions to protect the environment shall apply.
(2) land should be dealt with sparingly and gently; the ways of developing the community in particular through rehabilitation of areas to use infill and other measures to the internal development as well as on the necessary level to limit soil sealing are to reduce the additional use of land for construction use. Agriculture, land as forest or for residential purposes dedicated to used only to the extent necessary. The principles must be considered in weighing according to § 1 paragraph 7 pursuant to sentences 1 and 2. The wear of converting agricultural or forest areas need to be established; This investigation into the possibilities of internal development should be adopted which in particular brownfield sites, building vacant, vacant and other subsequent compression possibilities could include.
(3) the prevention and the compensation of is expected to substantial impairments of the landscape as well as no. 7 are the performance and functioning of the ecosystem in its § 1 section 6 letter of a designated components (mitigation under the federal nature conservation Act) to take into account in weighing according to section 1, paragraph 7. The compensation through appropriate representations and determinations according to the sections 5 and 9 as areas or measures to compensate. As far as this is compatible with a sustainable urban development and the goals of spatial planning and nature conservation and landscape management, the representations and determinations also elsewhere than at the place of the intervention can be done. Instead of representations and determinations, contractual arrangements referred to in section 11 or other suitable measures to compensate can be taken on land provided by the municipality. Article 15, paragraph 3, of the federal nature conservation Act shall apply mutatis mutandis. Compensation is not necessary, as far as the interventions already occurred prior to the planning decision or were allowed.
(4) where an area within the meaning of § 1 para 6 letter b in its components relevant to the conservation objectives or the purpose of the protection significantly can degrade No. 7, the provisions of the federal nature conservation act on the admissibility and implementation of such procedures including obtaining the opinion of the European Commission are to apply.
(5) account should be taken through measures that combat climate change, as well as by those which serve the adaptation to climate change, the requirements of climate change. The principle is to take into account in weighing according to § 1 paragraph 7 pursuant to sentence 1.

§ Establishment of plans (1) which are plans by the community on their own responsibility to set up 2. The decision to set up a construction guide plan, is to make customary manner.
(2) the neighbouring municipalities plans are to coordinate. While communities can rely also on the functions assigned to them by the goals of spatial planning, as well as effects on their central supply areas.
(3) in determining the plans are the issues that are for the consideration of importance (balancing material), to identify and evaluate.
(4) in the interests of environmental protection according to § 1 para 6 No. 7 and § 1a performed an environmental assessment, in which the likely significant environmental effects be determined and described in an environmental report and evaluate; the Appendix 1 to this code shall apply. The municipality to sets for each construction guide plan in which scope and level of detail, the identification of issues for the consideration is required. The environmental assessment relates to what may be required according to current knowledge and generally accepted test methods, as well as content and level of detail of the construction plan reasonably. The result of the environmental assessment is taken into account in the assessment. Performed an environmental assessment for the planning area or part thereof, in a spatial planning, land use or zoning procedures, should environmental assessment in a time below or at the same time carried construction guiding plan procedure on additional or other significant environmental effects are limited. Landscape plans or other plans there are letter g No. 7 according to article 1, paragraph 6, are their inventories and assessments in the environmental assessment to be used.

paragraph 2a of the explanatory memorandum to the draft construction guide plan, environmental report the community has in the process design of the construction plan to add a rationale. In it, the objectives to present the construction plan and 2nd in the environmental report in accordance with Appendix 1 to this code that determined on the basis of the environmental assessment pursuant to § 2 para 4 and weighted regard of environmental protection purposes and significant impacts are according to the State of the procedure 1. The environmental report is a separate part of the reason.

§ 3 (1) public participation the public is possible at an early stage about the General objectives and purposes of the planning, is significantly distinct solutions that are used for the redesign or development of a territory into consideration, and the likely impacts of the planning publicly to teach; Opportunity for comment and discussion is to give. Children and young people are part of the public within the meaning of sentence 1. From the briefing and discussion may be waived, if 1 a development plan drawn up or repealed and this on the planning area and the neighbouring areas not or only marginally affects, or 2. the briefing and discussion previously done on other grounds.
The procedure joins the briefing and discussion also referred to in paragraph 2, if the discussion leads to a change of plan.
(2) the draft of the plans shall be interpreted publicly with the explanatory statement and the essential according to the municipality, existing environmental opinions for the duration of one month. Place and duration of interpretation, as well as information on what types of environmental information are available, are to introduce at least a week before customary manner; It is pointed out that statements during the display period can be dispensed not timely delivered opinions in decision-making on the construction control plan can be disregarded and, when setting up a development plan, that a request under section 47 of the administrative court procedure is inadmissible, if with him only objections are claimed by the applicant in the context of the interpretation not or belatedly asserted were , but claim can be made. The parties according to § 4 paragraph 2 are to be notified of the interpretation. The deadline the opinions will be examined; the result is to be communicated. More than 50 people have submitted observations with essentially the same content communication can be replaced thereby, allow inspection of the result of these people; the place in which the result of the test can be viewed during office hours, is to make customary manner. When presenting the plans according to article 6 or article 10, par. 2, not considered opinions with an opinion of the municipality shall be attached.

§ 4 to teach half-sentence 1 involvement of the authorities (1) which are public authorities and other carriers of public interests, their task pane can be touched by the planning according to § 3 para 1 sentence 1 and to prompt the statement in regard to the necessary extent and level of detail of the environmental assessment pursuant to § 2 para 4. This procedure joins also referred to in paragraph 2, if the statement leads to a change of plan.
(2) the Community notified the statements of the authorities and other carriers of public interests, the task pane can be touched by the planning, to the draft plan and the justification. You have to submit their comments within one month; the municipality aims to extend this deadline if there is an important reason appropriately. In the opinions the authorities and other carriers of public interests should be confined to their responsibilities; they have can be to give also information about intended or already initiated planning and other measures, as well as their temporal processing, significant for the urban development and planning of the area. They have information that are useful for the identification and evaluation of balancing material, they have this information of the municipality to provide.
(3) after completion of the procedure for establishing of the construction plan, the authorities shall inform the community, unless the them present findings implementation of the construction plan in particular unforeseen a significant adverse impact on the environment has.

§ 4a common rules on participation (1) the provisions on the public and agency involvement serve in particular the full determination and true assessment of the interests affected by planning and public information.
(2) the information can according to § 3 para 1 together with the information pursuant to § 4 para 1, the interpretation can be performed at the same time according to § 3 para 2 with obtaining the opinions pursuant to article 4 paragraph 2.
(3) the draft of the construction plan is amended according to the procedure according to § 3 par. 2 or § 4 paragraph 2 or supplemented, he is once again to be interpreted and are the statements to catch up again. While it can be determined that opinions only on the changed or amended parts can be emitted; This is noted in the renewed notice according to § 3, paragraph 2, sentence 2. The duration of the interpretation and the deadline for the opinion can be shortened appropriately. The broad of planning are not affected by the change or addition of the draft of the construction plan, the gathering of opinions can be limited to the public affected by the amendment or supplement as well as the contact with the authorities and other carriers of public interests.
(4) for the public and agency involvement in addition electronic information technologies can be used. As far as the community is the design of the construction plan and the justification in the Internet, the statements of the authorities and other carriers of public interests can be obtained through communication by location and duration of the public interpretation according to § 3 par. 2 and the Internet address; Communication can be done by way of electronic communication as far as the recipient for this has opened an access. The municipality has to submit a draft of the construction plan and the ground half-sentence 1 of the authority or the other carriers of public interests on his request in the application of sentence 2; Section 4, paragraph 2, sentence 2 shall remain unaffected.
(5) in the case of construction plans, which can have a significant impact on neighbouring countries, municipalities and authorities of the neighboring state are to teach according to the principles of reciprocity and equivalence. By way of derogation from sentence 1 is construction plans, which may have significant environmental effects to another State according to the regulations of the law on environmental impact assessment to participate in it; for the opinions of the public and authorities of the other State, including the legal consequences of in a timely manner given opinions, are contrary to the provisions of the Act on environmental impact assessment to apply according to the rules of this code. A cross-border participation is required, when building plans pursuant to sentence 2 is to indicate this in the notice according to § 3, paragraph 2, sentence 2.
(6) opinions, which are not submitted in the procedure of public and agency involvement can disregarded in the decisions on the construction control plan provided that the municipality did not know their contents and should not need to know and their contents for the legality of the construction plan not of importance is. Sentence 1 applies to opinions given in the public participation only when in the contract notice according to § 3 para 2 sentence 2 to the public participation is been pointed out.

§ 4 b intervention of a third party the municipality may in particular to accelerate the key plan process of of construction of the preparation and execution of process steps according to the § 2a-4a a third party transfer. It can transmit a third party also to conduct a mediation or other process of out-of-court dispute resolution.

§ 4c monitoring the communities to monitor the significant environmental effects which occur due to the implementation of the plans, to identify in particular unforeseen adverse effects at an early stage and to be able to appropriate measures to remedy take. You take advantage of this environmental report referred to in point 3 point (b) of Appendix 1 to this code specified monitoring measures and the information of the authorities according to § 4 para 3 second section preparatory construction guidance plan (zoning) § 5 is content of the land use plan (1) In the land-use plan to represent the whole municipal area the type of land use resulting from the intended urban development according to the foreseeable needs of the community in the broad. From the land-use plan areas and other representations can be excluded, if this to be displayed pursuant to sentence 1 broad will not be touched and the municipality intends to make the presentation at a later date; the reasons for this must be described in the explanatory memorandum.
(2) in the land-use plan can be represented in particular: 1. the land earmarked for the development according the general nature of its structural use (space), the special kind of structural use (land) and the General degree of structural use. Construction areas, for which a central sewage disposal is not provided, must be marked;
2. the facilities of the municipal area a) with facilities and buildings used by facilities to supply with goods and services of public and private sector, in particular with the public serving structures and facilities of community needs, like schools and churches and other ecclesiastical, social, health and cultural purposes, as well as areas for sports and game equipment, b) with equipment, facilities and other measures , which counteract climate change, in particular to the Central and decentralised generation, distribution, use or storage of electricity, heat or cooling from renewable energy or combined heat and power, c) with equipment, facilities and other measures aimed at adapting to climate change, d) with central supply areas;
3. the areas for the supra-local traffic and the local main trains;
4. the areas for equipment supply, waste disposal and waste water disposal, deposits and for supply - and main sewer;
5. the green spaces, such as parks, time allotments, sports, game, tent - and bathing areas, cemeteries;
6. the land use restrictions or precautions to protect against harmful environmental impacts within the meaning of the Federal Immission Control Act;
7. the water areas, ports and the flats provided for the water sector and the areas that must be kept clear are in the interest of flood control and regulation of water runoff;
8. the areas for landfills, archs, or for the extraction of rocks, soils and other natural resources;
9. a) the land for agriculture, and b) forest;
10. the areas for measures for the protection, care and development of soil, nature and landscape.
(2a) land compensation in the meaning of § 1a paragraph 3 within the scope of the land-use plan can be associated fully or partially the areas where interventions in nature and landscape are expected.
(2B) for the purposes of § 35 paragraph 3 sentence 3 can be; set up factual land use planning of part of It can be raised also for parts of the municipal area.
(3) in the zoning plan should be marked: 1 land, in whose development special structural safeguards against external influences or where special structural safeguards against forces of nature are required;
2. surfaces, under which the mining goes to or intended for the removal of minerals;
3. for structural uses surfaces, their flooring are considerably contaminated with hazardous substances.
(4) planning and other usage rules, which are set by other statutory provisions, as well as national law listed majorities of structures should be taken over informed. Such determinations in views are taken, they should be noted in the land use plan.
(4a) fixed flood areas within the meaning of article 76 paragraph 2 of the water resources Act to apply informed. Still not fixed flood areas within the meaning of section 76, paragraph 3 of the water resources Act, as well as risk areas within the meaning of § 73 paragraph certain 1 sentence 1 of the water management act areas should be noted in the land use plan.
(5) justification with the information is according to § 2a the land use plan to add.

§ 6 approval of the land use plan (1) the land use plan requires the approval of the higher administrative authority.
(2) the approval may be refused only when the land use plan is not correctly have come or the book of this law, the adopted on the basis of this code or is contrary to regulations.
(3) to grounds not be dispelled, the higher administrative authority can take spatial or factual parts of the land use plan for approval.
(4) on the approval is within three months to decide; the higher administrative authority can approve first of all spatial and functional parts of the land use plan. Important reasons can be extended the deadline at the request of the approval authority of the parent authority, usually only up to three months. The municipality is to put the extension in knowledge. The approval is considered to have been granted, if it is not refused within the period, giving reasons.
(5) the approval is to make customary manner. With the announcement, the land use plan takes effect. It is a statement in summary form to accompany how environmental concerns and the results of public and agency participation in the land use plan were taken into account, and for whatever reason, the plan was chosen after consideration with the audited eligible otherwise planning possibilities about the way. Anyone can see the land use plan, the explanatory statement and the summary statement and ask about their contents.
(6) with the decision on a modification or addition to the land use plan, the municipality can also determine that the land use plan in the version he has learned through the change or addition is newly known to make.

§ 7 adaptation to the land use plan public planning institutions are been involved according to § 4 or § 13, have to adjust their plans as far as the land use plan as they have not objected to this plan. The contradiction is to insert up to the decision of the community. A change of the situation requires a different design, they have to put up immediately with the community in the consultation. An agreement between the municipality and the public support of planning cannot be achieved, the public planning institutions can contradict later. The contradiction is only allowed if issues asserted for the different planning not only marginally outweigh the urban concerns arising from the land use plan. In the case of a different planning is to apply section 37 paragraph 3 by the modification or addition to the land use plan or a development plan which has been developed from the land-use plan and changed, supplemented or had to be lifted, arising expenses and cost according to; Section 38 clause 3 shall remain unaffected.
Third section of binding construction guidance plan (zoning) § 8 purpose of the zoning plan (1) the development plan includes the legally binding determinations for urban planning. It provides the basis for further measures required for the enforcement of this code.
(2) building plans are to develop from the land use plan. A land use plan is not required, if the development plan is sufficient to organize the urban development.
(3) with the installation, modification, addition or repeal a development plan at the same time also the land use plan can be set up, changed or supplemented (parallel processes). The development plan can be published prior to the land use plan, if to assume after the progress of planning work is that the zoning from the future representations of the land use plan will be developed.
(4) a development plan can be set up, modified, supplemented or lifted, before the land use plan is set up, if urgent reasons require it, and if the development plan of intended urban development of the area will not preclude (premature development plan). A land use plan applies to area - or inventory changes by municipalities or other changes in the responsibility for the development of land use plans, early development plans can be also, before the land use plan supplemented or changed.

§ 9 contents of the zoning plan (1) In the development plan can be set for urban development reasons: 1. the nature and the degree of structural use.
2. the construction, the überbaubaren, and the not überbaubaren land, as well as the position of structures;
2A. by the building regulations different measurements of the depth of the spacing area;
3. for the size, breadth and depth of the building plots at least and reasons of economical and efficient dealing with land for housing plots also mass;
4. the space for auxiliary equipment that is required on the basis of other legislation for the use of land, play, leisure and recreation areas and areas for parking and garages with their entrances;
5. the areas for common use as well as for sports and game equipment;
6. the maximum number of apartments in residential use.
7. the surfaces on which wholly or partly only residential buildings, which could be promoted by means of promoting social housing built may be;
8 individual surfaces, on which wholly or partly only residential buildings built may be, that are designed for groups of people with special housing needs;
9. the special use of land;
10. the areas that to keep are from the buildings, and their use;
11 the road surfaces and traffic areas of special purpose, such as pedestrian zones, areas for the parking of vehicles, areas for the parking of bicycles, as well as the connection of other areas on the traffic areas; the surfaces can be set as public or private areas.
12. the supply planes, including the land for plants and equipment for the Central and decentralised generation, distribution, use or storage of electricity, heat or cooling from renewable energy or combined heat and power;
13. the management of above-ground or underground supply equipment and cables;
14. the land for the waste and sewage disposal, including retention and infiltration of rainwater, as well as for deposits;
15. the public and private green spaces, such as parks, time allotments, sports, game, tent - and bathing areas, cemeteries;
16. the water surfaces and surfaces for water management, flood protection and for regulating runoff;
17. the land for landfills, archs, or for the extraction of rocks, soils and other natural resources;
18 a) the land for agriculture, and b) forest;
19. the land for the construction of plants for keeping small animals such as exhibition and breeding facilities, kennel, pairing and the like;
20. the areas or measures for the protection, care and development of soil, nature and landscape.
21 it with walking, driving and management rights for the benefit of the general public, a development carrier or a limited group of people to stressful areas;
22. the land for community facilities for certain spatial areas such as children's playgrounds, leisure facilities, parking spaces and garages;
23 areas where a) not intended for protection against adverse environmental impacts in the meaning of the Federal Immission Control Act air pollutants or only limited uses, b) in the construction of buildings or certain other structures construction-related and other specific technical measures for the production, use or storage of electricity, heat or cooling from renewable energy or combined heat and power be taken;
24 to be followed freely by the building protection areas and their use, the areas for special equipment and precautions to protect against adverse environmental impacts and other hazards within the meaning of the Federal Immission Control Act as well as the building to be taken to protect against such impacts or to the prevention or mitigation of such impacts and other technical measures;
25 for individual areas or for a development plan area or parts thereof, as well as for structural parts with the exception of the surfaces of a fixed for agricultural use or forest) the planting of trees, shrubs and other plantings, b) bindings for planting and conservation of trees, shrubs and other plantings, as well as by waters;
26. the areas for landfills, archs and retaining walls, as far as they are necessary for the production of the road body.
(1a) surfaces or measures to compensate in the meaning of § 1a para 3 may on the land, on which interventions in nature and landscape are expected, or elsewhere in any other area of the development plan, as well as in another development plan are set. The areas or measures to compensate elsewhere can be associated wholly or in part the land on which interventions are to be expected; the same applies to measures on land provided by the municipality.
(2) in the land-use plan can be set in specific cases, that certain of him established structural and other uses and facilities only 1 for a certain period of time allowed, or 2.
before the onset of certain circumstances are allowed or not allowed. The reuse is to be set.
(2a) for constituent (section 34) constructed in connection can be that only certain types of permissible under article 34, paragraph 1 and 2 structural uses are allowed or not allowed or can; be approved only in exceptional cases set to the conservation or development of central supply areas, also in the interest of a consumer-focused supply of the population and the internal development of communities in a development plan, the determinations can be made different parts of the territorial scope of the development plan. This is to take into account in particular an urban development concept this related in the sense of § 1 para 6 No. 11, the statements about the unsustainable or developing central supply areas to the municipality or a part contains. In unsustainable or to developing central supply areas, the planning law conditions for projects that serve these supply areas, present or through a development plan, whose lineup is formally initiated according to article 30 or article 34, should be provided.
(2B) for constituent (section 34) constructed in connection can in a development plan for parts of the territorial scope of the development plan, be fixed, that places of entertainment or certain types of entertainment venues are allowed or not allowed or permitted only in exceptional circumstances can be 1 a drawback of residential use or other vulnerable facilities such as churches, schools and nurseries, or 2. the resulting from the use of existing urban development function of the area affected , to prevent in particular by an urban adverse accumulation of entertainment.
(3) if determinations referred to in paragraph 1, also the altitude can be determined. Determinations can be made separately under paragraph 1 for superimposed levels and layers, and other parts of physical structures; the same applies as far as projectiles, levels and other parts of physical structures below the ground surface.
(4) the countries can determine through legislation that on land rights based rules can be included in the development plan as determinations and to what extent these determinations for the regulations of this code application.
(5) in the development plan should be marked: 1 land, in whose development special structural safeguards against external influences or where special structural safeguards against forces of nature are required;
2. surfaces, under which the mining goes to or intended for the removal of minerals;
3. areas, their flooring are considerably contaminated with hazardous substances.
(6) under other legal provisions made determinations, municipal regulations to the connection and use coercion, as well as monuments under State law to apply informed in the development plan, insofar as they are necessary or advisable to his understanding or for the urban evaluation of building applications.
(6a) fixed flood areas within the meaning of article 76 paragraph 2 of the water resources Act to apply informed. Still not fixed flood areas within the meaning of section 76, paragraph 3 of the water resources Act, as well as risk areas within the meaning of § 73 paragraph certain 1 sentence 1 of the water management act areas should be noted in the development plan.
(7) the development plan shall determine the limits of its territorial scope.
(8) justification the information is the zoning according to § 2a attach.

§ 9a regulation empowering the Federal Ministry for transport, building and urban development is authorized to legislate about 1 representations and determinations in the construction plans of a with the consent of the Federal Council by regulation) the type of building use, b) the degree of structural use and its calculation, c) the construction as well as the überbaubaren and the überbaubaren not land;
2. permitted in the areas of building construction and other equipment;
3. the admissibility of the determination in accordance with section 9 subsection 3 different building areas or various permissible in the areas of building construction and other equipment;
4. the elaboration of plans including the documentation, as well as the presentation of the contents of the plan, in particular over the plan drawing to be used and their meaning.

§ 10 decision, approval and entry into force of the zoning plan (1) the community decides the zoning as a statute.
(2) zoning according to § 8 para 2 sentence 2, para 3 sentence 2 and paragraph 4 shall require the approval of the higher administrative authority. § 6 par. 2 and 4 shall apply accordingly.
(3) the granting of approval or, if a permit is not required, the decision of the development plan by the municipality is customary manner to make. The zoning is to provide pursuant to paragraph 4 to everyone's insight with the explanatory statement and the summary declaration; the content is to provide information on request. In the notice, it is pointed out where the development plan can be viewed. With the announcement, the development plan enters into force. The announcement takes the place of the publication prescribed otherwise for statutes.
(4) the development plan is a summary declaration, attached on the manner to how environmental concerns and the results of public and agency involvement in the development plan were taken into account, and for whatever reason, the plan was chosen after consideration with the audited eligible otherwise planning possibilities.
Fourth section collaboration with private; urban planning (1) which can municipality urban contracts contract simplified procedure of article 11. Objects of an urban development agreement can in particular be: 1 the preparation or implementation of urban development measures by the contractor at his own expense; These include also the reorganisation of land relations, the soil remediation and other preparatory measures, the markets under federal or state law contribution-eligible and ineligible contribution development systems, as well as the preparation of urban development plans and, if necessary, of the environmental report; the responsibility of the municipality for the statutory planning process remains unaffected;
2. promoting and securing the objectives of the urban land use planning, in particular land use, also with respect to a term or condition, the implementation of compensation in the meaning of Article 1a, paragraph 3, taking account of building cultural considerations, cover the housing needs of population groups with specific housing supply problems, as well as the residential needs of the local population;
3. the acquisition costs or other expenses, which the community for urban measures arise or have arisen and which are condition or result of the proposed project; This includes also the provision of land;
4. According to the urban planning and measures objectives and purposes pursued the establishment and use of plants and equipment for the Central and decentralised generation, distribution, use or storage of electricity, heat or cooling from renewable energy or combined heat and power;
5. According to the urban planning and measures, goals and purposes pursued the requests of the energetic quality of buildings.
The community may conclude with a legal person urban treaties in which she participates.
(2) the agreed services must be appropriate to the overall circumstances. The agreement of a performance to be provided by the Contracting Party is not permitted, if he had a claim on the return without them. Carries or takes over the contract partner costs or other expenses, is not required for a self-financing by the community without prejudice to of sentence 1.
(3) an urban contract if in writing, unless another form is prescribed by legislation.
(4) the admissibility of other urban treaties shall remain unaffected.

Through a project-related land-use plan, the admissibility of projects determine § 12 projects - and development plan (1) that can commune, if he is willing and capable of project proponents on the basis of a plan agreed with the municipality to carry out the projects and the development of measures (projects - and development plan) and committed themselves to carry out within a certain period of time and be ordered to pay the planning and development costs wholly or partly before the decision according to § 10 para 1 (implementation contract). The rationale of the draft of the plan must contain the information required by section 2a. For the cross-border participation is a translation of the information, as far as this is necessary according to the provisions of the Act on environmental impact assessment. Pursuant to sentence 1 the provisions of paragraphs 2 to 6 (2) which has municipality to decide discretion over zoning proceedings at the request of the carrier of the project shall also apply for the project-related land-use plan. At the request of the project holder or if the community considers it after introduction of the zoning process, the Community shall inform the latter about the expected required scope of the environmental assessment pursuant to § 2 para 4 with the participation of the authorities pursuant to § 4 para 1.
(3) the project and development plan is part of the project-related development plan. In the area of project and development plan the community in determining the admissibility of projects not on the determinations pursuant to § 9 and the regulation adopted on the basis of section 9a is bound; the sections 14 to 18, 22-28, 39 to 79, 127-135 c are not to apply. As far as the project-related development plan in the area of project and development plan meets determinations pursuant to § 9 for public purposes, no. 1 can be expropriated in accordance with article 85, paragraph 1.
(3a) is a building in a project-related development plan for the area of the project and development plan by fixing a building area on the basis of the building Ordinance or in any other manner or other use is generally set to corresponding application of § 9 para 2, set that in the context of established uses only such projects are allowed, committed to implementing the project proponents in the implementation contract. Changes to the implementation agreement or a new implementing agreement are permitted.
(4) individual areas outside the scope of the project and development plan can be included in the project-related land-use plan.
(5) a change of the carrier of the project requires the approval of the municipality. Consent may only be withheld if the facts justify the assumption that the implementation of the project and development plan is compromised within the time limit referred to in paragraph 1.
(6) if the projects - and development plan not carried out within the time limit referred to in paragraph 1, the community is to pick up the zoning. Claims of the projects support against the municipality can be asserted from overturning. The simplified procedure can be applied in the lifting according to § 13.

§ 13 are simplified procedure (1) the amendment or supplement a construction plan does not affect the broad of planning or will apply through the establishment of a development plan in a region according to § 34 which resulting scale of admissibility is not changed from the existing nature of the surrounding area or contains only determinations pursuant to § 9 paragraph 2a or paragraph 2 (b), may the community of the simplified procedure , if 1 not prepared the admissibility of projects which are subject to an obligation to carry out an environmental impact assessment according to annex 1 to the law on environmental impact assessment or national law, or is justified and 2 no evidence of impairment of § 1 section 6 No. 7 letter of b above protection exist in.
(2) under the simplified procedure may 1 by the early briefing and discussion after article 3, paragraph 1 and article 4, paragraph 1 be, 2. the public concerned given the opportunity to comment within a reasonable period of time or optionally the design performed according to § 3 para 2, be 3. opportunity to comment given the contact with the authorities and other carriers of public interests within reasonable period of time or optional participation carried out pursuant to article 4 paragraph 2.
Pursuant to sentence 1 No. 2 the public concerned involved, the obligations of section 3 para 2 sentence 2 applies half-sentence 2 according to.
(3) under the simplified procedure is apart from the environmental assessment pursuant to § 2 para 4, of the environmental report in accordance with § 2a, according to § 3 para 2 sentence 2, specify what types of environmental information are available, as well as the summary declaration according to § 6, paragraph 5, sentence 3 and § 10 section 4; section 4c is not applicable. Participation referred to in paragraph 2, no. 2 is to point out that is apart from an environmental assessment.

§ 13a zoning of inner development (1) a development plan for the rehabilitation of land, the infill or other measures of inner development (zoning of internal development) can be placed in the accelerated procedure. The development plan must be only in the accelerated procedure, if it a permissible floor space within the meaning of section 19 para 2 of the building Ordinance or a size of the base area shall be determined by total 1 less than 20 000 square meters, with the land of several development plans, which are situated in a narrow factual, spatial and temporal context, counting, or 2. 20 000 square meters to less than 70 000 square meters , if on the basis of a preliminary examination, taking into account the criteria referred to in annex 2 of this Act, the assessment obtained that the development plan has probably no significant environmental impact, according to § 2 para 4 sentence 4 in balancing would be taken into account (preliminary examination of the case); the authorities and other carriers of public interests, whose areas of responsibility can be touched by the planning, are to participate in the preliminary examination of the case.
Is in a development plan an allowed area nor a size of the base set, the surface is determined by application of the rate of 2, which is expected to be sealed in implementation of the development plan. The accelerated procedure is excluded, if by the zoning, the admissibility is founded by projects, which are subject to an obligation to carry out an environmental impact assessment according to the law on environmental impact assessment, or according to national law. The accelerated procedure is also excluded, evidence for an impairment letter of b above protection pass no. 7 in section 1 para 6.
(2) in the accelerated procedure 1, the provisions of the simplified procedure referred to in § 13 para 2 and 3 sentence 1 according to;
2. a development plan, which differs from representations of the land use plan, it is possible to also, before the land use plan is amended or supplemented; the orderly urban development of the area must not be impaired; the land use plan is to adapt by way of a correction;
3 are a need for investment taken into account to to maintain, backup and creation of jobs and the supply of the population with living space or to the realization of infrastructure projects in the consideration in an appropriate manner;
4. apply in the cases of paragraph 1 sentence 2 No. 1 interventions are expected as in the sense of § 1a para 3 sentence 6 prior to the planning decision is made or permitted on the basis of the development plan.
(3) in the case of a development plan in the accelerated procedure is make object known to 1 that the development plan in the fast-track procedure without carrying out an environmental assessment should be provided according to § 2 para 4, in the cases of paragraph 1 sentence 2 No. 2 including this essential reasons, and 2 where is the public about the objectives and purposes, as well as the significant effects of planning can teach and that the public can express within a certain planning period , if no early notification and discussion in the sense of § 3 para 1 takes place.
The announcement pursuant to sentence 1 can be combined with the customary notice according to § 2 para 1 sentence 2. In the cases of paragraph 1 sentence 2 No. 2 takes place the announcement pursuant to sentence 1 after completion of the preliminary examination of the case.
(4) paragraphs 1 to 3 shall apply mutatis mutandis for the modification and completion of a development plan.
Second part is securing the urban land use planning first section change lock and reset of building applications § 14 change lock (1) a decision on envisaged the establishment of a land development plan, the municipality for securing of planning for the future plan area may decide a change lock with the contents; 1 project in the sense of § 29 not carried or structural equipment not removed that
2. substantial or essential value-enhancing changes of land and structures, whose Veränderungen are not approval, consensus - or a notifiable disease, must not be carried out.
(2) if vast public concerns do not preclude an exception may be approved by the change lock. The decision on exceptions will be the Building Authority in consultation with the community.
(3) projects that have been approved prior to the entry into force of the modification lock:, projects, of which the municipality gained knowledge in accordance with the building regulations law and with their execution before the entry into force of the modification lock may be continued, as well as maintenance and the continuation of a previously exercised use are not affected by the change lock.
(4) as far as for projects in the formally defined redevelopment area or in the urban development area, a permit obligation according to article 144, paragraph 1, the provisions on the change lock are not applicable.

Article 15 deferment of building applications
(1) If a change lock not decided according to § 14, although the conditions exist, or is a decided change lock still not entered into force, the construction authority at the request of the municipality has to suspend the decision on the admissibility of projects in individual cases for a period up to twelve months if it is to be feared, that carry out the planning would be made impossible or substantially more difficult project. Is no building permit procedure is performed, a provisional prohibition is pronounced at the request of the municipality where the suspension of the decision on admissibility within a time limit set by State law. The provisional ban is equivalent to the previous position pursuant to sentence 1.
(2) as far as for projects in the formally defined redevelopment area or in the urban development area, a permit obligation according to article 144, paragraph 1, are the rules concerning the deferral of building applications do not apply; with the formal establishment of the remediation area or urban development area, a decision on the deferral of the construction application is cancelled pursuant to paragraph 1.
(3) at the request of the municipality, the Building Authority has the decision on the admissibility of projects according to article 35, paragraph 1 No. 2 to 6 for a period of time to suspend a year after delivery of the deferral of the construction application up to maximum, if the community has decided to prepare a land use plan, modify, or supplement, the legal effect of section 35 para 3 sentence 3 are to be achieved with the , and fear is, that carry out the planning would be made impossible or substantially more difficult project. To that period, the time between the receipt of the construction application to the competent authority is to delivery of the deferral of the construction application not to count, as far as the period for the processing of the construction application is required. The application of the municipality pursuant to sentence 1 is allowed only within six months after the community in an administrative procedure has formally received knowledge of the construction project. If special circumstances so require, the construction authority at the request of the community may suspend the decision pursuant to sentence 1 by not more than one year.

§ 16 decision on the change lock (1) the change lock is decided by the community as a statute.
(2) the municipality has known object to make the change lock. She may also customary manner disclose a change lock; adopted § 10 para 3 sentence 2 to 5 shall apply accordingly.

Article 17 duration of change lock (1) the change lock occurs after two years out of power. On the two-year period is since the delivery of the first shelve of the construction application pursuant to § 15 para 1 to calculate elapsed time. The community can extend the period by one year.
(2) if special circumstances so require, the municipality can again extend the period by a further year.
(3) the municipality may decide a change lock override which came wholly or partly again if the conditions continue to exist for their adoption.
(4) the change block is wholly or partly to override, as soon as the conditions have lapsed for their adoption before the end of the period.
(5) the change lock occurs in any case override, as soon as and to the extent the urban land use planning is legally completed.
(6) with the formal establishment of the remediation area or urban development area, an existing change lock occurs according to § 14 override. This does not apply if the restructuring Statute, the permit requirement is excluded pursuant to section 144 subsection 1.

§ 18 compensation change lock (1) takes the change lock longer than four years after the date of its commencement or compensation in money is the first shelve of the construction application according to § 15 para 1, the affected assets disadvantages resulting to make. The rules on compensation in the second section of the fifth part and section 121 shall apply mutatis mutandis; This is the land value to use, which would compensate according to the provisions of the second section of the third part.
(2) to the compensation, the community is required. The Indemnitee may demand compensation if you have entered set in paragraph 1 1 designated financial disadvantages. He can bring the due date of the claim as a result that he requested the performance of compensation in writing when the liable. Not concluded an agreement on compensation, the higher administrative authority decides. Article 122 shall apply for the decision on the fixing of compensation accordingly.
(3) on the termination of the right to compensation, section 44 (4) subject to the proviso shall apply when a change lock, which has the backup of a fixing according to article 40, paragraph 1 or article 41, paragraph 1 to the subject-matter, begins at the earliest the Erlöschensfrist from the legally binding nature of the development plan. In the notice according to § 16 para 2 on the provisions of paragraph 2, sentence 2 and 3 is noted.
Second section Division of land; Division of land (1) the Division of a parcel of land areas with tourist functions section 19 which is the land registry to specified or otherwise made visible Declaration of the owner, that a part of the plot should be depreciated basic buchmäßig and registered as independent or as a plot together with other land or parts of other land.
(2) no conditions may not be by the Division of a parcel of land within the scope of a development plan, which run counter to the determinations of the development plan.

Article 20 (dropped out) (dropped out) securing areas with tourist functions (1) which are marked, municipalities or their parts mainly through tourism can § 21 § 22 in a development plan or an other statutes to determine that for securing the purpose of areas with tourist functions the establishment or Division of property or part of property (§ 1 of the condominium Act) are subject to the approval. This applies accordingly to the rights referred to in articles 30 and 31 of the condominium Act. The provision requires that the existing or intended purpose of the area for tourism and as a result the orderly urban development can be affected by the establishment or Division of rights. The purpose of an area for tourism is in particular to assume areas for the foreigners lodging, weekend and holiday home areas, which are set forth in the development plan, and hamlets built in connection, whose Eigenart corresponds to such areas, and in other areas of tourism functions, which are characterized by collective accommodation establishments and dwellings with strangers accommodation in Spa areas.
(2) the municipality has known object to make the Statute. She can make the notice also in corresponding application of § 10 para 3 sentence 2 to 5. The municipality tells the decision on the Statute, the date of its entry into force, as well as the exact designation of the affected land the land registry office in time before its publication. The exact designation of the affected land may be waived if the entire municipal area is affected and the Community shall inform the land registry office.
(3) (dropped out) (4) the approval may be refused only, if the establishment or Division of rights affects the intended use of the area for tourism and as a result the urban development and planning. The approval shall be granted if it is required, so that demands can be fulfilled by third parties, entered a flag in the land for whose assurance before the renewal of the reservation of approval or the request; entered on registration of a flag at the land registry office the approval may be requested also by the third party. The approval may be granted to avoid economic disadvantages, which amounts to a special hardship for the owner.
(5) the Building Authority in consultation decides the approval with the municipality. The approval is to decide within one month after receipt of the application for the building permit authority. The examination of the application not be completed at this time, is the period prior to expiration in one period to extend the applicant intermediate communicated to, which is necessary in order to complete the examination. but not more than three months. The approval is considered to have been granted, if it is not refused within the period. Moreover the construction authority at the request of one of the parties has to issue a certificate. The agreement is considered to have been granted if it is denied within two months after receipt of the request of the approval authority. the filing of the application for the community is equal the request to the community, if it is required under State law.
(6) in the case of a plot located in the scope of a statute referred to in paragraph 1, the land registry may make only the entries in the land register covered by paragraph 1, if the permit or certificate in accordance with paragraph 5 sentence 5 is submitted or if the exemption decision of the Community referred to in paragraph 8 in the land registry has entered into. Is still an entry in the land register made, the Building Authority may request, if the authorization was required, the land registry to register an objection; Article 53, paragraph 1, the land registry regulations shall remain unaffected. The contradiction is to delete, if the Building Authority so requested or the approval is granted.
(7) if the authorisation fails, the owner of the community under the conditions of § 40 paragraph 2 may require the acquisition of land. Article 43, paragraph 1, 4 and 5 and article 44, par. 3 and 4 shall apply accordingly.
(8) the community has to revoke the approval or individual plots to indemnify in individual cases by declaration to the owner of the authorisation, if the conditions for the authorisation are accounts for. The Community shall inform the land registry the lifting of the reservation of approval as well as the exact designation of the land affected. The exact name may be waived if the entire municipal area is affected and the Community shall inform the land registry office. Once the notification of the lifting of the reservation of approval at the land registry office is received, paragraph 6 is no longer to apply rate 1.
(9) in the other articles referred to in paragraph 1 the maximum number of apartments in residential buildings can be fixed in addition to the determination of the reservation of approval No. 6 in accordance with § 9 para 1. Before determining pursuant to sentence 1 opportunity to comment is the public concerned and the contact with the authorities and other carriers of public interests within reasonable period of time to give.
(10) justification to add is the other articles referred to in paragraph 1. In the explanatory memorandum to the zoning (§ 9 para 8) or to the other articles is to explain that the set be 3 designated prerequisites for the establishment of the area in paragraph 1.

section 23 (dropped out) third section statutory pre-emption rights of the community article 24 General right of first refusal (1) the community is a right of first refusal to buy land 1 within the scope of a development plan, insofar as to surfaces, for which according to the development plan a use for public purposes or for surfaces or measures to compensate in the meaning of § 1a para 3 is set, 2 in an assignment area , 3. a formally defined redevelopment area and urban development area, 4th in the scope of a statute for the assurance of implementing measures of urban restructuring and a preservation Statute, 5. within the scope of a land use plan, insofar as to areas of undeveloped land in the outer area, for which the land use plan is a use as a residential area or residential area, 6 in areas which according to § 30, 33 or 34 built 2 mainly with residential buildings can be , as far as the lots are undeveloped, and 7 areas, to leave that for the purpose of preventive flood protection of buildings are especially in flooded areas.
In the case of the number 1, the right of first refusal can be already exercised after the start of public comment if the community has adopted a decision to set up a development plan, change or supplement. In the case of the number 5, the right of first refusal can already be exercised if the community focus and object known has made a decision, to prepare a land use plan, to change or to add and when to accept after the progress of planning work is that the future land use plan will represent such use.
(2) the right of pre-emption is the municipality not to purchase rights to the apartment ownership Act, leases.
(3) the right of pre-emption may be exercised only when the common of good justifies it. When exercising the right of first refusal, the community has to specify the intended use of the land.

Article 25 special right of first refusal (1) the municipality may 1 in the scope of a development plan by articles of Association establish their right of first refusal on undeveloped land;
2. in areas where she draws urban development measures, to ensure an orderly urban development by statute refer to surfaces, on which a right of first refusal of the land is.
To the Statute is to apply section 16 paragraph 2 accordingly.
(2) section 24 para 2 and 3 is set 1 to apply. The purpose of the site is to specify if this is already possible at the time of exercising the right of first refusal.

Section 26 exclusion of pre-emption rights the exercise of the right of pre-emption is excluded, if 1 the owner sold the land to his spouse or a person who is related to or related by marriage or related in collateral line up to the third degree with him in a straight line, 2. the plot a) by a public agencies for purposes of national defence, the Federal Police, the customs administration, the police or the civil protection or b) of churches and religious societies of under public law for purposes of worship or pastoral care
bought 3 on the real estate projects to be built for a procedure in section 38 has been initiated or carried out, or 4 the land according to the determinations of the development plan or the goals and purposes of the urban action is built up and used and a monumental complex built on it, no irregularities or deficiencies in the sense of article 177, paragraph 2 and 3 sentence 1 has.

Section 27 can avert the exercise of the right of first refusal to avert (1) the buyer's right of first refusal if the use of the property after the building regulations or the objectives and purposes of the urban action determined or is determinable with sufficient security, buyer able is accordingly to take advantage of the property within a reasonable period of time, and he committed before the deadline according to § 28 para 2 sentence 1. Has irregularities or deficiencies in the sense article 177, paragraph 2 and 3 sentence 1 a monumental complex located on the property, the buyer can avert the exercise of the right of first refusal if he can eliminate these abuses or defects within a reasonable period of time and he committed before the deadline according to § 28 para 2 sentence 1 to eliminate. The municipality has to extend the time limit under section 28 subsection 2 sentence 1 on request of the buyer for two months, when the buyer before expiration of such period makes credible that he is able to meet the requirements mentioned in clause 1 or 2.
(2) a right of avoidance does not 1 in the cases of § 24 para 1 sentence 1 Nos. 1 and 2 in an assignment area, if the land is required for purposes of apportionment (§ 45).

§ 27a exercise of the pre-emption right in favour of third parties (1) that can commune 1 their right of first refusal in favour of a third party exercise, if the third party is of the land use intended with the right of first refusal within reasonable period of time in the position and, commits, or 2. the her according to § 24 para 1 sentence 1 No. 1 related to right of first refusal in favour of a public demand or developing carrier, as well as the their standing to no. 3 after section 24 subsection 1 sentence 1 right of first refusal in favour of rehabilitation or development agency exercise if the carrier agrees.
In the cases of the number 1, the community in the exercise of the right of first refusal in favour of a third party has the period where to use the land for its intended purpose is to call.
(2) with the right of first refusal, concluded the purchase agreement between the beneficiary and the seller. The municipality is liable for the obligation under the contract of sale in addition to the beneficiary as Gesamtschuldnerin.
(3) § 28 para 2 to 4 of the amount to be paid by the beneficiary and the procedure shall apply accordingly. The beneficiaries meet sentence 1 number 1 not his obligation pursuant to paragraph 1, the community in corresponding application of § 102 should require the transfer of the land to their benefit or for the benefit of a willing to take over which is within reasonable period of time in the position to the realization of the purpose and committed themselves to do this. The provisions of the fifth part about the rear expropriation shall apply for the compensation and the procedure. The liability of the community according to § 28 para 3 sentence 7 shall remain unaffected.

§ 28 has technique and compensation (1) the seller inform the content of the contract of the community; the communication of the seller is replaced by notification of the buyer. The land registry may only enter the buyer as the owner in the land registry purchase contracts, if non-exercise or the non-existence of the right of pre-emption is assigned to him. A right of first refusal does not exist or it is not exercised the community at the request of one of the parties in has to issue a certificate immediately. The certificate is valid as a waiver of the right of first refusal.
(2) the right of pre-emption may be exercised only within two months of notification of the purchase contract by administrative act towards the seller. The § § 463, 464 para 2, § are § 465-468 and 471 of the Civil Code apply. After notification of the purchase agreement, a flag in the land register is at the request of the municipality for securing their right to transfer ownership of the land to enter; the community bears the cost of the flag and its deletion entry. The right of pre-emption is not transferable. A property purchase on the basis of the exercise of the right of first refusal right contractual pre-emption rights null and void. Is entered the municipality after exercise of the pre-emption right in the land register as the owner, she may request the land registry to secure the ownership claim of the buyer in the land register registered flag to delete one; She may just make the request if the exercise of the right of first refusal for the buyer is incontestable.
(3) by way of derogation from paragraph 2 sentence 2 can the municipality the amount to be paid according to the market value of the land (§ 194) at the time of purchase determine if the agreed purchase price the market value in one legal relations discernible way significantly exceeding. In this case, the seller is entitled to withdraw from the contract until the expiration of one month after the nonrepudiation of the administrative act on the exercise of the right of first refusal. On the right of withdrawal, the sections 346 to 349 and 351 of the civil code are apply mutatis mutandis. The seller rescinds the contract, the community bears the cost of the contract on the basis of the market value. Kick of the seller of the contract back, goes out after expiry of the cancellation period pursuant to sentence 2 of the seller of the contract obligation to transferred ownership of the property of the community. In this case, the ownership of the property to the municipality passes, if at the request of the community, the transfer of ownership in the land register is registered. The municipality does not lead to the land the purpose of exercising the right of first refusal within a reasonable period of time, she has to pay the seller an amount equal to the difference between the purchase price and the current market value. Article 44, paragraph 3, sentence 2 and 3, article 43, paragraph 2, sentence 1, as well as the sections 121 and 122 shall apply accordingly.
(4) in the cases of § 24 para 1 sentence 1 No. 1 determines the community the provisions of the second section of the fifth part of the amount to be paid according to if the acquisition of the land for the implementation of the development plan is required, and there could be expropriated after the stipulated purpose. The duty of the seller of the contract to transferred ownership of the property of the municipality goes out with the nonrepudiation of the decision on the exercise of the right of first refusal. In this case, the ownership of the property to the municipality passes, if at the request of the community, the transfer of ownership in the land register is registered.
(5) the community may waive the exercise of rights under this section available to the municipal area or for all plots of a municipal. She can revoke at any time the waiver for contracts to be concluded in the future. Customary manner to make the waiver and his withdrawal. The Community shall inform the land Office the wording of their statement. Has the municipality waives the exercise of their rights, requires a certificate referred to in paragraph 1 sentence 3 do not, as far as not a revocation is explained.
(6) the municipality has exercised the right of first refusal and this financial disadvantages incurred by a third party, has to make it as far as a contractual right to the acquisition of the land was the third, before a legal right of first refusal of the municipality on the basis of this code or such national rules, which are been repealed by section 186 of the Federal Building Act was founded compensation. The rules on compensation in the second section of the fifth part shall apply accordingly. Not concluded an agreement on compensation, the higher administrative authority decides.
Third part control the building and other use. Compensation first section admissibility of projects § 29 term of the project; Validity of legislation (1) for projects that have the establishment, modification or change of use of structures to the content, and apply deposits including deposits for embankments and archs larger-scale and excavations, the sections 30 and 37 (2) building regulations legislation and other public regulations shall remain unaffected.

Article 30 admissibility of projects within the scope of a development plan (1) within the scope of a development plan, which contains the überbaubaren land and the local traffic areas at least determinations of the nature and the degree of structural use, alone or together with other building regulations, is a permissible, if it does not contradict these determinations and the development is secured.
(2) in the scope of a project-related development plan according to § 12, a project is allowed, if it is not contrary to the zoning and development is secured.
(3) within the scope of a development plan of that does not meet the requirements of paragraph 1 (simple zoning), the admissibility of projects depends in addition article 34 or article 35.

Article 31 exceptions and exemptions (1) from the determinations of the development plan may be admitted such exceptions, which are expressly provided for in the development plan type and size.
(2) the determinations of the development plan can be exempted from, if the broad of planning will not be touched and reasons of the well-being of the general public, including the needs for housing of refugees or asylum desire ends, the liberation require 1 or 2 the deviation is justifiable in terms of urban planning or implementing the development plan an unintended difficulties would lead to 3 and if the deviation also under assessment agencies interests with the public matters is compatible.

§ 32 restrictions on the future community needs, transport, supply and green spaces are built-over area in the building plan as building plots for the community needs or as transport, supply or green areas assessed, projects which have a value-enhancing change of physical structures result allowed on them are only approved and only granted exemptions for them by the determinations of the development plan, if agrees with the requirements or the carrier of development of or the owner for himself and his successors in writing waives replacement of value increase for the case , that the development plan is carried out. This is true even for the parts of a structural system not conflicting the zoning if they are alone not economically utilizable for themselves, or if the acquisition of the remaining built-up areas may be required when the expropriation.

§ 33 admissibility of projects while establishing plan (1) in areas for which a decision on the establishment of a land development plan is prepared, is a permissible if 1 the public and agency involvement according to § 3 para 2, § 4 paragraph 2 and § 4a para 2 to 5 has been carried, 2. to assume is that the project does not preclude the future determinations of the development plan, 3 the applicant in writing recognizes these determinations for himself and his successors and 4. development is secured.
(2) in cases of § 4a para 3 sentence 1, a project can be approved before the renewed public and agency involvement if the modification or supplement of the zoning draft does not affect the project and you conditions referred to no. 2 to 4 in paragraph 1 are satisfied.
(3) a procedure is carried out according to section 13 or section 13a, a project before carrying out the public and agency involvement may be approved, if no. 2 to 4 conditions are satisfied referred to in paragraph 1. Opportunity to comment is the public concerned and the contact with the authorities and other carriers of public interests before granting approval within reasonable period of time to give, as far as you not previously had the opportunity to do so.

§ 34 admissibility of projects within the districts built in the context (1) within the districts built in the context is a permissible, if it adds up to the type and degree of structural use, the construction and the plot, which is to be built over, in the character of the surrounding area and the development is secured. The requirements for healthy living and working conditions must be maintained; the townscape must not be impaired.
(2) the nature of the surrounding area is one of land, which are referred to in the regulation adopted on the basis of section 9a, the admissibility of the project judged itself after his kind alone, whether it would be generally allowed under the regulation in the field of construction; on the exceptional cases permitted by the regulation projects article 31, paragraph 1, in addition to apply section 31 para 2 according to.
(3) by undertaking pursuant to paragraph 1 or 2, no adverse effects on key areas of supply in the community or in other communities must be expected.
(3a) set 1 can be deviated from the requirement of insertion in the character of the surrounding area referred to in paragraph 1 in some cases, if the deviation of 1.
Industrial or handicraft operation, including the change of use to residential purposes, or the extension, modification or renewal of a legitimately built, serving residential building system is used, is urban 2. and 3. also under assessment agencies interests with the public matters is compatible built the extension, alteration, change of use or renewal of a legitimately.
Sentence 1 shall not apply to retail businesses, which can affect the consumer-oriented supply of the population or have adverse effects on key areas of supply in the community or in other communities.
(4) the municipality may by statute, the boundaries for districts constructed in connection set 1, built-up areas outdoors as parts constructed in connection set 2, if the surfaces in the land use plan as construction area are shown, individual outdoor range areas include 3 in the districts built in the context when the included surfaces through the structural use of the adjacent area are appropriately marked.
The statutes can be connected to each other.
(5) requirement for the preparation of the articles of Association pursuant to paragraph 4 sentence 1 No. 2 and 3 is, that 1 they are consistent with an orderly urban development, 2. the admissibility not is justified by projects which are subject to an obligation to carry out an environmental impact assessment according to annex 1 to the law on environmental impact assessment, or according to national law, and 3 no evidence of impairment of § 1 section 6 No. 7 letter of b above protection exist in.
In the articles of Association pursuant to paragraph 4 individual determinations can set 1 No. 2 and 3 according to § 9 para 1 and 3 sentence 1 and paragraph 4 are met. § 9 paragraph 6 and article 31 shall apply accordingly. On the articles of Association pursuant to paragraph 4 sentence 3 apply 1 No. in addition paragraph 1a according to § 1a para 2 and 3 and section 9; Justification with the data according to § 2a sentence 2 No. 1 is to be attached.
(6) in establishing the statutes pursuant to paragraph 4 sentence 2 and 3 are 1 no regulations according to § 13 para 2 sentence 1 No. 2 and 3 as well as according to sentence 2 to apply the public and agency involvement. On the statutes pursuant to paragraph 4 sentence 1 No. is 1-3 to apply article 10 par. 3 according to.

Section 35 is building exterior (1) outdoor an only permissible, if public concerns do not preclude sufficient development is secured and if it 1 serves an agricultural or forestry operation and occupies only a subordinate part of the operating area, 2. a mode of horticultural production is used, 3 the public supply of electricity, gas, telecommunication services, heat, and water used for sewage or a local commercial company , 4. because of its special requirements on the environment because of its adverse effect on the environment or because of its special purpose only outdoors should be executed, unless of course it's up to the establishment, alteration or extension of a constructional plant to husbandry of animal, not subject to the scope of application of the number 1, which is subject to a duty to conduct a location-based or general preliminary assessment or an environmental impact assessment under the environmental assessment Act , which are to take into account those farms in cumulative projects for the adoption of a close connection, lie on the same operating or building site and are associated with common operational or structural facilities, 5. the exploration, development or use of the wind or water power serves 6 the energetic use of biomass in the context of an operation referred to in point 1 or 2 or an operation referred to in point 4 , animal husbandry operates, as well as the public supply network serves to connect of such plants, under the following conditions: a) the project is in a spatially functional connection with the operation, b) biomass comes mostly out of operation or mostly out of this and from nearby farms to the numbers 1, 2, or 4, operates as far as the latter animal husbandry, c) it is operated only an investment per farm or operation site and d) exceeds the capacity of a plant for the production of biogas not 2.3 million Standard cubic meters of biogas annually, the rated thermal input of other plants exceeds not 2.0 megawatts, 7 the exploration, development or use of nuclear energy is used for peaceful purposes or the disposal of radioactive waste, except the construction of installations for the fission of nuclear fuel for the commercial generation of electricity, or serves 8 the use of solar radiation energy in, on, and on roof and exterior wall surfaces of legitimately used buildings , if the system the building is structurally subordinate.
(2) other projects can be admitted in some cases, their execution or use does not affect public interests, if the development is secured.
(3) any public interest exists in particular if the project 1 is contrary to the representations of the land use plan, 2. contrary to the representations of a landscape plan or other plan, especially the water, waste or anti-pollution law, adverse environmental impacts can cause 3 or is exposed to them, inefficient expenses for roads or other transport equipment for systems of supply or disposal for safety or health or for other tasks requires 4. , 5 issues of nature protection and landscape conservation, soil protection, protection of monuments or the natural character of the landscape and its recreational value impaired or the local and landscape disfigured, 6.
Measures for the improvement of agricultural structures affected, endangered water or flood protection, can be the creation, consolidation or extension of a splinter colony fear 7 or 8 disturbs the functioning of radio stations and radar equipment.
Room mean seed projects must not be contrary to the goals of spatial planning; public concerns do not preclude spatial projects referred to in paragraph 1, insofar as the interests in the presentation of these projects as a aims the spatial planning have been weighed. Public concerns preclude No. 2 to 6 generally also then a project referred to in paragraph 1, for as long as this expulsion elsewhere by representations in the land use plan or goals of spatial planning.
(4) the following other projects within the meaning of paragraph 2 not held against, contrary to representations of the land use plan or a landscape plan, interfere with the natural character of the landscape, or fear the creation, consolidation or extension of a splinter colony allow, as far as they are otherwise outside area compatible within the meaning of paragraph 3: 1 the change of current usage of a building within the meaning of paragraph 1 No. 1 under the following conditions : a) the project is a proper use of it more worthy of keeping buildings, b) the outer shape of the building is essentially maintained, c) the task of current usage is not more than seven years, d) legitimately of more than seven years ago, the building has been built, e) the building is the spatial functional linked to the farmstead of agricultural or forestry operations, f) not more than three apartments if the change is for residential purposes are being built in addition to the previously referred to in paragraph 1 No. 1 allowed apartments per farm and g) is an obligation assumed, to make no new buildings as a replacement for the discontinued use, unless the redevelopment is in the interest of the development of the operation within the meaning of paragraph 1 No. 1, 2. the new direction of a similar residential building at same point under the following conditions: a) the existing building has been built to legitimately, b) the existing building has defects or irregularities , c) the existing building has been used for a long time by the owner himself and d) facts justify the assumption that the newly constructed building is used; for the consumption of the previous owner or his family the owner has purchased the existing building by way of succession by a previous owner, who has used it for a long time even it is sufficient if the facts justify the assumption that the newly constructed building is used for own needs of the owner or his family, 3. the immediate construction of a legitimately built due to fire, natural disasters or other extraordinary events of destroyed, similar building on the same site, , 4. the modification or change of use of preserving buildings influential the cultural landscape, even if they are abandoned, if the project is a proper use of the buildings and the preservation of the form value, 5. the extension of a residential building on up to a maximum of two apartments under the following conditions: a) legitimately, the building has been built, b) the extension is measured in relation to the existing building, and taking into account the housing needs and c) in establishing an additional apartment facts justify the adoption of , that the building has been used by the previous owner or his family, 6.
the constructional extension of a legitimately of built commercial operation, when the extension in relation to the existing building and operation is appropriate.
In justified exceptional cases, the legal consequence of sentence 1 also for the reconstruction of a building within the meaning of paragraph 1 is number 1, the other use is to be assigned to, when the original building from the exterior to maintain the cultural landscape is worth keeping, to expect a heavier load on the outside is as consistent in cases of sentence 1 and the new direction also with neighborly interests; Sentence 1 number 1 letter b to g shall apply mutatis mutandis. In the cases of the set, minor extensions of the new building opposite the common or destroyed buildings as well as minor deviations from the previous location of the building are allowed 1 number 2 and 3, as well as the rate of 2.
(5) the permitted under paragraphs 1 to 4 are run in a space-saving, limiting soil sealing to the necessary size and outdoor-friendly manner. For projects referred to in paragraph 1 is no. 2 to 6 as a further admissibility criterion a declaration of commitment to submit, that projects back build permanent task of the permitted use and eliminate floor sealers; a pursuant to paragraph 1 No. 2 to 6 allowable use change is the decommissioning obligation to assume, one referred to in paragraph 1 allowable use change she eliminated No. 1 or 2. The building consent authority will Baulast provided for by national law or in any other way the compliance with the obligation pursuant to sentence 2 and pursuant to paragraph 4, sentence 1 No. ensure 1(g). In addition it ensures set 1 in the cases of paragraph 4, that the building or other facility is used after implementation of the project only in the intended way.
(6) the community can determine for built-up areas outdoors, that are not predominantly agricultural and there is a residential development of some weight in which, by statute, that cannot be maintained against serving residential projects in accordance with paragraph 2, fear that they contradict a representation in the land use plan of land for agriculture or forest or the creation or consolidation of a splinter colony. The statute can be extended to projects, serve the smaller craft and small businesses. More detailed provisions on the admissibility can be made in the articles of Association. Prerequisite for the installation of the Statute is that 1 it is consistent with an orderly urban development, 2. the admissibility not is justified by projects which are subject to an obligation to carry out an environmental impact assessment according to annex 1 to the law on environmental impact assessment, or according to national law, and 3 no evidence of impairment of § 1 section 6 No. 7 letter of b above protection exist in.
When setting up the Statute the provisions on the public and agency involvement are no. 2 and 3, as well as sentence 2 according to section 13, paragraph 2, sentence 1 apply mutatis mutandis. § 10 section 3 shall apply accordingly. The application of paragraph 4 remain unaffected by the Statute.

Article 36 participation of the municipality and the higher administrative authority (1) the admissibility of projects pursuant to §§ 31, 33-35 will be decided in the approval procedure by the Building Authority in consultation with the community. The consensus of the community is also required, if it is decided in other proceedings on the admissibility under the rules referred to in sentence 1. This does not apply to projects of the kind referred to in article 29, paragraph 1, which are subject to the supervision of the mountain. Addressed the admissibility of projects according to § 30 para 1, the countries ensure the municipality prior to execution of the project can in time decide on measures to safeguard the urban land use planning according to §§ 14 and 15. § 35 par. 2 and 4 the provincial government can set in cases generally or for specific cases by Decree, that the approval of higher authority is required.
(2) the agreement of the community and the approval of the higher administrative authority may only from itself from the § § 31, 33, 34 and 35 resulting reasons be failed. The consensus of the community and the approval of the higher administrative authority considered granted if they are denied within two months after receipt of the request of the approval authority. the filing of the application for the community is equal the request to the community, if it is required under State law. The authority competent under national law can replace an unlawfully failed agreement of the community.

Section 37 makes it necessary to derogate from the provisions of this code or the regulations issued on the basis of this code structural measures of the Federal and State (1) the special public purpose for structural units of the Federation or a land or is the consensus not reached with the municipality after section 14 or section 36, decides the higher administrative authority.
(2) it involves projects that serve the national defense, official purposes of the federal police or the civil defence, only the approval of the higher administrative authority is required. Before granting approval, this has to listen to the community. The higher administrative authority refused consent or the municipality is contrary to the intended construction, decides the competent Federal Ministry in consultation with the concerned federal ministries and in consultation with the Supreme Land authorities.
(3) caused the municipality as a result of the implementation of measures for paragraphs 1 and 2 expenses for compensation according to the book of this law, are you by the institution of measures to replace. Must as a result of these measures a zoning set up, modified, supplemented or cancelled, you are also the cost incurred to replace.
(4) to be placed structural plants on land procured under the land acquisition Act, are to be discussed in the procedure according to § 1 para 2 of the State procurement law final all objections allowed by the municipality or the higher administrative authority under paragraphs 1 and 2. Proceedings referred to in paragraph 2 is not required in this case.

Section 38 structural measures by forbidding meaning on the basis of planning approval procedures; public waste disposal installations on zoning and other procedures with the legal effects of the plan approval for projects involved important and which on the basis of the Federal Immission Control Act for the establishment and operation of sections 29 to 37 are applicable waste disposal installations procedures publicly available not to apply if the community is involved. urban issues are taken into account. A binding pursuant to § 7 shall remain unaffected. § 37 para 3 shall apply.
Second section compensation section 39 confidence damage have owner or other in the exercise of their rights of use authorised in justified reliance on the existence of a legally binding development plan made preparations for the realization of possibilities of use arising from the zoning, they can demand compensation in money as far as the expenses fall through the amendment, supplement or annulment of the development plan. This also applies to charges under federal or national regulations, which were raised for the exploitation of the land.

§ 40 1 areas for the needs of the community, as well as for sports and game equipment, 2. areas for groups of people with special housing needs, 3 surfaces with special purpose, 4 to be followed freely by the building protection areas and areas for special facilities and arrangements for the protection against impacts, 5 traffic areas, 6 supply areas, 7 areas for the waste and sewage disposal are in the building plan compensation in cash or by transfer (1) , including retention and infiltration of rainwater, as well as for deposits, 8 green, 9 areas for landfills, archs, or for the extraction of rocks, soils and other natural resources, 10 areas for community spaces and community garage, 11 areas for land holding free community facilities, 12 of the cultivation, 13 water surfaces, surfaces for water management, land for flood protection and surfaces for the control of water runoff, 14 areas for the protection , the owner is to the maintenance and development of soil, nature and landscape, in accordance with the following paragraphs to compensate, as far as financial disadvantage him. This does not apply no. 1 in relation to space for sports and play facilities, as well as the rate in the cases of sentence 1 1 No. 4 and 10 to 14, the determinations or its implementation serve the interests of the owner or the fulfilment of any legal obligation incumbent upon him.
(2) the owner may require the acquisition of land, 1. If and to the extent economically no longer expected him with regard to the establishment or implementation of the development plan, the plot to keep or to use it in the past or any other acceptable form or 2. If projects may be not carried out according to § 32 and thus the previous use of a structural system is repealed or significantly reduced.
The owner may require the establishment of co-ownership or a suitable right in place of the acquisition if the implementation of the development plan requires not the deprivation of property.
(3) the owner a reasonable compensation in money is payable, if and as far as projects may be not carried out according to § 32 and thus the previous use of his land is economically complicated. The conditions of the takeover claim exist pursuant to paragraph 2 only this claim can be asserted. The debtor to compensate can reference the Indemnitees takeover claim, if the plot is immediately required for the purposes set out in the development plan.

Article 41 compensation for justification by walking, driving and management rights and bindings for planting (1) surfaces are set in the zoning, which with driven, to weigh on driving and management rights are the owner under the requirements of section 40 paragraph 2 require that the right in favour of the referred to in article 44, paragraph 1 and 2 is established in these areas, including the protection Strip required for the wiring can be. This shall not apply in the case of the obligation to the toleration of such local lines, which serve the development and supply of the property. Further legislation, after which the owner to the toleration of utility lines is bound to remain unaffected.
(2) are in the building plan bindings for planting and maintenance of trees, shrubs and other plantings waters as well as the planting of trees, shrubs and other plantings, is set to make the owner a reasonable compensation in money, if and to the extent as a result of these determinations 1. Special expenses are necessary, that go beyond what is necessary for proper management, or 2 occurs a significant impairment of the land.

Article 42 compensation for amendment or revocation of a permitted use (1) is the permissible use of a plot of land repealed or changed and not only insignificant impairment of the plot occurs as a result the owner may demand a reasonable compensation in money in accordance with the following paragraphs.
(2) if the permissible use of a plot of land within a period of seven years from the admissibility repealed or modified, the compensation is calculated according to the difference between the value of the land on the basis of the permitted use and its value that arises as a result of the termination or modification.
(3) if the permissible use of a plot of land after expiry of the period referred to in paragraph 2 repealed or modified, the owner may require only a compensation for interference with the use of exercised particularly when the exercise as a result of the termination or change of permitted use of realized use or the other possibilities of commercial exploitation of the land arising from the use of the realized , made impossible or substantially more difficult. The amount of compensation with regard to the degradation of the land value is calculated according to the difference between the value of the land on the basis of the applied use and its value that arises as a result of the restrictions referred to in sentence 1.
(4) compensation for interventions in exercised uses remain unaffected.
(5) by way of derogation from paragraph 3 the compensation is calculated according to paragraph 2, if the owner on the achievement of one of the permitted use of corresponding project before expiry of the period referred to in paragraph 2 is met through a change lock or a temporary deferral of his project and he can no longer carry out the project as a result of the termination or change of permitted use of the land.
(6) which is before the end of paragraph 2 described a building permit period or on the soil admissibility of a project a notice issued under supervision law and the owner can realize the project as a result of the termination or change of permitted use of the land no longer after the deadline or the realization has thus economically not justified for him, can the owner of the difference between the value of the land on the basis of the use provided for in the authorisation and the Value of the land arising as a result of the termination or change of permissible use claim compensation.
(7) is an application for a building permit or a Bimschg supervision law, which has soil admissibility of a project on the subject, rejected before expiry of the period referred to in paragraph 2 shall unlawfully and can the approval or the notice with the requested content not be granted as the result of appeal proceedings, because use allowable at the time of the submission of the has been repealed or modified , the compensation is calculated according to paragraph 6. Accordingly paragraph 6 applies the legal standards also, if over a and to be approved planning application or a notice to building regulatory, which has soil admissibility of a project on the subject, within the time limit referred to in paragraph 2 was undecided, even though the application was made in good time so that an approval within the time limit would have can be granted.
(8) in the cases of paragraphs 5 to 7, the claim to compensation is not if the owner not ready or not was able, to carry out the proposed project. The owner has to set out the facts which show his willingness and possibilities to realize the project.
(9) the takeover claim is is repealed the permissible use of a plot of land, according to § 40 paragraph 2 sentence 1 No. 1 (10) which has community the owner on request information to give, whether pecuniary protection of permissible use is resulting from paragraph 2 is for its plot, and when this ends by expiry of the period referred to in paragraph 2.

Section 43 is compensation and procedure (1) the compensation through acquisition of the land or justification of a right to make and an agreement not be reached, the owner may require the deprivation of property or the justification of the law. The owner may file an application on deprivation of property or on grounds of the right of expropriation authority. On the deprivation of property or the justification of the law find the provisions of the fifth partly according to application.
(2) the financial compensation is payable and not concluded an agreement on the money compensation, decides the higher administrative authority. The rules on compensation in the second section of the fifth part and section 121 shall apply mutatis mutandis. Article 122 shall apply for decisions about fixing the monetary compensation to be paid accordingly.
(3) the requirements are the sections 40 and 41 paragraph 1, compensation is only under these regulations to grant. In cases of §§ 40 and 41 such impairments are not to take into account, which not to compensate would be in application of section 42.
(4) land values are not to compensate, as far as they are based on that 1 the allowed use on the property does not comply with the General requirements on healthy living and working conditions or to the safety of living on the land or in the surrounding area or working people or urban planning abuses within the meaning of § 136 paragraph 2 and 3 are 2 in an area and the use of land contributes significantly to these plagues.
(5) according to the conditions of compensation value increases shall be disregarded, that occurred after the indemnitee in the position was to make the request for the fixing of compensation in money, or has rejected an offer of the liable to pay compensation in money at an appropriate level. Has submitted the request on acquisition of the property or establishment of appropriate provisions of the Indemnitee and the Entschädigungspflichtige then made an offer on acquisition of the property or grounds of law on reasonable terms, section 95 para 2 is no. 3 according to.

44 Entschädigungspflichtige, exigibility and extinction of compensation claims (1) to compensate the beneficiary undertakes, § if it agrees with the determination in his favour. Is not a beneficiary or his or her consent is not available, compensation is required. The beneficiary does not meet his obligation the municipality is obliged the owner to; the beneficiary has to pay damages to the community.
(2) fixing the elimination or mitigation of effects arising from the use of a plot of land is used the owner for compensation is obliged, if he agreed with setting. The owner on the basis of others is legal regulations required, to eliminate or reduce, he is obliged effects arising from the use of his land, even without agreement on compensation insofar as he saves costs by fixing. The owner does not meet his obligations, paragraph 1 shall apply 3 set according to. The municipality is to listen to the owner before making determinations, which can lead to a compensation pursuant to sentence 1 or 2.
(3) the Indemnitee may demand compensation if you have entered into the sections 39 to 42 designated financial disadvantages. He can bring the due date of the claim as a result that he requested the performance of compensation in writing when the liable. Compensation payments are in money shall be payable on each year from the due date with 2 per cent above the base rate according to § 247 of BGB (Bürgerliches Gesetzbuch) (civil law. Compensation through acquisition of land is being applied on the interest of § 99 para 3.
(4) a compensation claim expires if within a period of three years after the expiration of the calendar year in which you 1 designated assets disadvantages have entered set in paragraph 3, the due date of the claim is brought.
(5) in the notice according to § 10 ABS. 3 set is 1 and 2 and of paragraph 4 on the provisions of paragraph 3 to point out.
Fourth part of zoning first section apportionment § 45 purpose and scope for development or redevelopment of areas can built-up and undeveloped land be rearranged through apportionment in such a way, that according to location, shape and size for the structural or other use suitably crafted plots emerge. The apportionment may 1 in the scope of a development plan within the meaning of section 30 or 2 within a part built in the context in the sense of § 34, if sufficient criteria for the reorganization of the land arising from the nature of the surrounding area or a simple zoning in the meaning of § 30 para 3, be carried out.

§ 46 jurisdiction and conditions (1) the apportionment is arranged by the municipality (assignment Office) under their own responsibility and making, if and when it is necessary to the achievement of a development plan or for reasons of orderly urban development towards the use of allowable within a part built in the context.
(2) the provincial governments to determine by regulation, the apportionment committees 1 that by the municipality of apportionment committees with independent decision-making powers for the implementation of the relocation are made, 2. ways in which to assemble and equip them with what powers are 3 the apportionment Committee can transferred in deciding of operations according to § 51 of minor importance to a place prepared its decisions, 4 that upper apportionment committees are formed to decide on an appeal in the apportionment process and how these committees are to be together , 5. that the land consolidation authority or other appropriate authority is obliged, to prepare the decisions to be taken under the apportionment procedure at the request of the municipality (assignment Office).
(3) on the arrangement and implementation of apportionment is not entitled.
(4) the municipality may transfer their authority to carry out the assignment to the land consolidation authority or other appropriate authority for the municipal area or parts of the municipal area. The details of the transfer including the participation rights of the municipality can be regulated in an agreement between you and the authority carrying out the assignment. The municipality may delegate the preparation of decisions to be taken under the apportionment procedure, as well as the vermessungs - and land-related tasks necessary for the implementation of apportionment publicly appointed surveyors.
(5) the community can transfer authority for the exercise of their right of first refusal right above no. 2 section 24 subsection 1 sentence 1 the apportionment Committee on individual cases or specific areas; the community may at any time revoke the delegation. The municipality's right to exercise a right of first refusal for other than apportionment purposes after the transfer, remains unaffected. Claims are not due to third-party sentences 1 and 2.

§ 47 apportionment decision (1) the apportionment is after consulting the owner by a resolution of the relocation site launched. In the assignment decision is the apportionment area (§ 52). The plots in the apportionment area are performing individually.
(2) the apportionment for the scope of a development plan should be initiated, can be also initiated the apportionment procedure, if the zoning is not set up yet. In this case, the development plan before the decision on the apportionment plan must (section 66 paragraph 1) entered into force be.

Section 48 involved (1) the apportionment procedure, the owner of land located in the area of assignment, 2. are involved 1 the holder of a registered in the land register or registration secured right on a plot of land in the area of assignment or a plot stressful right, 3. the holder of a right entered in the land register on the plot or a law burdening the property, a claim the right to satisfaction of the plot or a personal right , entitled to purchase, possession or use of land or limited to the debtor in the use of the land, 4. the municipality, 5th under the conditions of § 55 5 the carrier of need for and 6 the carrier of development of.
(2) the designated persons will be no. 3 in paragraph 1 at the time involved in the registration of their right to the relocation site is. The registration can take up to the resolution on the relocation plan (section 66 paragraph 1) take place.
(3) a registered legal doubts, as the relocation site has to set a deadline for the applicant without delay to the Glaubhaftmachung of his right. After fruitless expiry of the period he is until the Glaubhaftmachung of his right not to participate.
(4) the holder of a mortgage, mortgage or pension debt, for which a letter is issued, registered in the land registry, as well as any of his successors Declaration has to give, whether someone else has purchased the mortgage, mortgage or pension debt, or a right upon request the assignment location; He has to refer to the person of the acquirer. § 208 set 2 to 4 shall apply mutatis mutandis.

Paragraph 49 succession changes the person of one of the parties during an apportionment process, so his successors in this procedure in the state occurs in which it is located at the time of the passing of law.

§ Object known to make 50 notice of the apportionment decision (1) which is apportionment decision in the municipality.
(2) the notice of the apportionment decision the prompt has rights that are not apparent from the land, but entitle to participate in the apportionment process, to register at the relocation site to contain within a month.
(3) are rights only applied after expiry of the period referred to in paragraph 2 or made credible after the expiry of the period laid down in article 48, para. 3, so a person must leave the negotiations so far and determinations against apply, if the assignment authority determines this.
(4) the holder of a right referred to in paragraph 2 must be apply as the person concerned the period through publication of the measure first run has been put on the other the effect of expiry of the period occurred before the registration as well against him.
(5) on the legal effects under paragraphs 3 and 4, as well as to article 51 is to indicate in the contract notice.

§ 51 disposition and change lock (1) of the notice of the apportionment decision to the notice under section 71 may be only with written permission of apportionment point 1 a land divided into the apportionment area or taken orders on a plot of land and rights to a plot of land or agreements, which granted a right to acquire, use or development of land or land part is another , or Baulasten newly established, amended or repealed;
2. significant changes in the Earth's surface or substantially increase the value other changes of land are made
3. not genehmigungs-, consensus - or notifiable, but value-enhancing constructional plants built or value-enhancing such systems changes;
4. genehmigungs-, notifiable or consensus - building facilities are built or modified.
Authorisation pursuant to sentence 1 required in the formally defined redevelopment only if and insofar as a permit requirement does not exist according § 144.
(2) projects that have been approved prior to the entry into force of the modification lock:, projects, of which the municipality gained knowledge in accordance with the building regulations law and with their execution before the entry into force of the modification lock may be continued, as well as maintenance and the continuation of a previously exercised use are not affected by the change lock.
(3) the authorisation may be refused only if there is reason to believe, that the project would make it impossible to conduct the apportionment or substantially more difficult. Section 22 par. 5 sentence 2 to 5 shall apply accordingly.
(4) the authorisation may be granted subject to conditions and except for orders over land and rights to land under conditions or time limitations. Is approved under requirements, conditions or time limitations, the contracting party affected thereby is entitled to withdraw from the contract until the expiration of one month after the nonrepudiation of the decision. On the right of withdrawal, the sections 346 to 349 and 351 of the civil code are apply mutatis mutandis.
(5) the apportionment Committee on the basis of a regulation transfers according to § 46 para 2 No. 3 of the designated thereon authority decisions on operations referred to in paragraph 1, this site is subject to its instructions; the apportionment Committee in its place shall when lodging appeals. The apportionment Committee may at any time revoke the delegation.

§ To limit relocation area (1) which is the apportionment area 52, so that the assignment to suitably perform can be. It can consist of geographically separated areas.
(2) individual plots that complicate the implementation of apportionment, can exclude wholly or partly from the apportionment.
(3) minor changes of the apportionment area can up to the decision on the apportionment plan (section 66 paragraph 1) by the transfer agent after prior consultation with the owner of the affected land even without local notice be made. The change is effective with its notification to the owner of the affected land.

Article 53 master card and inventory (1) the apportionment authority produces a map and directory of the plots of the apportionment area (stock map and inventory). The master card has at least the previous location and shape of the plots of the apportionment area and the buildings on them and referred to the owner. In the inventory are at least perform 1 for each plot the owner registered in the land registry, 2. the grundbuch - and land-based name, the size and the type of use specified in the cadastre of land, stating the street and house number as well as 3 loads registered in the land registry in Division II and restrictions.
(2) the master card and which in paragraph 1 sentence 3 Nos. 1 and 2 described parts of the inventory have to be publicly on the duration of one month in the municipality. Location and duration of the design are to introduce at least a week before design object.
(3) the assignment only a few plots, so the notice to the owners and the holders of other rights is sufficient in place of the customary notice, insofar as they are shown in the land register or have registered their right at the point of the assignment.
(4) in the in paragraph 1 sentence 3 No. 3 designated part of the inventory is the insight each provided, which presents a legitimate interest.

§ 54 notifications and apportionment notice (1) sharing apportionment place the land registry and the authority responsible for the management of the real estate cadastre the introduction (section 47) of the assignment process and the subsequent changes of the apportionment area (§ 52) with. The land registry has to enter in the land of the land fair to that the apportionment procedure is initiated (apportionment notice).
(2) the land registry and the authority for the management of the real estate cadastre have to notify the assignment instead of all entries that are made after the date of initiation of the apportionment procedure in the land register of the affected land, and in the land registry or be made. § 22 paragraph 6 shall apply accordingly.
(3) the arrangement of the forced sale or receivership is in the land, so the assignment is knowledge the enforcement court of the apportionment decision, insofar as it concerns the land which is the subject of the enforcement procedure.

§ 55 Umlegungsmasse and pitch dimensions (1) are the plots in the apportionment area according to their area mathematically to one mass United (Umlegungsmasse).
(2) the areas are off the Umlegungsmasse advance to excrete and ward and the other development institution to impart, that are set or are required for the orderly urban development to achieve the permitted use according to § 34 as 1 local traffic areas roads, paths including foot and living ways and places as well as firm, according to the development plan 2. areas for parking, green areas including children's playgrounds and facilities for protection against harmful environmental impacts within the meaning of the Federal Immission Control Act , as far as they are not already part of the traffic facilities referred to in paragraph 1, as well as for Regenklär - and storm overflows if the areas mainly serve the needs of the residents of the apportionment area.
The areas include the advance to withdrawing from land compensation in the meaning of § 1a para 3 for the equipment referred to in sentence 1. Green spaces may include pursuant to sentence 1 No. 2 also building land conditional land compensation in the meaning of § 1a para 3.
(3) with the allotment, the municipality or the other development institution of areas raised by them in the Umlegungsmasse is found off pursuant to paragraph 2.
(4) the remaining mass is the mass of the Division.
(5) other land, for which a use for public purposes is set according to the development plan, can be eliminated including the land compensation in the meaning of § 1a para 3 and assigned to the requirements or the carrier of development of, if this brings a suitable replacement land, which can be outside of the apportionment area, in the mass of Division of. The relocation site to make use of these powers, if this is appropriate to the timely implementation of the development plan.

§ Is 56 distribution scale (1) for the calculation of to the participating landowners on the mass of Division of shares (target claim) either by the ratio of the surfaces or the relative of values to go out where the previous plots have stood before the assignment to each other. The scale is to determine uniformly by the transfer agent in duty moderate discretion fair considering the interests of the parties according to expediency.
(2) all parties agree, the mass of Division of can be divided even after a different scale.

§ 57 distribution goes out the relocation site in values of the ratio of the values, so the Division of mass in relation is distributed, are involved in the owner to be taken into account in the apportionment. A plot of land at least with the current market value to be allocated each owner, had his former property taking into account the requirement for the provision of land compensation in the meaning of § 1a para 3 in the time of apportionment decision. For the to be awarded land is relative to the time of apportionment decision, to determine, the transport value. There are value changes that are effected by the apportionment, be taken into account; to land on land development contributions allotted according to § 55 para 2, value changes shall be disregarded in this respect. Differences between the market values thus determined should be in money.

Section 58 distribution goes space (1) the apportionment instead of the ratio of the surfaces, she of the inserted land taking into account the land withdrawal according to § 55 para 2 to withdraw a land contribution to such an extent, that the advantages are balanced, which arise by the apportionment; While the advantages remain half-sentence 2 in the cases of § 57, set of 4 in this respect into account. The contribution of land may be in areas which are, for the first time tapped only up to 30 per cent, in other areas only up to 10 per cent of the thrown area. The assignment authority may charge instead of a land contribution wholly or partly a money contribution. As far as the apportionment advantage exceeds the contribution of areas pursuant to sentence 1, the advantage in money is to compensate.
(2) the new plot not in same or equivalent position can be given reasonable value differences in surface or money are so to compensate.
(3) for the measurement of monetary contributions and compensation, the value of conditions at the time of the transfer decision are decisive.

Section 59 allocation and indemnity are (1) off the pitch dimensions to allot the owners land including land compensation in the meaning of § 1a para 3 in same or equivalent location like the thrown and in accordance with the shares calculated in accordance the §§ 57 and 58 the purpose of apportionment according to if possible.
(2) where it is not possible in compliance with the public service regulations, actually allot the shares calculated in accordance the §§ 57 and 58, a compensation in cash is held. Monetary compensation, the rules on compensation in the second section of the fifth are partly apply mutatis mutandis, as far as the allocation of the slot value or more than only insignificantly below the nominal claim. The monetary compensation is calculated according to the market value, relative to the time of the apportionment plan, as far as allocating more than only slightly exceeds the nominal claim and enables the construction planning legally permissible use.
(3) an owner who must give up own used residential or business premises in the relocation area and receives no plot in the apportionment process, requested that for him as compensation under the apportionment procedure paragraph 4 Nos. 2 and 3 referred to in one of the rights is provided, so should the be complied with, provided that this is possible in the apportionment.
(4) with the consent of the affected owners granting can be provided as compensation 1 money or 2 real estate outside of the apportionment area or 3. the justification of co-ownership of an estate of land rights, rights after the apartment ownership Act or other rights within and outside the apportionment area.
(5) if the apportionment in the scope of a development plan is carried out, owners in money or land situated outside the apportionment area can be found out if they can get no bebauungsfähigen land in the area, or if it is otherwise necessary to achieve the goals and objectives of the development plan; Anyone who rejects the payment with the land outside the area, can be found off with money. The rules on compensation in the second section of the fifth part shall apply accordingly.
(6) rejects the owner an indemnity in paragraph 4 with the No. 2 and 3 that is designated rights, although by such a severance payment for a larger number of stakeholders a compensation in money can be avoided and the compensation in these legal forms with the zoning is compatible, is to resign the owner money. The rules on compensation in the second section of the fifth part shall apply accordingly.
(7) the apportionment - the apportionment Committee at the request of the community - can, in the allocation of land under the conditions of § 176 a construction bid, under the conditions of section 177 a modernization or repair offer and arrange a planting bid under the conditions of section 178.
(8) if the apportionment in the scope of a development plan is carried out, to refer to the buildings or other structures, which contradict the zoning and preclude the implementation of the redesign (article 66 par. 2) approved the relocation plan in view of the relocation plan. The owner and the other rights-holders have to put up with, when the community performs the removal on the implementation of the relocation plan eliminating the building referred to in the assignment plan and other structures.
(9) the power of the community, a construction bid, modernisation or renovation bid to arrange a flower or a demolition or unseal bid after the sections 176 to 179, shall remain unaffected.

Section 60 severance pay and compensation for construction equipment, planting and other facilities for architectural installations, plantings and other facilities is only a money compensation to grant, and in the case of the allocation to set compensation in money, as far as the plot because of these facilities has a beyond the land value market value. The rules on compensation in the second section of the fifth part shall apply accordingly.

§ 61 repeal, amendment and justification of rights (1) land same rights and other rights to a plot of land in the area of assignment or a law burdening the property, also claims the right to satisfaction from the property or personal rights to purchase, possession or use a parcel of land in the assignment area giving or limit the debtor in the use of the land that can be lifted by the apportionment plan, modified or newly established. In accordance with the objectives of the development plan to achieve one according to § 34 permitted use you can to functional and economic exploitation of the land surface for pull-up, the Community court rooms, playgrounds, leisure facilities, parking, garages, land compensation in the meaning of § 1a para 3 or other community facilities are set and regulated their legal relationships. In land law proposed public service obligations to a concerning the plot, Tolerations or Nonactions (Baulast) can be lifted in agreement with the building consent authority, modified or newly established.
(2) as far as the repeal, amendment or grounds of rights or Baulasten disadvantages of assets or financial benefits caused, a compensation in cash is held. The rules on compensation in the second section of the fifth part and about the hardship compensation are apply mutatis mutandis for the case that financial disadvantage, according to § 181.
(3) paragraphs 1 and 2 also apply to that according to § 55 paragraph 5 in the mass of Division of brought land.

§ 62 community property; special legal conditions (1) if it serves the purpose of the assignment and the owner agree to joint ownership of land can be divided.
(2) If a new plot is assigned to an owner for several old plots subject to various legal conditions or permissions, as fractions of the total compensation are determined according to different legal conditions that take the place of individual properties or permissions. In these cases, a special piece of land can be allocated for each inserted plot or any permission in place of the fraction.
(3) if joint ownership is divided (paragraph 1) or several new plots are allocated an owner for his plot, so the relocation site can distribute liens and real loads, inserted lots are burdened with, according to the values determined in the apportionment procedure on the land allocated to.

Transition of legal relations on the severance pay (1) the allocated land appear section 63 with regard to the rights to the old land and the legal relationships concerning these lands which are not abrogated, in place of the old plots. The locally-based public loads that rest on the old land, are transferred to the new land designated in their local area.
(2) the owner of a new plot of land allocated to the receives for the old plot to compensate for differences in value a money compensation or according to § 59, section 60 or 61 § a cash severance, as in-kind entitled, which rights are affected by the apportionment in so far on the monetary claims of the owner are instructed.

Article 64 cash benefits (1) creditor and debtor of cash benefits laid down in the apportionment plan, is the municipality.
(2) payments are due on the date of the notice under section 71. The payment of compensation for added value (paragraphs 57 to 61) can be postponed up to no more than ten years; This can be provided that this compensation services wholly or partially in recurrent services payment. In the cases of sentence 2 to the compensation from the due date and if challenged the apportionment plan only because of the amount of money these should be annual interest rate code in the contested amount from entry into force of the apportionment plan the reason after with 2 per cent above the base rate according to § 247 of the civil.
(3) the obligations of the owner or the heritage building entitled to cash benefits according to sections 57 to 61 are considered contribution and rest as a public burden on the plot or the ground lease.
(4) if ordered to secure a loan, which existing buildings or 2. perform necessary extraordinary repairs on buildings on the loaded property is 1 the construction of new buildings, the reconstruction of destroyed buildings or removal or the extension, a mortgage, so a prerogative of satisfaction before the public last may be granted for this on request according to paragraph 3 or a part of thereof in the case of compulsory execution in the plot , if is not endangering the safety of the public burden and the interest rate and repayment rates correspond to the usual annual services for premium repayment mortgages for the mortgage. The approval can be made depending on the fulfilment of conditions.
(5) as far as the costs and benefits of the apportionment of a requirements or development support are caused, they are from him to reimburse the municipality.
(6) the public burdens (paragraph 3) are to be noted in the land register.

Section 65 the rules filing and distribution procedures for the deposit of cash payments and for the distribution procedure according to §§ 118 and 119.

Article 66 preparation and contents of the assignment plan (1) is the apportionment plan by the transfer agent in discussion with the owner's decision to set up. He can be also for parts of the application area (apportionment plan of part of).
(2) the new prospect with all factual and legal changes must emerge from the apportionment plan, received the land in the area of assignment. The apportionment plan must be suitable form and content to the transfer in the land registry.
(3) the apportionment plan consists of the apportionment Board and the relocation directory.

Section 67 apportionment map which is apportionment map the future state of the apportionment area dar. In the map, in particular the new boundaries and designations, as well as the area within the meaning of § 55 para 2 are to enter.

§ 68 assignment directory (1) the apportionment directory leads on 1 the land, including the allocated outside the apportionment area, according to location, size and type of use under comparison of the old and new stock with indication of their owners;
2. the rights to a plot of land or a law burdening the property, also claims the right to satisfaction of the land or personal rights to purchase, possession or use of land giving or limit the debtor in the use of the land, as far as they are repealed, amended or newly established.
3. the site loads by rank and amount;
4.
Cash benefits, maturity and payment, as well as the value of land according to § 55 para 2 an as far as contributors to development allocation;
5. those for whose benefit or expense, cash benefits are set;
6. the cash and surfaces to be laid within the meaning of § 55 para 2 and the watercourses;
7. the commandments according to section 59 paragraph 7 and 8 which can Baulasten according to § 61 para 1 sentence 3 (2) the assignment directory separately are set up for each plot.

§ 69 notice of the apportionment plan, inspection (1) the relocation site has the decision on the establishment of the apportionment plan (section 66 paragraph 1) in the municipality of object known to make. In the notice, it is to point out that the apportionment plan at a location to be designated pursuant to paragraph 2 can be viewed and will be delivered in part according to article 70, paragraph 1, sentence 1.
(2) everyone can see the apportionment plan, which sets out a legitimate interest.

Article 70 delivery of the assignment plan (1) stakeholders is an excerpt from the apportionment plan to deliver that affect their rights. It is pointed out that the apportionment plan at a location to be designated can be viewed according to § 69 para 2.
(2) the assignment authority considers necessary changes the apportionment plan, so can the notice and the delivery of the revised apportionment plan are limited to the affected by the change.
(3) the arrangement of the forced sale or receivership is in the land, so the assignment is knowledge the enforcement court of the assignment directory, insofar as it relates to the property which is the subject of the enforcement procedure, and because existing rights.

§ 71 entry into force of the apportionment plan (1) the relocation site has customary manner known to make, in which time the apportionment plan becoming final. It is just entering the nonrepudiation of the apportionment plan, if the apportionment plan simply because of the amount of severance of money is contestable.
(2) before the nonrepudiation of the apportionment plan the relocation site can bring into force spatial and functional parts of the apportionment plan notice, when deciding an appeal not can affect these parts of the assignment plan. Persons who have filed appeals, shall be informed of the entry into force.

Article 72 the previous state of the law is replaced by the new legal status provided for in the apportionment plan effects of notice (1) with the notice under section 71. The notice includes the introduction of the new owner in the possession of the allotted land.
(2) the municipality has the apportionment plan to complete, as soon as its nonrepudiation is been published under section 71. It has the new ownership and utilization rights, if necessary by means of administrative coercion, obtaining the parties.

Article 73 apportionment plan modification that can transfer authority even after the nonrepudiation change the apportionment plan, if 1 the zoning is changed, 2. the change requires a final decision of a court, or 3 participants with the amendment agree.

§ 74 amending the public books (1) which are sent apportionment place the land registry and the authority responsible for the management of the real estate cadastre a certified true copy of the notice to section 71, as well as a certified copy of the assignment plan and asked them to enter the changes in the law in the land registry and the land registry, as well as to delete the assignment notation in the land register. The same applies to land allocated outside the apportionment area.
(2) until the adjustment of the real estate cadastre, the apportionment map and the relocation directory serve as official directory of land within the meaning of section 2 para 2 of the land order, if the competent authority on these documents certified for the management of the real estate cadastre, that they are suitable to form and content to the transfer in the land registry. This certificate is not required, if the land consolidation authority has made the apportionment map and directory of the assignment (§ 46 para 2 No. 5 and para. 4).

§ 75 consultation of the relocation plan to the rectification of the land register is provided each inspection of the apportionment plan, which sets out a legitimate interest.

§ Can the ownership and ownership for individual plots 76 anticipating of the decision with the consent of the right holders concerned as well as other rights be regulated according to the paragraphs 55 to 62 before the relocation plan is set up. The sections 70 to 75 shall apply mutatis mutandis.

§ 77 early possession permit (1) if the assignment within the scope of a development plan is carried out, can are the apportionment after the entry into force of the development plan, if the common of good requires 1. prior to installation of the apportionment plan the municipality or the other requirements or development carrier in possession of the land, in the building plan as areas within the meaning of § 9 para 1 No. 21 or section 55 para 2 and 5 set , instruct;
2. after apportionment plan and transfer of the boundaries of new land in the locality instruct other the apportionment procedure involved in the ownership of the land provided for in the apportionment plan for them or use rights.
(2) the welfare of the general public may require in particular the premature introduction into the possession of 1 in the cases of paragraph 1 No. 1 for the benefit of the municipality or of other needs - development institution, if measures for the realization of the development plan are pending, and the surfaces for the dedicated facilities and equipment the development or supply of the area needed be, 2. in the cases of paragraph 1 of no. 2 in favour of other Umlegungsbeteiligter , if urgent urban development grounds for obtaining of possession, and if these reasons far outweigh the interests of stakeholders in the further exercise of ownership.
(3) §§ 116 and 122 shall apply mutatis mutandis.

Section 78 process and material costs the community bears the costs of the proceedings and the expenses covered by contributions according to § 64 para. 3.

Tax and delivery exemption (1) transactions and negotiations that serve the conduct or avoid the apportionment, are § 79 including the correction of the public books, free of fees and similar non tax charges and expenses; This does not apply to the costs of litigation. According to national regulations, provisions remain unaffected.
(2) the duty exemption is to recognize by the competent authority without further scrutiny, if the assignment Authority assures that a business or a trial serves the implementation or avoidance of the apportionment.
Second section simplified assignment section 80 purpose, scope, responsibilities (1) which can community perform a transfer within the meaning of article 45 as simplified apportionment if in article 46, paragraph 1 referred to where requirements are met and if the apportionment only 1 immediately adjacent or exchanged in this close proximity plots or parts of land among themselves or 2 plots, especially splitter plots or parts of land , to be shared on one side. The exchanged or unilaterally allocated plots or parts of the land must be not buildable. A one-sided allocation must be in the public interest.
(2) on the simplified assignment, the provisions of the first section are to apply only insofar as the provisions of this section will determine this. An arrangement of the simplified apportionment by the municipality is not required.
(3) the simplified assignment is to perform, that according to the ratio of the value of its former estate to the value of the remaining plots as a plot in the same or equivalent position is allocated to each owner. A diminution in value caused by the simplified apportionment for the land owners may be just irrelevant. With the consent of the owner, 1 and 2 derogations can be made of the records.
(4) in the framework of the procedure affected easements simplified the apportionment and Baulasten can in accordance with the § 61 para 1 sentence 3 are rearranged and also newly established for that purpose and lifted. Affected liens can be reordered if the parties agree to a planned new State.
(5) the provincial governments to determine by regulations that the 1 and 2 formed apportionment committees also simplified Nr in accordance with article 46, paragraph 2 perform apportionment procedures independently. The provisions of § 46 para 4 to transfer the assignment on the land consolidation authority or other appropriate authority are for simplified apportionment procedures apply mutatis mutandis.

Cash benefits are (1) benefits which are effected by the simplified transfer, article 81 to compensate the owner's money. The rules on compensation in the second section of the fifth part shall apply accordingly.
(2) creditor and debtor of the cash benefits is the community. Stakeholders can make other arrangements with the approval of the municipality. The cash benefits are due with the contract notice according to § 83 para 1. § 64 para. 3, 4 and 6 about contribution and public load is apply accordingly, if the municipality is creditor of cash benefits.
(3) in-kind entitled, which rights are affected by the simplified transfer, are in this respect dependent on the monetary claims of the owner. For the deposit of cash payments and for the distribution procedure, the regulations apply the according to §§ 118 and 119.

Article 82 decision over the simplified apportionment (1) the municipality sets after discussion with the owners by decision the new limits as well as the money and regulates also the new establishment and cancellation of easements, liens and Baulasten in him, and to this end as far as it is necessary, the reorganization. Involved, which rights are affected by the decision, is to give the opportunity to comment before without permission. The decision must be suitable form and content to the transfer in the land registry.
(2) all those involved is an excerpt from the decision to place concerning their rights. It is pointed out that the decision at one point to be designated can be seen.

Section 83 notice and legal effects of simplified apportionment (1) the community has customary manner known to make, at which time the decision on the simplified assignment has become incontestable. § 71 para 2 of the early entry into force is to be applied accordingly.
(2) with the publication of the notice, the previous state of the law is replaced by the new State of law laid down in the decision on the simplified assignment. The notice includes the introduction of the new owner in the possession of the allotted land or land parts. § 72 para 2 of the enforcement is to be applied accordingly.
(3) ownership of exchanged or unilaterally allocated parts of land and land free from encumbrances transferred to the new owner; Safety certificates are not required. If parts of the plot or plots allocated a plot of land, they are part of this land. The rights in rem on the grounds include the allocated parts of land and land. Set 1 and set 3 half-sentence 1 only apply insofar as not according to § 80 para 4 something else resulting from a settlement.

§ 84 amending the public books (1) the municipality shall send the land registry and the authority responsible for the management of the real estate cadastre a certified copy of the decision on the simplified transfer, article 83, paragraph 1 tells the notice after the time and calls on them, enter the changes in the law in the land registry and the land registry. Section 74, paragraph 2 shall apply mutatis mutandis.
(2) for the costs of the simplified apportionment, the §§ 78 and 79 shall apply mutatis mutandis.
Part five expropriation first section admissibility of expropriation of § 85 expropriation purpose (1) according to this law book can be expropriated only to 1 according to the determinations of the development plan a plot to use to prepare for such use, 2. undeveloped or slightly constructed plots, which are, in particular to the closure of gaps, not in terms of a development plan, but within in the context of built-up districts according to the building regulations to use or dispense a structural use , 3. plots for the compensation in the country to procure 4. rights withdrawn through expropriation by new rights to replace, to feed 5 plots of building use, if an owner does not meet the obligation pursuant to article 176, paragraph 1 or 2, to get 6 within the scope of a preservation statute a monumental complex for the reasons referred to in section 172 para 3 to 5 or 7 within the scope of a statute for the assurance of implementing measures of urban restructuring referred to a structural system in section 171, paragraph 3 Reasons to get or to eliminate.
(2) does not affect the rules governing the expropriation other than the purposes referred to in paragraph 1, 2 remain to 1 national provisions on expropriation in paragraph 1 purposes referred to in no. 6.

§ 86 subject (1) expropriation expropriation can 1 removed from the ownership of land or charged;
2. other rights of land; withdrawn or debited
3. rights withdrawn will be, which entitle to purchase, possession or use of land or that restrict the debtor in the use of land; These include also return transfer claims according to the investment law;
4. to the extent that it is provided in the provisions of this part, legal relationships are established, grant the rights of the kind referred to in paragraph 3.
(2) on the accessory of a plot of land as well as on things that are connected or inserted in a building only for a temporary purpose with the plot, the expropriation must be extended only in accordance with § 92 section 4.
(3) the rules applicable to the withdrawal or pollution of the ownership of land are on the withdrawal, in paragraph 1 No. 2 to 4 designated rights according to apply load or justification.

§ 87 conditions for the admissibility of the expropriation (1) the expropriation is only allowed in the individual case, if the common of good requires it and the purpose of expropriation in other reasonable ways cannot be reached.
(2) the expropriation requires that the applicant seriously § 100 para 1 and 3 below offer of appropriate other country, in vain has endeavours to the hands-free acquisition of land to enteignenden on reasonable terms, under the same conditions. The applicant has to make, that the land is used for the purpose within reasonable period of time.
(3) the expropriation of land for the purpose to prepare it for structural use (§ 85 para 1 No. 1) or it should the structural use (§ 85 para 1 No. 2), only for the benefit of the community or public demand or developing carrier is permitted. In the cases of § 85 para 1, no. 5 may that expropriation of land in favour of imposed a construction complying, is able to perform construction within an appropriate period, and committed for this purpose. As far as the expropriation in favour of the community is allowed in the formally defined redevelopment area, this can be done also in favour of a rehabilitation institution.
(4) the admissibility of the expropriation is not affected by the provisions of the sixth part of the second chapter.

§ 88 expropriation for compelling urban reason is the expropriation of land by the municipality to the requested in § 85 para 1 No. 1 and 2 designated purposes for compelling urban reason, evidence that the community seriously in vain has committed to the hands-free acquisition of this land on reasonable terms is sufficient in place of section 87, paragraph 2. Sentence 1 is to apply accordingly if the expropriation of a parcel of land located in the formally defined redevelopment area in favor of the municipality or a rehabilitation institution is requested.

§ 89 the municipality has disposal obligation (1) to dispose of land, 1 which they acquired by exercising the right of first refusal or 2 that are been dispossessed in their favor to prepare them for the use of structural or architectural use to feed.
This shall not apply in the case of land used as Exchange land intended urban development measures for compensation in land, or for other public purposes. The disposal obligation is void, was gave matching spare land for land or transfer co-ownership of an estate or if land rights, rights under the condominium Act or other rights in rem on a plot were justified or granted.
(2) the community should sell a piece of land as soon as the purpose pursued by the acquisition can be carried out or slipped.
(3) the community has to sell the land, taking into account further sections of the population to persons who undertake to use the land within a reasonable period of time according to the building regulations or the goals and purposes of the urban action. While previous buyers, in the cases of paragraph 1 are in the cases of paragraph 1 1 No. 1 set set to take into account the previous owners 1 No. 2 as a priority.
(4) the community can fulfil their disposal obligation by you 1 transfers title to the property, 2. land rights or rights under the condominium Act or 3 other real rights justified or granted. Obtaining a claim on the acquisition of such rights shall be equivalent to their establishment or grant or of the transfer of ownership.

Article 90 expropriation of land compensation in land (1) the expropriation of land compensation in land (replacement land) is allowed if 1 to set the compensation of an owner after section 100 in country is, 2. the provision of land, are the urban planning in the context of the proposed development as a replacement, from the estate of the Enteignungsbegünstigten, nor the property of the Federal Government, the country , a municipality (Samtgemeinde) or a legal entity of private law at the Federal, the State or a municipality (Samtgemeinde) alone or together mainly involved, is possible and reasonable, as well as 3 from the Enteignungsbegünstigten suitable land by private treaty on reasonable terms, in particular, as far as this is possible and reasonable him, under offer of appropriate country from own assets or from the acquis by legal entities of private law , whose capital he is predominantly involved, can not be purchased.
(2) land subject to expropriation compensation in land, not if and as far as 1 the owner or instructed also the other beneficial on the plot to enteignende with his profession or employment in agricultural or forestry land and him in the interest of maintaining profitability of which cannot be expected to levy, or 2. the plots or their income immediately public purposes or the welfare , teaching, research, health and health care, education, physical education, or the tasks of the churches and other religious societies of under public law as well as their facilities are used or intended to serve.
(3) outside the territorial scope of a development plan and outside the districts built in the context land compensation in land can be expropriated only if they are to be used agricultural or forestry.
(4) the expropriation for the purpose of compensating an owner, whose Grundstück for the procurement of replacement land is expropriated, is inadmissible.

§ 91 replacement for withdrawn rights the expropriation for the purpose, to replace withdrawn rights by new rights, expropriation is allowed only as far as the replacement in the provisions of the second section is intended. They apply to the replacement of after rights by new rights by way of expropriation according to article 97, paragraph 2, sentence 3 in article 90, paragraph 1 and 2 of the expropriation compensation in land taken according to rules.

§ 92 scope, limitation and expansion of the expropriation (1) a plot of land may be expropriated only to the extent, where this is necessary to achieve the purpose of the expropriation. A strain of the grounds, with a right to the achievement of the purpose of the expropriation, the expropriation of this is sufficient to restrict.
(2) should be subjected to a plot of land with a ground lease, can require the owner to place the burden the deprivation of property. A plot with other rights should be loaded, the owner may require the deprivation of property, if the load with the REM law for it is unreasonable.
(3) to expropriated a plot of land or a geographically or economically contiguous land only to a part of be, the owner may claim the expansion of expropriation on the residual land or residual ownership as the rest property or the residual ownership no longer in reasonable amounts can be used structurally or economically.
(4) the owner may demand that the expropriation is extended to the items referred to in section 86, paragraph 2, if and as far as he can use them no more economically as a result of the expropriation or otherwise adequately exploit.
(5) a request is the hearing to claim pursuant to paragraphs 2 to 4 in writing or to the transcript with the expropriation authority until the very end.
Second section for the expropriation compensation principles (1) compensation article 93 is to compensate.
(2) the compensation is granted financial disadvantages occurring 1 for entering through the expropriation law loss, 2. for others by the expropriation.
(3) financial benefits, the the Indemnitees (section 94) arise as a result of expropriation, are taken into account when determining the compensation. Has a fault of the Indemnitees participated in the creation of a financial disadvantage, § 254 of the German Civil Code shall apply mutatis mutandis.
(4) for the calculation of the compensation of the condition of the land at the time in which the expropriation authority decides on the application for expropriation is decisive. The State at the time in which this becomes effective is decisive in cases of the early possession permit.

§ 94 of compensation justified and Entschädigungsverpflichteter (1) compensation may require who is affected by the expropriation in its right and suffers a financial loss as a result.
(2) for the performance of the compensation, the Enteignungsbegünstigte is required. Will spare land is expropriated, so one is obliged to compensate, which must obtain this spare land for the plot to enteignende.

Section 95 compensation for the loss of rights (1) expropriating the compensation for the loss of rights is calculated according to the market value (§ 194) of the land to enteignenden or other matter of the expropriation. The fair value at the date in which the expropriation authority decides on the application for expropriation is decisive.
(2) in determining the compensation shall be disregarded 1 appreciation of land occurred in the prospect of a change of the permitted use, the change is likely not anytime soon;
2. value changes that have occurred as a result of the impending expropriation;
3. increases in value that occurred after the time in which the owner to prevent the expropriation would, take a tender or exchange offer of the applicant with adequate conditions (article 87, paragraph 2, sentence 1 and § 88) unless the owner has spent on capital or work for them
4. value-enhancing changes that have been made during a change block without the approval of the Building Authority;
5. value-enhancing changes that have been made after the expropriation proceedings without official orders or consent of the expropriation authority;
6 agreements, insofar as they differ conspicuously from standard arrangements and facts justify the assumption that they have been taken to attain a higher compensation;
7 land values do not take into account would be if the owner would claim compensation in the cases of sections 40 to 42.
(3) for structural systems, whose dismantling at any time without compensation can be obtained on the basis of public service regulations, compensation is only be granted if it is necessary for reasons of equity. Dismantling without compensation only be requested as after expiry of a period, the compensation is calculated for the entire period to according to the ratio of the remaining.
(4) the value of the ownership of the land rights, is reduced third parties who maintain, newly founded on a different plot or separately compensated on the grounds this is in determining the compensation for the loss of rights be taken into account.

§ 96 trails of others through the expropriation of a financial disadvantages is compensation for other financial disadvantages (1) to grant compensation, only if and to the extent these disadvantages of assets not in compensation for the loss of the rights are taken into account. The compensation is fair considering the interests of the general public and the stakeholders to assess, in particular 1 but only up to the amount of effort of that is required to a different plot of land in the same way as the plot to enteignende to use for the temporary or permanent loss of the previous owner suffers in his career, his employment or in carrying out the tasks incumbent constitutionally,
2. the impairment caused by the expropriation of part of the property or a part of geographically or economically related real estate during the other part or through expropriation of law on a plot with a different plot, as far as the impairment not been in determining the compensation referred to in point 1 is considered;
3. the necessary expenses for relocating entails by the expropriation.
(2) in the case of paragraph 1, section 95 para 2 No. 2 is to apply no. 3.

Article 97 treatment of the rights of the collateral eligible (1) rights to the land to enteignenden, as well as personal rights to possession or use of land giving or limit the debtor in the use of the land, can be maintained, so far as this is compatible with the purpose of expropriation.
(2) as a substitute for a right to a land that is not maintained, the replacement land or other land of Enteignungsbegünstigten with same rights can be loaded with the consent of the been. A relationship can be established as a replacement for a personal right which is not maintained, with the consent of the right holder that grants a right of same type in terms of the replacement land or on a different property of the Enteignungsbegünstigten. As a substitute for real or personal rights of a public transport company or carrier of the public supply of electricity, gas, heat or water, which relies on it to carry out its wesensgemäßen tasks, are on his request equal rights to establish; as far as land of the Enteignungsbegünstigten are not suitable, other land claim can be taken for this purpose. Applications must be submitted in writing or to the transcript of the expropriation authority pursuant to sentence 3 prior to the hearing.
(3) as far as rights are not maintained or not replaced by new rights, are to compensate 1 heritage building legitimate, turbos-authorized, as well as holders of easements and rights of acquisition of the property, 2. holder of personal rights, which entitle to the estate or to the use of the land, if the persons entitled to the possession of the land is, separately for the expropriation of a parcel of land 3.
Holders of personal rights, which entitle to the acquisition of the land or restrict the debtor in the use of the land.
(4) authorized, which rights are not maintained, not replaced by new rights and not separately reimbursed, are entitled to replacement of the value of its right from the money compensation for the ownership of the land for the expropriation of a plot of land as far as extends their right to this. This applies to the monetary compensation that are set for the entering by the expropriation law loss in other cases or according to article 96, paragraph 1, sentence 2 No. 2.

§ 98 debt transition (1) with a mortgage that is maintained or replaced by a new law on other land by expropriation affected at the same time is personally liable, as the Enteignungsbegünstigte takes over the debt in the amount of the mortgage. The sections 415 and 416 of the Civil Code shall apply mutatis mutandis; seller within the meaning of section 416 is by expropriation to see patients.
(2) the same is true if a mortgage or pension debt, which maintain or by a new law on a different plot is replaced, which affected also personally liable by the expropriation, unless he has logged on and believable at the request of the expropriation authority or a party requiring existing against him, indicating their amount and reason at the latest in the date held on to section 108 to.

§ 99 financial compensation (1) the compensation is to provide this code unless otherwise permitted in a single amount. At the request of the owner, you can set the compensation in recurrent services if this be expected to other interested parties.
(2) for the load of a plot of land with a ground lease, compensation in a heritage building interest is payable.
(3) one-off compensation amounts are 2 per cent above the base rate according to § 247 of the civil code annually from the time period in which the expropriation authority decides on the application for expropriation. In the case of the early possession permit, the time is decisive, in which it becomes effective.

Section 100 has compensation in land (1) which is to be set at the request of the owner in an appropriate surrogate country, if he is instructed to ensure his career, his work or tasks the incumbent constitutionally on spare land compensation and 1 of the Enteignungsbegünstigte land suitable as replacement land, on which he is dependent on not with his career, his work or tasks the incumbent constitutionally , or 2. the Enteignungsbegünstigte hands-free can obtain appropriate surrogate country discretion obligation to moderate the expropriation authority on reasonable terms or 3. suitable spare land can be obtained by expropriation after article 90.
(2) the compensation in replacement land is set, are also the purpose of replacement lands and the period in which the plot for the purpose is to use to refer to. The sections 102 and 103 shall apply mutatis mutandis.
(3) subject to the conditions of the numbers 1 to 3 of paragraph 1, compensation at the request of the owner is to assess if a plot of land to be expropriated which is built up with a home or a small settlement even in an appropriate surrogate country. This does not apply if the dismantling of the building may be required at any time without compensation according to public service requirements.
(4) the compensation can be set at the request of the dispossessed or Enteignungsbegünstigten wholly or partly in replacement if this type of compensation is cheap discretion obligation to moderate the expropriation authority just considering the interests of the general public and the stakeholders and in the Enteignungsbegünstigten you no. There are 1 or 2 conditions laid down in paragraph 1.
(5) on the determination of the value of the replacement land is to apply Article 95 according to. This value increase can be taken into account, the other basic assets of learns of the expropriation affected by the acquisition of replacement lands whose value pursuant to sentence 1. The spare land has a lower value than the property to enteignende, additional monetary compensation corresponding to the value difference is to be set. Has the spare land a higher value than the property to enteignende, so is establishing that the indemnitee to the beneficiary by the expropriation has to make a compensation payment corresponding to the difference in value. The compensation payment is due with the fixed day according to § 117 paragraph 5 sentence 1 in the execution order.
(6) shall be the compensation in land, real or personal rights should be replaced, as far as she is not maintained on the property to enteignenden, at the request of the right holder wholly or in part in accordance with article 97, paragraph 2. As far as this is not possible or is not sufficient, are separately in money to compensate the owner of the rights; This applies to designated permissions that in section 97, subsection 4 only, as far as their rights are not covered by additional monetary compensation to be awarded to the owner under paragraph 5.
(7) applications must be pursuant to paragraphs 1, 3, 4 and 6 in writing or to the transcript of the expropriation authority in the cases of paragraphs 1, 3 and 4 before the start, and in the case of paragraph 6 to the end of the hearing (§ 108).
(8) joint ownership, leasehold rights or rights are under the condominium act as well to ensure the professional or employment of the person entitled or tasks the incumbent constitutionally, these rights in place of the replacement lands can be offered the owner. The owner is to take off in money, if he the him pursuant to sentence 1 offered compensation declines. section 101 shall remain unaffected.
(9) the owner is entitled to replacement land under paragraph 1 or 3 and he procured himself with the consent of the Enteignungsbegünstigten outside of the expropriation procedure replacement land or the rights referred to in paragraph 8, he is entitled to reimbursement of expenses against the Enteignungsbegünstigten. The Enteignungsbegünstigte is obliged to reimburse only so far as he himself saves expenses. Not concluded an agreement on the reimbursement, decides the expropriation authority; Article 122 shall apply accordingly for the decision.

§ 101 compensation by granting other rights (1) the owner of a to expropriating land rights under the condominium Act, to enteignenden any other rights which may at his request if this considering the concerns of the parties involved is cheap, wholly or partially be compensated 1 by order or transfer of ownership of a property, land rights, land or on other land cultivated of the Enteignungsbegünstigten or 2. by transfer of ownership of a plot of Enteignungsbegünstigten or 3 transfer of Ownership of a plot of land of Enteignungsbegünstigten, which should be built on with a home or a small settlement.
Value differences between the rights according to sentence 1 and the plot to enteignenden § 100 para 5 shall apply mutatis mutandis.
(2) the application must be referred to in paragraph 1 to writing at the end of the oral proceedings or of the minutes of the expropriation authority made.

§ 102 back expropriation (1) the dispossessed former owner may demand that the expropriated land to abdicate again is expropriated (rear expropriation), if and as far as 1 the beneficiary by the expropriation or his successor in title land not within the established time limits (article 113, paragraph 2 No. 3 and § 114) used for the purpose of expropriation or has abandoned the purpose of expropriation before the end of the period or 2. their commitment to the transfer has not complied with the community according to article 89.
(2) the return of expropriation cannot be required if the dispossessed even the plot by way of expropriation had purchased 1 according to the provisions of this code or of the land acquisition Act or 2. a procedure for the expropriation of the land has been initiated after this code in favour of other construction complying and the dispossessed former owner not plausibly that he will use the land within a reasonable period of time for the purpose.
(3) the application for readmission expropriation must be submitted within two years since the emergence of the claim to the competent authority of the expropriation. section 206 of the Civil Code shall apply mutatis mutandis. The application is no longer valid, if has been cases of paragraph 1 with the correct use started in the or the sale or issue of the land in ground lease prior to receipt of the application to the expropriation authority initiated.
(4) the expropriation authority may refuse the return expropriation where is the plot changed substantially or wholly or mainly compensation in land.
(5) the former holder of a right that is lifted by expropriation under the provisions of this code, under the conditions referred to in paragraph 1 may require that an equal rights to the previously polluted land to abdicate again is established by expropriation. The rules governing the expropriation of the back shall apply mutatis mutandis.
(6) for the procedure, apply paragraphs 104 to 122, according to.

§ 103 compensation for the expropriation of the rear
Request to return expropriation is approved, the applicant must return expropriation concerned compensation for the loss of the rights to make the. § 93 par. 2 No. 2 is not applicable. Is compensation for other financial disadvantages been granted the applicants the first expropriation, he to return this compensation in so far as the disadvantages due to the expropriation of back accounts for. The compensation to be granted to the owner shall not exceed the fair market value of the land underlying in the first expropriation, but expenses are taken into account which have led to an increase in value of the land. In addition, the provisions on compensation in the second apply section according to.
Third section expropriation procedure § 104 carried the expropriation authority (1) which is the expropriation of the higher administrative authority (expropriation authority).
(2) the provincial governments to determine by regulation that volunteer assessors to participate have on the decisions of the expropriation authority.

§ 105 application for expropriation is the application for expropriation in the municipality in whose area the property to enteignende is to submit. The municipality presents him with its opinion within one month of the expropriation authority.

Section 106 parties (1) where expropriation procedures are parties 1 the applicant, 2. the owner and those for which a right to the land or to a law burdening the property in the land register is registered or protected by registration, 3. holder of a right entered in the land register on the plot or a law burdening the property, a claim the right to satisfaction of the plot or a personal right , which is entitled to purchase, possession or use of land or the use of the land is limited, 4. if replacement is provided, the owner and the holder of the rights referred to in paragraphs 2 and 3 in respect of spare land, 5. the owners of the lands of that are affected by an expropriation after section 91, and 6 the municipality.
(2) the designated persons will be no. 3 in paragraph 1 at the time involved in the registration of their right of expropriation authority goes to. Registration can be done at the latest until the end of the hearing with the parties.
(3) a registered legal doubts, the expropriation authority to set a deadline for the applicant without delay to the Glaubhaftmachung of his right. After fruitless expiry of the period he is until the Glaubhaftmachung of his right not to participate.
(4) the holder of a mortgage, mortgage or pension debt, for which a letter is issued, registered in the land registry, as well as any of his successors Declaration has to give, whether someone else has purchased the mortgage, mortgage or pension debt, or a right to demand the expropriation authority; He has to call the person of a buyer. § 208 set 2 to 4 shall apply mutatis mutandis.

§ 107 preparation of the oral proceedings (1) the expropriation procedure should be performed quickly. The expropriation authority meet all orders even before the oral proceedings, which are required to do the procedure if at all possible in a trial date. She's the owner, be given the opportunity to submit its observations the applicant and the authorities for their Division is the expropriation of importance. In determining the facts of the case, the expropriation authority has to obtain an opinion of the Advisory Committee (section 192), when deprived of possessions or ordered a ground lease.
(2) the expropriation authority shall hear the Agriculture authority, when agricultural land, which are outside the territorial scope of a development plan, to be expropriated for compensation in land.
(3) expropriation procedures can be combined. You are to connect, if the municipality requests it. Associated expropriation procedures can be separated again.

Section 108 of the expropriation procedure and timing of the date for the oral proceedings; Expropriation notice (1) the expropriation procedure is initiated by fixing a date for a hearing with the parties. To the hearing are the applicant, to load the owner of the affected property, the parties arising from the land concerned and the community. The charge is to deliver. The charge period is one month.
(2) the expropriation procedure in favour of the community can already be initiated if 1 the draft of zoning plan has been made pursuant to section 3 para 2 and the negotiations 2 with the participating according to § 87 par. 2 and she discussed by them against the draft of zoning plan within the prescribed period put forward suggestions been are. The community can in same date according to § 87 par. 2 lead the negotiations and discuss the suggestions.
The procedure is to promote that the expropriation decision can be issued as soon as the zoning has become legally binding. An agreement can according to section 110 or 111 section also be legally binding development plan.
(3) that charge must 1 contain the designation of the applicant and of the affected property, 2. the essential content of the expropriation request indicating that the request with the attached documentation to the expropriation authority can be viewed him, 3. the request in writing to submit any objections to the expropriation request before the hearing with the expropriation authority if possible or to explain to the transcript and 4. the note , that can be decided also no-shows over the request for expropriation and applications for others in the process to be completed.
(4) the charge of persons whose holding is based on an application for compensation in land, must contain the name of the owner, whose obtaining compensation in land has been submitted, and of land, for which the compensation land should be granted, except the content prescribed in paragraph 3.
(5) the initiation of expropriation proceedings is to make customary manner known under name of the affected property and the registered in the land register as the owner, as well as the next date of the hearing with the parties. In the notice are to call on all parties, to exercise their rights at the hearing at the latest with the note that also in case of no-show the request for expropriation and applications for others in the process to be completed can be decided.
(6) the expropriation authority shall inform the land Office the initiation of expropriation proceedings. It calls on the land registry office, be entered in the land register of the affected land that the expropriation procedure is initiated (expropriation notice); the expropriation procedure is terminated, the expropriation authority asked the land registry to delete the notice of expropriation. The land registry has to notify the expropriation authority of all registrations that are made after the date of the expropriation proceedings in the land register of the affected land and be carried out.
(7) the arrangement of the forced sale or receivership is in the land register, the expropriation authority is the Court of the initiation of expropriation proceedings knowledge insofar as this relates to the plot, which is subject to the enforcement procedure.

§ 109 permit requirement (1) of the notice of expropriation proceedings to require the designated in article 51 law operations, projects, and splits the prior written approval of the expropriation authority.
(2) the expropriation authority may only fail the approval, if there is reason to believe, that the legal process, the project or the Division would make impossible the realization of the purpose of the expropriation or substantially more difficult.
(3) legal operations or projects are referred to in paragraph 1 before publication to be expected, the expropriation authority may order that the authorisation occurs already referred to in paragraph 1 to an earlier date. The arrangement is to introduce customary manner and to inform the land registry office.
(4) § 22 paragraph 5 sentence 2 to 5, article 51, paragraph 2, and article 116, paragraph 6 shall apply accordingly.

Section 110 (1) agreement which has expropriation authority on an agreement between the parties involved to work towards.
(2) the parties agree the expropriation authority has to make a record of the agreement. The transcript must comply with the requirements of section 113, paragraph 2. Be signed by the parties. A representative of the owner requires a publicly certified power of attorney.
(3) the certified agreement is equivalent to a no longer contestable expropriation decision. § 113 paragraph 5 shall apply accordingly.

Section 111 partial agreement some stakeholders only via the transition or the burden of property on the plot to enteignenden, but not over the amount of compensation, so is to apply according to article 110, paragraph 2 and 3. The expropriation authority shall order that an advance payment in the amount of compensation to be expected is the owner, unless otherwise specified in the agreement. In addition, the expropriation procedures takes his progress.

§ 112 decision the expropriation authority (1) If an agreement is not reached, decide the expropriation authority on the basis of the hearing by decision on the application for expropriation, the other supplied applications, as well as the raised objections.
(2) at the request of one of the parties, which has to decide the expropriation authority in advance about the transition or changes in the law to reject the burden of property on the enteignenden property, or on other expropriating. In this case, the expropriation authority is to arrange that an advance payment in the amount of compensation to be expected is the person entitled to make.
(3) the expropriation authority grants the application for expropriation, so deciding 1 about it at the same time, what rights of referred to in article 97 entitled on the subject-matter of the expropriation maintained remain, 2. Furthermore, with what the subject-matter of the expropriation, which weighed on spare land or other land, 3. Furthermore, what legal relationships are established, the rights designated type grant No. 3 and 4 in section 86, paragraph 1 , 4. in the case of compensation in replacement land through the transfer of ownership or the expropriation of the replacement lands.

§ 113 expropriation decision (1) the expropriation authority decision shall be notified to the parties. The decision is a teaching on admissibility to provide form and deadline of the request for judicial decision (§ 217).
(2) the expropriation authority grants the application for expropriation, the decision (expropriation decision) must be (1) means that of the expropriation affected and the Enteignungsbegünstigten;
2. the parties concerned;
3. the purpose of the expropriation and the period within which the land for the purpose is to use;
4. the subject matter of the expropriation, namely a) if the ownership of a plot of land subject to expropriation, the plot size, basic accounting, cadastre moderate and otherwise common name; in the case of expropriation of land part refer to its designation on surveying fonts (surveying cracks and maps), which are made by a body authorised to continue surveys or by a chartered surveyor, b) if another law on land subject to a separate expropriation is, this law according to the content and basic accounting designation, c) If a personal right to acquire , shall be entitled to possession or use of land or the debtor in the use of land, subject to a separate expropriation is limited, this law according to its contents and the reason for its existence, d) that section 86, paragraph 2 referred to in items, if the expropriation is extended to these
5. when the load of a plot of land with a law the type, content, as far as it can be determined by Treaty, as well as the rank of law, the legitimate and the plot;
6. to establish a right of number 4 letter c referred to in type the content of the legal relationship and the involved;
7. the property rights and other legal relations before and after the expropriation;
8. the type and amount of compensation and the amount of compensation payments according to section 100, paragraph 5, sentence 4 and § 101 paragraph 1 sentence 2 stating by whom and to whom to make them are; Money compensation, from which others are to compensate affected parties according to § 97 paragraph 4 of expropriation, must separately by the other monetary compensation;
9. when the compensation in land the land where in number 4 letter a designated way.
(3) in the cases of §§ 111 and 112 (2) of the expropriation decision to limit is.
(4) can a part of land not yet according to paragraph 2 letter a no. 4 be described, so the expropriation decision can refer to him on the basis of fixed features in nature or by reference to the entry in a map. If the result of the survey, is the expropriation decision by a supplementary decision to adapt.
(5) the arrangement of the forced sale or receivership is in the land, the expropriation authority is the Court of the expropriation decision knowledge if request for expropriation is been approved.

§ 114 running the use period (1) the period within which the purpose of expropriation pursuant to article 113, paragraph 2 is to implement no. 3 begins with the entry of the change in law.
(2) the expropriation authority may extend this period before its expiration upon application if 1 the Enteignungsbegünstigte proves that he can not meet the purpose of expropriation without fault within the deadline, or 2 before the deadline occurs a universal succession and the successor in title can prove that he can not fulfill the purpose of the expropriation within the deadline.
The dispossessed former owner can be heard before the decision on the extension.

Section 115 should be set the compensation of the owner of a plot of land to enteignenden procedures for compensation by granting other rights (1) § 101 and the appointment, transfer, or the determination of the value of one of the rights referred to there at the time of the adoption of the expropriation decision is not possible, the expropriation authority can give up, when it requested the owners as a right, the Enteignungsbegünstigten in the expropriation decision in addition to determining the financial compensation , within a certain period of time which of the expropriation to offer victims a right of to reasonable conditions way referred to.
(2) the Enteignungsbegünstigte within the certain period of time does not offer a right of type of designated or he not settles concerned with which of the expropriation one is him so right to request for the benefit of the deprived of the affected by expropriation of the expropriation. The expropriation authority sets the content of the law, as far as its content can be determined by agreement. The provisions of this part of the procedure and the compensation are to be applied accordingly.
(3) the request referred to in paragraph 2 is used only within six months of expiry of the specified period.

Section 116 is urgently needed early possession permit (1) the immediate execution of the proposed measure on grounds of the well-being of the general public, so the expropriation authority may instruct the applicant on application by decision in the possession of the land affected by the expropriation procedure. The ownership permit is allowed only if it is been negotiated at a hearing. The decision on the ownership permit is the applicant, to provide to the owner and the immediate owner. The ownership permit becomes effective at the time designated by the expropriation authority. This time is at least two weeks after the notification of the arrangement of the early possession permit him to be set at the request of the immediate owner.
(2) the expropriation authority can make the early possession permit by the lodging of a security in the amount of the expected compensation and previous compliance with other conditions. At the request of the owner of a right that is entitled to possession or use of land, the briefing by the lodging of a security in the amount of compensation is expected to be granted to him is subject to. The arrangement is the applicant, to provide to the owner and the owner.
(3) by the permit of possession of ownership is removed from the owner and the owner of trained. The trained may run the building project described in the application for expropriation by him on the property and take the necessary measures.
(4 has) assigned for the resulting from the early possession permit assets disadvantages to compensate, as far as the disadvantages not by the interest rate on the money compensation (§ 99 para 3) must be compensated. Type and amount of compensation be fixed at the latest by the expropriation authority in the decision referred to in section 113. The decision about the type and amount of compensation previously issued, he it the in paragraph 2 must be to set 3 designated persons. The compensation for the possession instruction is without regard to whether a request for judicial decision is made, to which paragraph 1 sentence 4 referred to in time due.
(5) at the request of one in paragraph 2 sentence 3 designated persons has to determine the condition of the property before the ownership permit the expropriation authority in a transcript, insofar as he is for the Besitzeinweisungs - or the expropriation compensation of importance. A copy of the transcript is the parties to send.
(6) where expropriation request is rejected, the early possession permit to pick up and the previous direct owner again in possession is to be. The trained has all special disadvantages caused by the premature introduction of possession to compensate. Paragraph 4 sentence 2 shall apply accordingly.

Section 117 of the expropriation decision (1) is the expropriation decision or decisions are no longer be appealed, pursuant to article 112 paragraph 2 so the expropriation authority maps the execution of the expropriation decision or ruling on (execution order) at the request of a party, if the beneficiary by the expropriation has paid the money compensation, in the case of a preliminary advance fixed according to article 112, paragraph 2, sentence 2 or deposited in a permissible manner under a waiver of the right of withdrawal. At the request of the party entitled to compensation the expropriation authority can the execution order of which make subject in the case of § 112 para 2 that the beneficiary by the expropriation in addition providing security for a reasonable amount.
(2) in the cases of § 111, the execution order is to be issued, at the request of a party, if the beneficiary by the expropriation has the undisputed between the amount of compensation paid or deposited in a permissible manner under a waiver of the right of withdrawal. Paragraph 1 sentence 2 shall apply accordingly as far as is not otherwise specified in the agreement.
(3) in the case of § 113 4, the execution order is to be issued at the request of a party, if has the beneficiary by the expropriation the money compensation set in the expropriation decision in connection with the supplementary decision paid or deposited legitimately under waiver of the right of withdrawal. The supplementary decision needs to be not final.
(4) the execution order shall be notified to all participants, whose legal position is affected by the expropriation decision. The execution order is received to inform the municipality in whose district lies the land affected by the expropriation. § 113 paragraph 5 shall apply mutatis mutandis.
(5) with the day of to be determined in the execution order, the previous state of the law is replaced by the new State of law governed by the expropriation decision. At the same time you incur pursuant to article 113, paragraph 2 No. 6 justified legal relationships; they are agreed between the parties involved in the legal relationship from that point on.
(6) the design arrangement includes the briefing in the possession of the expropriated land and the replacement lands to the set day.
(7) the expropriation authority shall send a certified copy of the expropriation decision and the execution order the land Office and asked it to enter the changes in the law in the land register.

§ 118 money compensations from which other eligible according to § 97 para 4 to satisfy are, deposit (1) shall be deposited, as far as several people on her are entitled and an agreement on the withdrawal has not been established under a waiver of the right of withdrawal. The deposit is done at the District Court in whose district the property affected by the expropriation is located; § 2 of the foreclosure law shall apply mutatis mutandis.
(2) other provisions according to which the deposit is required or permitted, are not affected by this.

§ 119 after entry of the new law State distribution procedure (1) anyone can involved his right on the deposited sum against an involved, denies this right, claim in the ordinary courts or request the initiation of legal proceedings of the distribution.
(2) the distribution procedure the Court is responsible for, in whose district lies the land affected by the expropriation; in cases of doubt, section 2 of the foreclosure law shall apply mutatis mutandis.
(3) on the distribution procedure are the rules governing the distribution of proceeds in the event of foreclosure, with the following exceptions apply: 1. is the distribution method by decision to open;
2. the service of the opening decision to the applicant is considered for seizure within the meaning of § 13 of the foreclosure law; the land already in an escrow - or receivership proceedings is seized, so it has leave;
3. the distribution Court at the Proceedings officio to ask the land registry to that in section 19 para 2 of the foreclosure law communications referred to; in the certified copy of the land register sheet you are the delivery of the expropriation decision expropriated existing entries as well as the later registered changes and deletions at the time to record;
4. when the procedure in section 97, subsection 4 are account designated entitled to compensation in accordance with § 10 of the foreclosure law, because the claims on recurring benefits only for the time up to the deposit.
(4) as far as the distribution of the proceeds in the event of a foreclosure not by the Court, but another agent to perceive is in accordance with national provisions, can be determined by the law of the land that this other place also for the paragraphs 1 to 3 is responsible distribution process after. Called for the amendment of a decision of this elsewhere, the decision of the Court of enforcement is to seek. The appeal is against the decision of the Court of enforcement.

§ 120 suspension of expropriation decision (1) has been taken the execution order yet, so the expropriation authority has to cancel the expropriation decision on request, if the beneficiary by the expropriation imposed payments has made that him by expropriation decision within one month after the date, in which the decision has become final. Each participant which not paid compensation to or is to satisfy the § 97 para 4 of her is eligible to apply.
(2) prior to the abrogation of the beneficiary by the expropriation is listen. The suspension decision is to deliver all those involved and to inform the community and the land registry received.

§ 121 costs (1) the applicant must bear the costs if the application for expropriation is rejected or withdrawn. Is granted the request for expropriation, the Indemnitor has to bear the costs. A request to return expropriation is allowed, so has by the rear expropriation costs to affected parties. An application for one of the other parties is rejected or withdrawn, you are this by treating his request to impose costs, if his request was manifestly unfounded.
The cost of the procedure and necessary for the adequate legal action or legal defense expenses of the parties involved are cost (2). The fees and costs incurred by a lawyer or an agent, and other are refundable, if the approval of a representative was necessary. Expenses for an agent, for the fees and expenses are not provided for by law, will be reimbursed only up to the amount of legal fees and disbursements of lawyers.
(3) expenses incurred through the fault of a person entitled to reimbursement has to wear this myself; a representative's fault is attributable to the represented person.
(4) the costs of the proceedings are based on the national regulations. The expropriation authority imposes costs in the expropriation decision or by a special resolution. The decision also determines whether the consultation of a lawyer or an other nominee was necessary.

§ 122 of enforceable title (1) taking enforcement under the provisions of the civil procedure code on the enforcement of judgments in civil litigation instead of 1 from the minutes of an agreement for the services referred to in it;
2. from no longer anfechtbarem expropriation decision because the money compensation to be paid or a payment of compensation;
3. made a decision about the premature introduction of ownership or repealed due to the performance fixed therein.
The foreclosure due to a compensatory payment is only admissible if the execution arrangement has become effective and inappellable.
(2) the engrossment is granted by the Registrar of the registry of the District Court in whose district the expropriation authority is established and, if the procedure in a court is pending by the clerk of the clerk of this Court. In the cases of §§ 731, 767-770, 785, and 786 of the code of civil procedure is the District Court in whose district the expropriation authority is established in the place of the Court of process.
Part six development first section general rules of § 123 development load (1) tapping is task of the community, insofar as it is whether another not to other legislation or public service obligations.
(2) the systems of development of to cost-effectively manufactured according to the requirements of building and transport and at the latest until the completion of the connected structures be usable.
(3) a legal right to access does not exist.
(4) the entertainment of the development equipment depends on national legislation.

§ 124 development obligation after contract combines off has the community adopted a development plan within the meaning of article 30, paragraph 1 and she refuses the reasonable offer to an urban contract about the development, it is obligated to carry out the development itself.

§ 125 binding to the zoning (1) that is making the development schemes within the meaning of section 127, paragraph 2 a land-use plan ahead.
(2) a development plan is not available, so these systems can be used only, if it complies with the requirements referred to in § 1 para 4 to 7.
(3) the legality of development systems is unaffected by deviations from the determinations of the development plan, if the deviations with the broad of planning are compatible and 1 remain the development systems behind the determinations or 2. be subjected to the Erschließungsbeitragspflichtigen in a construction production no more than and the deviations do not significantly affect the use of the affected land.

§ 126 has the attachment of 1 obligations of the owner (1) of the owner.
Fixtures and cables for lighting street lighting including the lighting fixtures and accessories, 2. flag and signs for plants of development of on his land to tolerate. He is to notify beforehand.
(2) the carrier of development of damage caused by attaching or removing the items referred to in paragraph 1, the owner has to eliminate; Instead, he can afford a reasonable compensation in money. Not concluded an agreement on the compensation, shall decide the higher administrative authority; the parties are to hear before deciding.
(3) the owner has to provide his plot with the number set by the municipality. In addition, the national rules.
Second section development contribution section 127 survey the development contribution (1) the municipalities charge to cover their not otherwise covered expenses for systems of development of a development contribution in accordance with the following provisions.
(2) systems of development of are the public to grow in terms of this section 1 certain roads, paths and squares;
2. the public not navigable for legal or factual reasons with motor vehicles traffic facilities within the building areas (such as walkways, residential routes);
3. firm within the construction areas; Firm are public roads, paths and squares, which determines itself not for cultivation, but are necessary for the development of land;
4. parking spaces and green areas with the exception of children's playgrounds, insofar as they part are necessary in traffic facilities referred to in paragraphs 1 to 3 or to urban principles within the areas of the building to their development;
5. installations for the protection of construction areas against harmful environmental impacts within the meaning of the Federal Immission Control Act, even if they are not part of the plants of of development of.
(3) the development contribution can the uncovering for the land acquisition, and independently charged for unlocking parts (cost Division).
(4) the right to levy charges for facilities which are not development schemes within the meaning of this section, shall remain unaffected. This applies in particular to installations for the disposal of waste water, as well as to the supply of electricity, gas, heat and water.

§ 128 scope of development effort (1) the development cost after section 127 includes the cost for 1 purchase and the excavation of land for the systems of development of;
2. your first-time production including the facilities for their drainage and its illumination;
3. the acquisition of equipment as a municipal development systems.
The development effort includes also the value of the land provided by the municipality of their assets at the time of the deployment. The costs for the acquisition of the land for development systems, belongs in the case of a development contributors grant within the meaning of section 57, sentence 4 and of § 58 para 1 sentence 1 the value according to article 68, paragraph 1 to collect no. 4 (2) as far as the eligible municipalities under State law, contributions to the cost of extensions or improvements of development systems, this law shall remain unaffected. The countries can determine that the cost for the lighting of the development facilities in the development effort not to include.
(3) the development expenses include the cost for 1 bridges, tunnels and underpasses with the associated ramps;
2. the roadways of the city passages of federal highways and country roads I. and II. right, as far as the tracks of these roads require no wider than their subsequent free routes.

Contributions section 129 of Beitragsfähiger development effort (1) to cover the otherwise unmet development effort can only as far as imposed, as the systems of development of are required to commercially operate the building areas and which to use land according to the building regulations (post-enabled development effort). As far as facilities are made pursuant to § 127 subsection 2 by the owner or be required by him in accordance with General provisions, posts may not be levied. The municipalities carry at least 10 per cent of the pensionable development effort.
(2) cost, the owner or his legal predecessor already for development measures adopted that may again be levied when the takeover as a municipal development systems.

§ 130 type of determining the pensionable development effort (1) the post-enabled development effort can be determined according to the costs actually incurred or according to unit rates. The unit rates are set according to the in the municipality of usually average costs of comparable development systems.
(2) the post-enabled development effort can be determined for the individual development system or for specific sections of a development system. Sections of a development system can be made according to locally recognizable characteristics or according to legal aspects (such as limits of zoning areas, assignment areas, formally defined redevelopment areas). For multiple systems, which form a single unit for the development of the land, the development effort as a whole can be determined.

Standards for the distribution of development effort (1) which determined contribution enabled development effort for a development system is on the land developed by the plant to distribute § 131. Multiple urban plots are for common effort determination in a development unit (section 130 subsection 2 sentence 3) in the distribution of development effort to take into account only once.
(2) distribution standards are 1 the nature and the extent of structural or other use;
2. the land;
3. the land width on the development system.
The distribution standards can be connected to each other.
(3) are areas which can only be accessed after the enactment of the Federal building, when a different structural or other use is allowed to apply the standards referred to in paragraph 2 in the way that the diversity of this use is met by type and size.

Section 132 regulation by statute the communities rules by statute 1 the nature and scope of development schemes within the meaning of § 129, 2. the kind of determination and the distribution of the burden, as well as the level of the unit rate, 3. the cost splitting (§ 127 para 3) and 4. the characteristics of the final production of a development system.

§ 133 subject and emergence of (1) the obligation to contribute dues are subject to fixed land for a constructional or commercial use is, may be once she built or commercially used. Urban plots for a constructional or commercial use is not fixed, are subject to the obligation to contribute if they are land according to the traffic and are according to the assigned structural development of the community for development. The community is pleased to announce which plots 2 of the contribution obligation subject to sentence; the notice does not create rights effect.
(2) the obligation to contribute arises with the final production of the tapping equipment, amounts, once the measures, which required should be covered by the amounts are completed. In the case of section 128 paragraph 1 sentence 1 No. 3 is the obligation to contribute with the acquisition by the municipality.
(3) for a plot of land for a contribution obligation still not or not emerged fully, advance the development contribution may be required up to the amount of the expected final development contribution, when a construction project on the property is approved, or if with the fabrication of the development equipment has been started and is to expect the final production of the development facilities within four years. Advance performance is to charge even if the advance leist is not contributions with the final contribution debt. That adoption of the advance power notification still not emerged dues six years after, advance performance can be reclaimed when the development system is still not usable until that time. The refund claim is to interest a year from collecting advance performance with 2 per cent above the base rate according to § 247 of BGB (Bürgerliches Gesetzbuch) (civil law. The municipality may make provisions for the replacement of the development contribution as a whole before emergence of the obligation to contribute.

Section 134 of commences (1) who is the owner of the land at the time of the announcement of the contribution decision may contributions. The plot with a ground lease is loaded, so the heritage building authorized in place of the owner is contributions. The plot with a real right of use is charged, pursuant to article 233 § 4 of the introductory act to the civil law book the holder of this right in place of the owner's contributions. Several contributory liable severally; Residential and fractional ownership, individual housing and part owner only according to their share of the co-ownership are contributions.
(2) the contribution rests as a public burden on the property, in the case of paragraph 1 sentence 2 on the ground lease, in the case of paragraph 1 sentence 3 on the real right of use, in the case of paragraph 1 sentence 4 on the housing or the part-ownership.

§ 135 due date and payment of the contribution (1) is the contribution a month after the announcement of the contribution decision due.
(2) the municipality may admit to prevent undue hardship in individual cases, in particular as far as this is necessary for the implementation of approved construction, that the development contribution rates or form will be paid a pension. Financing a project is secured, so payment of disbursement of funds should be adapted, but not more than two years, extending.
(3) the community permits under paragraph 2 a retirement, so is the development contribution by ruling in to convert a debt that is payable in a maximum of ten year services. In the notification are height and time of maturity of the year services to determine. The respective balance is to pay interest on a year with not more than 2 per cent above the base rate according to § 247 of BGB (Bürgerliches Gesetzbuch) (civil law. The year services are equal recurring services in the meaning of § 10 para 1 No. 3 of the foreclosure law.
(4) land is agricultural or the post so long interest-free for hours, as the land must be used to maintain the profitability of the farm is used as a forest. Sentence 1 applies also to the cases of the use provision and operation transfer to family members in the meaning of § 15 of the tax code. The contribution is also interest-free for hours, as long as land be used as allotments within the meaning of the Federal allotment.
(5) in the case the municipality can refrain wholly or in part by the imposition of the development contribution, if this is necessary in the public interest or to prevent undue hardship. The exemption can be provided also for the case that contributions have not suffered.
(6) further national equity provisions remain unaffected.
Part seven measures for the conservation of section 135a obligations of the carrier of the project; Implementation by the community; Set measures to compensate in the meaning of § 1a para 3 reimbursement of costs (1) are carried out by the project proponents.
(2) as far as measures to compensate elsewhere paragraph 1a are associated pursuant to § 9 the land, the community will provide the necessary surfaces these in place and at the expense of the project or the owners of the land do and also, unless secured in other ways. The measures in response to the can be carried out before the construction work and the allocation.
(3) the costs can be claimed as soon as the land on which interventions are to be expected, constructional or commercial may be used. The municipality collects a reimbursement amount to cover their expenses for measures to compensate for including the provision for this required areas. The obligation to refund is created with the production of measures to compensate through the community. The amount of rest as a public burden on the property.
(4) the national regulations on municipal posts including the equity rules are apply mutatis mutandis.

b distribution standards for billing as far as the municipality performs measures to compensate pursuant to section 135a para 2, § 135. to distribute the cost on the associated land Distribution standards are 1 the permissible plot, 2. the allowable floor area, 3. the sealing to be expected or 4. the severity of the expected intervention.
The distribution standards can be connected to each other.

section 135c statutory law the community can be regulated by statute 1. principles for the design of measures to compensate according to the determinations of a development plan, 2. the amount of the reimbursement of costs according to section 135a; in section 128, paragraph 1, sentence 1 is no. 1 and 2 and set, 3. apply 2 the type of the cost calculation and the level of the unit rate according to § 130, 4. the apportionment of costs pursuant to § 135 b including an in-patient of the severity of to expected interventions according to Habitat and use types, 5. the requirements for the request of advances, 6 the due date of the reimbursement amount.
Second chapter special urban planning law first part urban renovation measures the first section general rules section 136 urban renovation measures (1) urban renovation measures in city and country, whose uniform preparation and rapid implementation in the public interest lie, prepared according to the rules of this part and performed.
(2) urban renovation measures are measures which an area to resolve urban ills is substantially improved or redesigned. Urban planning abuses exist if 1 the area does not comply with the General requirements on healthy living and working conditions or to the safety of living in it or working people also taking into account the issues of climate protection and climate adaptation according to its existing buildings or other nature, or 2. the area in the fulfilment of the tasks is significantly impaired, whether it referred to are its location and function.
(3) in assessing whether in an urban or rural area urban ills exist, are in particular to be considered 1 the living and working conditions or the safety of the people living in the area and working on a) exposure, tanning, and ventilation of apartments and workplaces, b) the structural characteristics of buildings, homes and workplaces, c) the accessibility of land , d) the effects of an existing mix of residential and work places, e) the use of developed and undeveloped land according to type, size and condition, f) the impacts posed by land, operations, facilities or transport systems, in particular by noise, pollution and vibrations, g) the existing development, h) the energetic nature, the energy performance of existing buildings and the supply facilities of the region, taking into account the General requirements for climate protection and climate adaptation.
2. the functioning of the area on a) traffic flowing and dormant, b) the economic situation and the development capacity of the area, taking into account its supply function in the catchment area, c) the infrastructural development of the area, its facilities with green spaces, playgrounds and sport areas and systems of community needs, in particular taking into account the social and cultural tasks in this area in the catchment area.
(4) urban redevelopment measures serve the well-being of the general public. You should help that 1 the building structure to improve the economic and agricultural structure is supported in all parts of the Federal territory according to the General requirements for climate protection and adaptation and is developed according to the social, health, economic, and cultural needs, 2., 3. the settlement structure corresponds to the requirements of environmental protection, the requirements of healthy living and working conditions of the population and demographic trends or the existing districts will receive 4. , is renewed and be developed, improved the design of local and landscape, and monument protection requirements into account.
The public and private interests are to weigh against each other and meet each other.

§ 137 rehabilitation to participation and involvement of those affected with the owners, tenants, tenants and other interested parties will be discussed as early as possible. The parties concerned should be encouraged to participate in the restructuring and to carry out the necessary structural measures and advise this to the extent of possible.

§ 138 information disclosure (1) owner, tenant, tenants and other owned or authorized for the use of land, building, or part of the building as well as their authorized representative are obliged to give information about the facts, knowledge of which to assess the rehabilitation means of an area or for the preparation or implementation of the remediation is required the municipality or its agent. Personal data, in particular, identification of the persons concerned may be collected about their personal lives in the economic and social fields, namely professional, employment and family conditions, age, housing needs, the social relations and the local bindings.
(2) the personal data collected pursuant to paragraph 1 may be used only for purposes of rehabilitation. The data is collected by a representative of the community, they may be distributed only on the community; the municipality may disclose the data to other officers within the meaning of section 157, as well as to the higher administrative authority insofar as this is necessary for purposes of rehabilitation. After the formal establishment of the redevelopment area, the data is to delete. As far as the data collected for taxation are required, they may be distributed to the financial authorities.
(3) which are representative with the collection of data to undertake at its establishment, in accordance with paragraph 2. Their duties continue after termination of their activities.
(4) to use Auskunftspflichtiger which is information, referred to in paragraph 1 § 208 set 2 to 4 about the threat and fixing a penalty according to a denied. The party may refuse the information on such questions, whose answer himself or an expose of the Nos. 1 to 3 of the code of civil procedure referred to members of the danger of criminal prosecution or proceedings would in section 383, paragraph 1 according to the law of administrative offences.

Section 139 to participation and involvement of public authorities (1) the Federal Government, including its funds, the countries, the community associations and other bodies, institutions and foundations under public law within the framework of the tasks that support preparation and implementation of urban renovation measures.
(2) § are 4 section 2 and Section 4a para 1 to 4 and 6 in the preparation and implementation of renovation on authorities and other carrier public interests to apply mutatis mutandis. The public interests have the community also changes its intentions to teach.
(3) is intended to change goals and purposes of the rehabilitation or of measures and planning the institution of public interests, which were matched, have those involved immediately with each other in the consultation to put.
Second section preparation and implementation section 140 preparation the preparation of rehabilitation is task of the community; It includes 1 the preparatory investigations, 2. the formal establishment of the redevelopment area, 3. determining the objectives and purposes of rehabilitation, 4. urban planning; the urban development planning or a framework planning, 5. includes the discussion of the proposed redevelopment, 6 insofar as it is necessary for the renovation the elaboration and updating of the social plan, 7 individual order and building work carried out before a formal determination of the redevelopment area.

§ 141 preparatory studies (1) the community has making the preparatory investigations prior to the formal establishment of the remediation area or cause, that are required to win assessment documents about the need for rehabilitation, the social, structural and urban conditions and contexts as well as to General objectives and the feasibility of rehabilitation in General. The preparatory studies should also include adverse effects, expected to be arising directly affected in their personal circumstances in terms of economic or social for of the proposed redevelopment.
(2) from preliminary investigations may be waived, if sufficient assessment documents are already available.
(3) the municipality shall initiate the preparation of rehabilitation by the decision on the beginning of the preparatory studies. The decision is to make customary manner. This is to point out the obligation to supply information according to § 138.
(4) with the local publication of the decision on the beginning of the preparatory investigations find the articles 137, 138 and 139 of the involvement and participation of stakeholders, information disclosure and the participation and involvement of public authorities application; at that time, section 15 on the implementation of a project in the sense of § 29 par. 1 and to the Elimination of a structural system is apply mutatis mutandis. With the formal establishment of the redevelopment area an informed of the deferral of the construction application, as well as a decision on the deferral of the removal of a structural system is cancelled pursuant to sentence 1 second half of sentence.

§ 142 redevelopment statute (1) that can commune a field, in the a urban rehabilitation measure should be performed, by decision formal redevelopment area set (formally designated redevelopment area) as. The redevelopment area is to limit that the renovation can be functionally perform. Individual plots, which are not affected by the restructuring, wholly or in part may be exempted from the area.
(2) stems from the aims and purposes of redevelopment, areas outside the formally defined redevelopment area 1 for replacement buildings or replacement equipment must accept the formally defined redevelopment area or 2nd for the by the rehabilitation-related community needs or follow-up facilities to spatially contiguous House by residents or businesses from (replacement and addition areas) that can formally define appropriate areas for this purpose to a municipality. The formal definition and the effects resulting from their are to apply rules applicable to formally designated rehabilitation areas.
(3) the community decides the formal establishment of the redevelopment area as articles of Association (statutes of the renovation). The redevelopment area is in the restructuring Statute. Decision on the restructuring statute the period is at the same time by decision to set, where the remediation should be performed; the period should not exceed 15 years. The refurbishment not be performed within the time limit, the period may be extended by decision.
(4) in the remediation statutes, the application of the provisions of the third section is to exclude, if it is not required for the implementation of the restructuring and implementation this is not expected to be complicated (simplified redevelopment procedures); in this case, also the authorisation can be excluded in the restructuring statute according to § 144 total, according to article 144, paragraph 1 or article 144, paragraph 2.

§ 143 announcement of the restructuring Statute, restructuring note (1) the community has the restructuring statute object known to make. She may also customary manner disclose; been decided a renovation statutes § 10 para 3 sentence 2 to 5 shall apply accordingly. -Except in the simplified redevelopment procedures - to indicate the provisions of the third section is in the notice pursuant to sentences 1 and 2. With the announcement, the restructuring statute will become legally binding.
(2) the community shares with the legally binding statutes of rehabilitation the land registry and has individually performing the land affected by the restructuring statute here. The land registry has to enter in the land registers of this land that a renovation is performed (renovation notice). § 54 paragraph 2 and 3 shall apply accordingly. Sentences 1 to 3 are not to apply if the restructuring Statute, the permit requirement is excluded pursuant to article 144, paragraph 2.

Section 144 approval projects and legal operations (1) In the formally defined redevelopment area require the prior written approval of the municipality 1 that article 14, paragraph 1 referred to in projects and other measures;
2. agreements, through the contractual relationship thereto through the use, or the use of land, building, or part of the building is entered into or extended fixed term of more than one year.
(2) in the formally defined redevelopment area, the valid sale of a plot of land and the order and sale of a ground lease need written approval of the municipality 1.
2. the appointment of a law burdening the property; This does not apply for the appointment of a right that is the implementation of construction works within the meaning of § 148 paragraph 2 in the context;
3. a contractual agreement which establishes a commitment to one of the transactions referred to in paragraph 1 or 2; the debt agreement is approved, the real legal transaction carried out in execution of this contract shall be deemed accepted;
4. the establishment, change or termination of Baulast;
5. the Division of real estate.
(3) the municipality may grant approval for the formally-designated redevelopment area or parts of thereof in General for certain cases; She has known this object to make.
(4) any approval 1 projects and legal operations, if the municipality or the Redevelopment Agency for the trust assets as part of the contract or owner is involved;
2. legal operations referred to in paragraph 2 No. 1 to 3 for the purposes of the anticipation of death;
3. project No. 1, which: have been approved pursuant to paragraph 1 prior to the formal establishment of the redevelopment area, projects referred to in paragraph 1 No. 1, of which the municipality gained knowledge in accordance with the building regulations law and with their execution before the entry into force of the modification lock may be continued, as well as maintenance work and the continuation of a previously exercised use;
4. the legal situation referred to in paragraph 1 are no. 2 and paragraph 2, the purposes of national defence;
5. the contractual purchase of land included in a procedure within the meaning of article 38 by the agencies.

§ 145 approval (1) permission is granted by the municipality; Section 22 par. 5 sentence 2 to 5 shall apply accordingly. Is a building permit or in its place a building consent required, is granted approval by the Building Authority in consultation with the community. In the case of the set 2 is the approval within two months of receipt of the application for the building permit authority to decide; § 22 paragraph 5 set of 3 to 6 is with the subject according to apply, that the approval period may be extended up to two months.
(2) the authorisation may be refused only if there is reason to believe, that make impossible the implementation of rehabilitation projects, the legal process including the Division of property or the use thus identifiable by object or considerably more difficult, or objectives and purposes of the rehabilitation would run counter to the.
(3) the approval is granted if the major impediment this is eliminated, that stakeholders for the implementation of rehabilitation for himself and their successors in case 1 in the cases of section 144, paragraph 1 No. 1 on compensation for the value increases induced by the project, as well as for value-enhancing changes that are made on the basis of the use intended with the intention , forego;
2. in the cases of section 144, paragraph 1 No. 2 or 3 on compensation for the abolition of the law, as well as for value-enhancing changes without No. 2 or paragraph 2, be carried out on the basis of these rights.
(4) the authorisation may be subject to certain conditions, in the cases of section 144, paragraph 1 also temporarily or conditionally granted. Section 51, paragraph 4, sentence 2 and 3 shall apply accordingly. The approval may be subject of an urban contract if this grounds for refusal are eliminated within the meaning of paragraph 2.
(5) the approval is failed, the owner of the municipality may require the acquisition of the land if and to the extent it economically no longer expected him with regard to the implementation of the restructuring is to retain the property or to use it in the past or any other acceptable form. The surfaces of an agricultural or forestry operations are located both within and outside the formally defined redevelopment area, the owner of the municipality may require the acquisition of any land of operation if the fulfillment of the desire of the takeover means no unreasonable burden to the community; the community cannot rely on an unreasonable burden, as far as the land outside of the formally defined redevelopment area no longer structurally or economically can be used reasonably. Not concluded an agreement on the acquisition, the owner may require the deprivation of ownership of the land. For the deprivation of property, the provisions of the fifth part of the first chapter are apply mutatis mutandis. Article 43, paragraph 1, 4 and 5 and article 44, par. 3 and 4 shall apply accordingly.
(6) § 22 para 6 is to be applied accordingly. A permit is generally granted or not required the municipality to issue a certificate has at the request of one of the parties.

Section 146 implementation (1) the implementation includes the disciplinary measures and the construction work within the formally defined redevelopment area, which are necessary to the aims and purposes of the rehabilitation.
(2) purposes on land, the designated no. 2 in section 26, and the in section 26 No. 3 must perform designated land under urban renovation measures individual order and works only with the consent of the support of of need for. The agencies should give its approval if there is an overriding public interest in the implementation of the remedial measures taking into account its tasks.
(3) the municipality may the implementation of disciplinary measures and the establishment or change of common needs and follow-up facilities within the meaning of § 148 paragraph 2 sentence 1 No. 3 on the basis of a contract wholly or partly the owners leave. The timely and appropriate implementation of contractually acquired pursuant to sentence 1 is not ensured by individual owners, the municipality has in so far for the implementation of measures to ensure or to take over themselves.

§ 147 disciplinary measures implementing the right measures is task of the community; 1. These include the zoning, including the purchase of land, 2. the relocation of residents and businesses, 3. the excavation of land, 4. the production and modification of development systems, as well as other measures that are necessary so that the construction activities carried out can be 5.
Para considered disciplinary action also the provision of land and the implementation of measures to compensate in accordance with § 1a 3, par. 1a elsewhere are wholly or partly assigned to the land on which interventions in nature and landscape are expected, pursuant to section 9. Development installations due to the refurbishment including replacement installations may be outside of the formally defined redevelopment area.

Construction measures (1) which is carrying out construction activities § 148 left the owners as far as speedy and effective implementation through them is guaranteed; 1. for the establishment and modification of common needs and follow-up facilities to ensure and 2nd which is implementing other construction measures, insofar as she even owns or does not warrant the municipality however is, that these rapidly and purposefully promoted by the individual owner.
Replacement replacement buildings and community needs caused by the reorganisation and result equipment may be outside the formally defined redevelopment area.
(2) the modernization and repair, 2 the construction measures include 1 the redevelopment and the replacement buildings, 3. the establishment and amendment of common needs and follow-up facilities, 4. the displacement or change of enterprises as well as 5 the establishment or extension of systems and equipment to the Central and decentralised generation, distribution, use or storage of electricity, heat or cooling from renewable energy or combined heat and power.
Also measures to compensate in the meaning of § 1a para 3 are considered construction measures, insofar as they carried out on the land, on which to expect intervention in nature and landscape.

§ 149 cost and funding overview (1) the community has to make a cost and financing overview according to the State of planning. The overview is the cost and funding ideas of other carrier of public interests, whose remit is touched by the renovation, to vote and to present the higher administrative authority.
(2) in the costs, the community has the cost of the measure as a whole to represent, which probably caused her. The cost of other sources of public interests measures in connection with the renovation should be indicated informed.
(3) in the overview of the financing, the community has their ideas about covering the costs of the measure as a whole to explain. Financing and subsidies on other legal grounds, as well as the financing ideas of other carrier of public interests should be provided informed.
(4) the cost and funding overview can be limited to the period of the multiannual financial planning of the community with the consent of the competent national law. The requirement of making the urban rehabilitation measure within a foreseeable period, shall remain unaffected.
(5) the community and the higher administrative authority can request information about their own intentions in the formally defined redevelopment area and their costs and funding ideas from other modes of public interests.
(6) the higher administrative authority may require from the municipality of additions or amendments to the cost and funding overview. She has to make economically meaningful interaction of the municipality and the other carriers of public interests in the implementation of its measures and to support the community in obtaining support funding from public budgets.

§ 150 replacement for changes in facilities that serve the public supply (1) the public supply of electricity, gas, water, heat, telecommunications services or equipment of sewage as a result of the implementation of rehabilitation no longer available are in a formally defined redevelopment area and special expenses are required, which are necessary for proper economic go beyond such replacement or the relocation of these facilities , the community has the support of the task him to reimburse costs. Advantages and disadvantages which the carrier of the task in connection therewith are to compensate.
(2) not concluded an agreement on the amount of the refund, the higher administrative authority decides.

§ 151 tax and delivery exemption (1) are free of fees and similar non tax charges and costs incurred by businesses and negotiations 1 to the preparation or implementation of urban renovation measures, 2. to carry out acquisition operations, 3. to the formation or dissolution of a company, whose business purpose only on aims, to act as a redevelopment Agency.
(2) the tax exemption does not apply to the costs of litigation. According to national regulations, provisions remain unaffected.
(3) transactions are no. 2 in the sense of paragraph 1 1 the acquisition of a property by a municipality or by a legal entity within the meaning of §§ 157 and 205 for the preparation or implementation of urban renovation measures. This includes the acquisition of a plot of land for use as replacement or replacement land within the framework of urban renovation measures;
2.
the acquisition of a property by a person who has given a plot of land to the preparation or implementation of urban renovation measures or for use as a replacement or replacement land or lost. The tax exemption will only be granted a) on the acquisition of a property in the redevelopment area, in which the manors spread or lost property is located, up to the end of the urban rehabilitation measure, b) in other cases until the expiry of ten years, counting from the time off, in which the plot was; transferred or lost
3. the acquisition of a parcel of land located in the formally defined redevelopment area, insofar as the contribution goes to the devotion of a parcel of land located in the same redevelopment area;
4. the acquisition of land, which is caused by the establishment, the existence or the resolution of a fiduciary relationship in the sense of § 160 or of section 161.
Third section special rehabilitation legislation § 152 scope the provisions of this section are to apply in the formally defined redevelopment area, if the rehabilitation in the simplified redevelopment procedures is performed.

Design of compensation and compensation, purchase prices, apportionment (1) § 153 on the basis of measures aimed at the preparation or implementation of redevelopment in the formally defined redevelopment area, according to the regulations of this code of compensation or compensation to grant, be at their rated value increases, which are caused only by the prospect of the renovation through their preparation or their implementation, considered only in so far as the person concerned permissibly caused this value increases by own expenses. Changes in the General proportions of value on the real estate market are taken into account.
(2) the agreed consideration for the property or the right the value, which results in application of paragraph 1, lies in the legal sale of a plot of land as well as at the order or sale of a ground lease is also a significant aggravation of the rehabilitation in accordance with § 145, paragraph 2. This does not apply if the obligation to pay the amount of compensation has gone out in the cases of § 154 section 3 sentence 2 or 3.
(3) the municipality or the redevelopment agency may agree a higher purchase price when purchasing a plot of land, as he surrendered himself in appropriate application of paragraph 1. In the cases of § 144 4 Nos. 4 and 5 must agree the agencies a higher purchase price, as he surrendered himself in appropriate application of paragraph 1.
(4) where disposal is paragraph 3 after the sections 89 and 159 to sell the property at market value, resulting from the legal and actual realignment of the formally defined redevelopment area. Article 154, paragraph 5 is on the part of the purchase price according to applying, which corresponds to the increase in value due to the redevelopment of the land.
(5) in the formally defined redevelopment area 1 are the money compensation according to paragraph 2 according to to apply paragraph 1 on the determination of values according to § 57 set 2 and in the case of section 59 para 2 and 4 to 6, as well as the sections 60 and 61;
2. changes in value, caused by the legal and actual realignment of the formally defined redevelopment area, in determining values according to § 57 sentences 3 and 4 and in the case of money compensation according to article 59 paragraph 2 as well as the sections 60 and 61 to take into account paragraph 2;
3. section 58 does not apply.

§ Has 154 compensation of the owner (1) the owner of a parcel of land located in the formally defined redevelopment area to pay a financial compensation in money, which corresponds to the increase caused by the renovation the floor value of his land to finance the redevelopment on the community. Co-owner shall be liable severally; individual housing and part owner only according to their share of the co-ownership are to be used for residential and fractional ownership. Be in the formally defined redevelopment area development equipment manufactured in accordance with article 127, paragraph 2, extends or improves, rules on the collection of contributions for these measures on land in the formally defined redevelopment area are not to apply. Sentence 3 shall apply accordingly for the application of the rules on the collection of reimbursement amounts within the meaning of section 135a para 3 (2) which comprises the difference between the land value, which would arise for the plot a restructuring had been done neither intends nor conditional increase of the bottom value of the land through the rehabilitation (initial value), and the land value resulting for the land by the legal and actual realignment of the formally defined redevelopment area (upper limit).
(2a) the community can determine by statute that the compensation amount by way of derogation to charge rate 1 basis of the expenses (excluding the cost of its financing) for the extension or improvement of plants of development of within the meaning of section 127 paragraph 2 No. 1 to 3 (transport equipment) in the redevelopment area is paragraph 1; Evidence that the restoration conditional increase of the land values of the properties in the redevelopment area not much higher than the half of this effort lies are a prerequisite for the adoption of the Statute. The articles of Association is to determine to what extent the cost of calculating underlying is; She shall not exceed 50 per cent. Within the scope of the Statute, the compensation amount for the respective property is calculated according to the ratio of its area to the total area; total area is the area of the restoration without the land for the reason to equipment of transport. Section 128, paragraph 1 and 3 shall apply accordingly.
(3) the amount of compensation is to be paid upon completion of renovation (§§ 162 and 163). The municipality may permit the replacement as a whole prior to the conclusion of the renovation; It also a higher amount than the amount of compensation can be agreed to cover costs of reorganisation measure. The municipality is to prematurely set the compensation amount at the request of the Ausgleichsbetragspflichtigen, if has a legitimate interest in the Ausgleichsbetragspflichtige the setting prior to the conclusion of the renovation and the compensation amount with reasonable assurance can be determined.
(4) the municipality requests the compensation amount by decision; the amount is payable one month after the announcement of the decision. Before determining the amount of compensation, opportunity for opinion and discussion of relations relevant for the valuation of its property, as well as which is the Ausgleichsbetragspflichtigen according to article 155, paragraph 1 eligible amounts within a reasonable period of time to give. The settlement amount does not rest as public burden on the property.
(5) the community has a repayment loan to convert the compensation amount at the request of the owner, provided that cannot be reasonably expected to this, to fulfill the obligation at maturity with own or foreign agents. The loan debt is to interest every year with no more than 6 per cent and 5 per cent savings interest annually to pay off. The repayment rate can be reduced in individual cases up to 1 per cent and the loan interest free or low interest rate, if this is necessary in the public interest or to prevent undue hardship or the avoidance of inefficiencies not responsible for the Ausgleichsbetragspflichtigen of the land use. The municipality will grant the mortgage necessary to finance the redevelopment, modernisation or renovation priority before a mortgage ordered to secure their repayment loan.
(6) the municipality may require advance payments from the owners to the compensation amount payable the paragraphs 1 to 4 once a development corresponding to the objectives and purposes of the rehabilitation or other use is allowed on the property; Paragraphs 1 to 5 shall apply mutatis mutandis.

§ 155 are crediting to the compensation amount, reticle (1) on the amount of compensation to offset, 1 the advantages resulting from the refurbishment or land value increases of the land, which already have; been considered in other proceedings, in particular in an expropriation procedure for apportionment procedure, paragraph 2 remains unaffected, 2. the floor value increases of the property, which the owners legitimately by own expenses; causes as far as the owner in accordance with section 146 subsection 3 has carried out disciplinary measures or built community needs and follow-up facilities within the meaning of § 148 paragraph 2 sentence 1 No. 3, or altered, the are him however to offset costs incurred, 3. the floor value increases of the property, which the owners for the acquisition of the land as part of the purchase price in the amount legitimately corresponding to the provisions of points 1 and 2, as well as the § 154 already has paid.
(2) a compensation amount waived if an assignment has been carried out in accordance with § 153 para 5.
(3) the community can refrain for the formally-designated redevelopment area or to part of the redevelopment area of the fixing of the amount of compensation, if 1 a slight increase in soil value expert has been identified and 2 the administration of the collection of the compensatory amount in proportion to the potential earnings.
The decision can be taken also pursuant to sentence 1, before the renovation is completed.
(4) the municipality can refrain completely or partially in each case from the collection of the compensatory amount, if this is necessary in the public interest or to prevent undue hardship. The exemption can be done even before completion of the renovation.
(5) in addition, the national provisions regarding municipal posts including the provisions on the deferral and remission apply mutatis mutandis are.
(6) the community has costs of disciplinary measures or cost for the establishment or modification of community needs and follow-up facilities within the meaning of § 148 paragraph 2 sentence 1 No. 3 were the owners, they reimburse him insofar as they go beyond calculated adjustment amount which according to § 154 and paragraph 1 and the reimbursement was not contractually excluded.

§ 156 formally establishing (1) contribution obligations for development investment in the meaning of § 127 (2), incurred prior to the formal establishment remain unaffected parent management rules. The same applies for reimbursement amounts within the meaning of section 135a para 3 (2) the assignment authority prior to the formal establishment of the redevelopment area in an apportionment procedure, which relates to land in the area, has developed the apportionment plan according to article 66, paragraph 1, or a pre-emptive decision been taken according to § 76's remains.
(3) the expropriation authority prior to the formal establishment of the redevelopment area adopted the expropriation decision according to § 113 for a plot of land located in the area or an agreement is been recorded according to section 110 are the provisions of the first chapter continues to apply.

an excess of the proceeds over the expenditure for this purpose in the preparation and implementation of the urban rehabilitation measure article 156a cost and financing of rehabilitation measures (1) arises after the implementation of the urban rehabilitation measure and the transfer of trust assets of restoration vehicle on the town with her, so this surplus to the owner is in the redevelopment area nearby land to distribute. The ownership in the notice of the decision on the formal establishment of the redevelopment area are decisive. Is has been transferred after that date the property for a fee, so the share on the grounds is the previous owner and the owner, who is used to a financial compensation according to § 154 half.
(2) attributable to the individual land shares of income shall be determined according to the ratio of the initial values of land within the meaning of article 154, paragraph 2.
(3) the community has to withdraw subsidies in the calculation of the surplus that are granted to you or owners from an other public budget to cover costs of preparation or implementation of a reorganisation measure. In addition, the procedure for the distribution of the surplus determined according to national regulations.
Fourth section Redevelopment Agency and other commissioned § 157 an appropriate officer operate fulfilment of tasks for the Community (1) the municipality may prove to be the accomplishment of tasks which are incumbent in the preparation or implementation of the renovation. She may however transfer the task of urban renovation measures making 1, which are the municipality after the articles 146 to 148, to acquire 2. land or rights to them to the preparation or implementation of the remediation on behalf of the community, serving medium to manage 3. rehabilitation, only a company (Redevelopment Agency) that fulfil the criteria for transferring the tasks as a redevelopment agency according to article 158.
(2) the community should transfer the preparation of construction plans and tasks of rehabilitation institution working for their own account not same company or a dependent company legally or economically.

§ 158 requirements for the designation as a redevelopment Agency the company can be transferred as Redevelopment Agency only, if 1 working or by a construction company that is dependent on the company itself as a construction company, 2 suitable company according to its business activities and its economic conditions and is able properly to carry out the duties of a rehabilitation institution, 3. the company, if it not already law is subject to an annual examination of its business activities and the economic circumstances , subject to such a review has or submits to, the persons appointed to represent, as well as the officers the business reliability have 4.

Section 159 tasks as Redevelopment Agency (1) the Redevelopment Agency performs the tasks conferred on it by the community under article 157, paragraph 1, sentence 2 No. 1 or 2 in its own name on behalf of the community as their trustee or in its own name for its own account. According to § 157 paragraph 1 sentence 2 he fulfilled the task entrusted to him by the municipality of no. 3 in its own name on behalf of the community as their trustee. The Redevelopment Agency has to inform the municipality upon request.
(2) the community and the redevelopment agency set at least the tasks, the legal status of the Redevelopment Agency to meet she, reasonable remuneration to be paid by the municipality for this purpose and the authority of the municipality to the issuance of instructions by written contract. The contract requires not the form of section 311b of paragraph 1 of the civil code. It may be terminated by either side only for important reasons.
(3) the Redevelopment Agency is obliged the plots, which he acquired after the transfer of the task for the preparation or implementation of the rehabilitation in accordance with § 89 par. 3 and 4 and to dispose of in accordance with the instructions of the municipality. He has to give the community and to sell at their request to third parties or to the land, which he has not sold.
(4) an amount included in the purchase price paid by the acquirer to the Redevelopment Agency, which bear would be after the sections 154 and 155 of the owners, the Redevelopment Agency has to pay this amount to the municipality or to charge her. In the cases of § 153 para 4 sentence 2, the Redevelopment Agency has to assign claims arising from the loan on demand either to the municipality and to deduct interest and repayments to them or to charge them with her.
(5) the Redevelopment Agency has for the land, owned by he remains on the community of compensatory amounts in accordance with the sections 154 and 155 to be paid.
(6) the municipality in the case of the opening of insolvency proceedings over the assets of rehabilitation institution working for their own account announces the with this contract, she may require the liquidator, to assign her the land located in the formally defined redevelopment area, the Redevelopment Agency has acquired after the transfer of tasks to the preparation or implementation of the rehabilitation, against reimbursement of expenses provided by the Redevelopment Agency. The liquidator is obliged to pass a directory of this land of the municipality. The community can assert its claim only within six months after the handover of the site directory. In addition, the municipality liable creditors of liabilities arising from the implementation of disciplinary measures such as a guarantor, insofar as they have gained no full satisfaction from the assets of the rehabilitation institution in insolvency proceedings.
(7) (lapsed) section 160 is the redevelopment agency trust assets (1) a task as a trustee of the municipality transfer, he fills them with a trust assets in its own name on behalf of the community. The Redevelopment Agency receives a certificate on the transfer of the task by the community for the legal relations as trustee. He should add an additional characteristic of the fiduciary relationship to his name in fulfilment of the task.
(2) the redevelopment agency acting as trustee has separated the trust assets in fulfilling the task of other assets to manage.
(3) the means of providing the community the Redevelopment Agency for the performance of the tasks available include to the trust assets. What the Redevelopment Agency by means of the trust assets or through a legal transaction that relates to the trust assets, or on the basis of a right belonging to the trust assets or as a replacement for the destruction includes the trust assets, damage or removal of an item belonging to the Trust acquires.
(4) the municipality ensures the fulfilment of the liabilities, the Redevelopment Agency, the trust shall be liable for that. Medium, the Redevelopment Agency loan given by a third party, include only the trust assets, if the municipality of the loan has approved in writing. The same applies to own resources which the Redevelopment Agency brings up.
(5) he has land in the formally defined redevelopment area, the Redevelopment Agency acquired before or after the transfer of the task by means that do not belong to the trust assets, or bills from its own Exchange country, at the request of the municipality against reimbursement of his expenses in the trust assets to convict. Here are the values taken into account, resulting in application of § 153 para 1 as land values.
(6) the redevelopment agency acting as trustee has the community after his occupation to be accountable. He has the trust assets including land, which he has not sold, after its activity to transfer to the community. The transfer to the community in place of rehabilitation institution for the remaining liabilities, for which he has stuck with the trust assets is liable.
(7) the redevelopment agency may back transform before transferring after paragraph 6 the plots of the trust assets, which he has acquired under bills of corresponding its own Exchange land belonging not to trust or at least two years before the community has given him a rehabilitation-related job, and transferred to the trust assets, in his own fortune. The land caught from him in the trust assets are sold or used in the context of disciplinary measures to the formation of new land or are their boundaries have been changed, can the Redevelopment Agency back transform other land value corresponding to its land caught in the trust assets, in his own fortune; He needs to do this, approval of the municipality. He has to refund the fair market value of the land to the trust assets resulting from the legal and actual realignment of the formally defined redevelopment area.

Section 161 backup of the trust assets (1) the Redevelopment Agency is liable third parties with the trust assets for liabilities that are not related to the trust assets.
(2) is operated in the trust assets because of a liability for the Redevelopment Agency, not with the trust is liable, the enforcement, the municipality on the basis of the fiduciary relationship against the foreclosure may assert opposition, the Redevelopment Agency under corresponding application of section 767 para 1 of the civil procedure code objections in accordance with § 771 of the code of civil procedure.
(3) in the case of the opening of insolvency proceedings over the assets of the rehabilitation institution, the trust assets are not belongs to the estate. The municipality announces the fiduciary relationship, the insolvency administrator to transfer the trust assets to the community and to manage the transfer. The transfer to the community in place of the rehabilitation support for the liabilities for which it has stuck with the trust assets is liable. The legal consequences associated with the opening of the insolvency proceedings do not occur with respect to the liabilities. article 418 of the Civil Code shall not apply.
Fifth section completed of the renovation of § 162 is lifting the restructuring statute (1) the restructuring statute to repeal, if 1 the rehabilitation is conducted or 2 proves the restoration unworkable or 3. the intention of rehabilitation for other reasons is given or that according to § 142 para 3 sentence 3 or 4 for the implementation of the remediation deadline expired 4.
These conditions only for a part of the formally defined redevelopment area are met, the Statute for this part should be repealed.
(2) the decision of the municipality, through the formal establishment of the redevelopment area partially or is lifted, is issued as a statute. The Constitution is to make customary manner. The municipality may also customary manner disclose that a statute repealing the formal establishment of the remediation area; adopted § 10 para 3 sentence 2 to 5 shall apply accordingly. With the announcement, the Charter will become legally binding.
(3) the municipality asked the land registry to delete the restoration notes.

§ 163 discontinuance of legal effects for individual plots (1) the community can which is rehabilitation for a plot of land than explain completed, if according to the goals and purposes of the rehabilitation 1. built the land or used in any other way or the building was modernized 2. or is repaired.
At the request of the owner, the municipality has the redevelopment for the property as completed to explain.
(2) the municipality can explain already carrying out the renovation for individual plots designated time before the in paragraph 1 by notification to the owners closed when the development corresponding to the objectives and purposes of the rehabilitation or other use or the modernization or repair without endangering the objectives and purposes of the renovation at a later date is possible. There is no legal claim to the Declaration in this case.
(3) the statement eliminates the application of sections 144, 145 and 153 for this plot. The community asked the land registry to delete the reorganisation notice.

§ 164 entitled to repossession (1) will the restructuring statute from the is in the case of cancellation according to article 162, paragraph 1, sentence 1 No. 4 rehabilitation not has been carried out, the former owner of a parcel of land has a claim against the respective owners on repossession of this land, or in article 162, paragraph 1, sentence 1 No. 2 or 3 is designated for reasons lifted when's the municipality or the Redevelopment Agency by him after the formal definition of the remediation area for performing the remediation hands-free or the regulations of this code without bills of corresponding exchange country, replacement or justification of rights the No. 1 designated type had acquired in article 101, paragraph 1, sentence 1.
(2) the right does not exist if 1 the land as land for community use or as transport, supply, or green space in a development plan is fixed or is required for any other public purpose, the previous owner himself had acquired the land through the expropriation 2 or 3 the owner has begun with the correct use of the land or 4 was sold the land on the basis of article 89 or article 159 para 3 to a third party, or 5 the property boundaries have been changed significantly.
(3) the reverse transcription may be claimed only within two years since the lifting of the restructuring Statute.
(4) the former owner has to pay the market value purchase price, the land at the time of the return journey has.
(5) a claim for back expropriation after section 102 remains unaffected. The compensation to be awarded the owner is calculated according to the market value of the land, determined on the basis of the legal and actual state at the time of the abolition of formal definition according to § 103.
Sixth section urban development § 164a usage of urban design (1) funds to cover the cost of the uniform preparation and speedy implementation of the urban rehabilitation measure as a unit (total measure) financing and subsidies (subsidies) used. In connection with the redevelopment of their financing or promotion is based on a different legal basis, which should used for measures so in the relevant domestic laws provided financing or funds available, that the measures in the course of the restructuring can be performed.
(2) funds can be used for 1 the preparation of remedial measures (art. 140), 2. the implementation of disciplinary measures according to section 147, including compensation, as far as no lasting value; obtained through them Costs of the disciplinary measures include personal or factual costs of municipal administration, 3. building measures according to § 148, 4. granting a reasonable payment of authorized third parties in accordance with this Act, 5. the realization of the social plan according to § 180 and (3) funding can grant a balance of hardness according to § 181. for modernisation and rehabilitation measures within the meaning of section 177 are used. As far as nothing else is agreed, this applies also for action, for which the owner to the municipality has contractually committed, as well as for above and beyond measures which serve the conservation, regeneration and functional use of a building that is to be maintained for its historical, artistic, or urban significance.

§ 164 b administrative agreement (1) the Federal Government can to promote urban renovation measures referred to in article 104B of the basic law the countries under the respective budget Act grant financial assistance for investments of municipalities and municipal associations to a standard that is applicable in the same way, common and proper. The scale and details for the use of financial assistance are set by administrative arrangement between federal and State Governments.
(2) focus for the use of such grants are 1 the strengthening of inner cities and outlying centres in their urban function considering housing as well as the issues of architectural preservation and conservation, 2. the re-use of surfaces, especially the abandoned urban industrial, conversion or railway land, the establishment of living and workplaces, community needs and follow-up facilities, taking into account its meaningful functional mapping (mix), as well as by environmentally-friendly , cost - and space-saving construction methods, 3. urban development measures for tackling social ills.
Second part of urban development measures 165 § urban development measures
(1) urban development measures in city and country, whose uniform preparation and speedy holding in the public interest are, be prepared according to the rules of this part and carried out.
(2) urban development measures referred to in paragraph 1 parts and other parts of the municipal area according to their special importance to order the municipality and urban development or according to the targeted improvement of the country's territory or region are first developed or fed into the frame of an urban reorganization of a new development.
(3) the municipality may an area where an urban development action to be performed, by decision formally as urban development area, if 1 the measure corresponds to the objectives and purposes specified in paragraph 2, 2. the implementation of the urban development action requires the well-being of the general public, in particular to meet an increased demand for residential and work places, establishing common requirements and follow-up facilities or to the reuse of set-aside land , 3. the urban development measures objectives and purposes by urban development agreements cannot be reached, or owner of the land affected by the measure appropriate taking into account article 166 par. 3 are unwilling to sell their land to the municipality or the development agency to the value designated by it, in application of article 169, paragraph 1 resulting number 6 and paragraph 4 , 4. the speedy implementation of the action is guaranteed within a foreseeable period.
The public and private interests are to weigh against each other and meet each other.
(4) the municipality has conduct the preparatory investigations prior to the formal definition of the urban development area or cause, that are required to win assessment documents on the set conditions pursuant to paragraph 3. The articles 137 to 141 are to be applied accordingly.
(5) the urban development area is to limit the development can be convenient to perform. Individual plots, which are not affected by the development, can exclude wholly or partly from the area. Land, the referred in section 26 to no. 2 and article 35, paragraph 1 No. 7 purposes, in section 26 designated plots of land as well as land, a consultation process has been initiated for according to section 1, paragraph 2, of the land acquisition Act, no. 3, and State-owned land, where the intent to use them for purposes of national defence, is the municipality known, may be taken only with the approval of the necessary support in the urban development area. The agencies should give its approval if an overriding public interest in the implementation of the urban development action is also taking into account its tasks.
(6) the community decides the formal definition of the urban development area as articles of Association (statutes of the development). The urban development area is in the articles of development of.
(7) the articles of of development of is a reason to add. In the grounds are to set out the reasons which justify the formal establishment of the development area.
(8) the decision of the development statute is to make customary manner. § 10 para 3 sentence 2 to 5 shall apply accordingly. In the notice pursuant to sentence 1 is on the permit requirement after the §§ 144, to point out 145 and 153 para 2. With the announcement, the development Charter will become legally binding.
(9) the Community shall inform the land Office the legally binding development statutes. It has individually performing the land affected by the articles of development of here. The land registry has to enter in the land registers in this land, that an urban development action is performed (note of development of). Article 54, paragraph 2, sentence 1 and paragraph 3 shall apply accordingly.

§ 166 jurisdiction and tasks (1) is the measure of the development of the municipality is prepared and performed, if not referred to in paragraph 4 a derogation made. The municipality has to prepare development plans for the urban development sector without delay and, if a task is not whether another under other statutory provisions, to take all necessary measures to implement the planned development in the urban development area.
(2) the municipality has the conditions to create a functional area according to the intended urban development and planning is created corresponding to the objectives and purposes of the urban development action to its economic structure and the composition of its population, and in a proper and adequate provision of public goods and services is ensured.
(3) the municipality to acquire the land for urban development. Here, she should determine whether and in what form the previous owners seek a later acquisition of land or rights under article 169, paragraph 6. The municipality should refrain from the acquisition of a plot of land if 1 in a plot constructionally used the nature and the degree of structural use in the implementation of the development intervention not to change or 2. the owner of a plot of land, using it according to the objectives and purposes of the urban development action determined or determinable with sufficient safety is is able therefore to use the land within a reasonable period of time , and he committed for this purpose.
The municipality not acquired a plot of land, the owner is obliged to pay a compensation amount to the municipality, which corresponds to the increase of the floor value of his land due to the development project.
(4) the preparation and implementation of the development intervention can be transferred to section 205 paragraph 4 a Planning Association.

§ 167 fulfilment of tasks for the community; Be operated for the accomplishment of tasks which are incumbent on the preparation or implementation of the urban development action an appropriate officer, in particular a development agency, Development Agency (1) that can commune. § 157 paragraph 1 sentence 2 and paragraph 158 shall apply accordingly.
(2) the development institution fulfilled the tasks conferred on it by the community in its own name on behalf of the community as their trustee. Section 159 subsection 1 sentence 3 and para. 2 and the sections 160 and 161 shall apply accordingly.
(3) the development institution is obliged to sell the land of the trust assets, in accordance with article 169 para 5 to 8 He is bound by instructions of the municipality.

§ May require the acquisition of the land 168 takeover request of the owner of a parcel of land located in the urban development area the municipality, if it economically no longer expected him with regard to the Declaration on the urban development area or the State of the development action is to keep the plot or to use in the previous or any other acceptable form. The provision of § 145 5 set of 2 to 5 shall apply accordingly.

Special provisions for the urban development area (1) In the urban development area are § 169 apply accordingly to 1 the articles 137, 138 and 139 (involvement and participation of the persons concerned; Information disclosure; Participation and involvement of public authorities), 2nd § 142 para 2 (replacement and addition areas), 3 the paragraphs 144 and 145 (subject to approval of projects and legal operations; Approval), 4 the articles 146 to 148 (implementation; Disciplinary measures; Construction measures), 5 the sections 150 and 151 (replacement for changes in facilities that serve the public service; Tax and delivery exemption), 6 § 153 para 1 to 3 (assessment of compensation and compensation; Purchase price), 7 the articles 154 to 156, without article 154 para 2a (compensation of the owner; Crediting to the compensation amount, reticle; Excess line rules determining formal), 8 sections 162 to 164 (closure of the operation), 9 the §§ 164a and 164b (usage of urban development funds; Management agreement) 10 § 191 (rules on the marketing of agricultural and forestry plots).
(2) the provisions of the fourth part of the first chapter of the zoning are not applicable with regard to urban development.
(3) the expropriation is permitted in the urban development area without zoning for the benefit of the community or of the development agency for the fulfilment of their tasks. It is required that the applicant has committed seriously to the hands-free acquisition of land on reasonable terms. The articles 85, 87, 88 and 89 para 1 to 3 are not to apply in the urban development area.
(4) on agricultural or forestry used land is article 153, paragraph 1 with the where no development measures subject according to apply that in the areas where no market value different from the domestic agricultural market value has made the value is decisive to achieve would be in similar cases in the ordinary course of business in the General real estate market there, are foreseen.
(5) that is committed, plots, which are to carry out by private treaty or under the provisions of this code has acquired the development intervention, with the exception of areas, which as building plots for common needs or as a transport, are set to supply or green space in a development plan or for other public purposes or land of exchange of or compensation in land required are the paragraphs 6 to 8, to sell in accordance with.
(6) the land are to sell, who undertake that they will farm the land within a reasonable period of time according to the determinations of the development plan and the requirements of the development action after its restructuring and development, taking into account further sections of the population and in compliance with the objectives and purposes of the development order to owner-occupied. While the previous owners are first taken into account. The divestiture obligation, § 89 paragraph 4 shall apply. Land used for agricultural or forestry use are to offer land or foresters, who had to have transferred land for the implementation of the development intervention or emit.
(7) the community has to ensure that the construction complying development in economically meaningful succession so perform, that the objectives and purposes of urban development and the projects classified in the context of the overall measure in the sale. She has continued to ensure that the newly created structures according to the goals and purposes of the urban development action be used permanently.
(8) in order to finance the development of the land or the right to market value is to sell, resulting from the legal and actual realignment of the urban development area. Article 154, paragraph 5 is to apply to the part of the purchase price according to corresponding to the increase in value due to the development of the land.

§ 170 special arrangements for areas of adjustment arising from the aims and purposes of the urban development action in an area built in the context measures to adapt to the proposed development, can the community formally set this area (Customization area) in the articles of development of. The customization area is in the articles of development of. The formal definition may be only when preliminary investigations have been conducted according to § 141. In the customization area, the provisions on urban renovation measures apply mutatis mutandis, with the exception of §§ 136, 142 and 143 are in addition to the rules applicable to urban development measures with the exception of section 166, paragraph 3 and article 169 para 2 to 8.

Section 171 (1) revenue generated during the preparation and implementation of the development intervention, costs and financing of the development action are to use to finance the development intervention. An excess of the proceeds over the expenditure for this purpose, in the preparation and implementation of the urban development action emerges after the implementation of the urban development measures and the transfer of trust assets of the development agency on the commune with her is so to distribute this surplus in corresponding application of § 156a.
(2) the municipality has according to § 149, according to the State of planning to set up a cost and funding overview. The costs that are necessary to the aims and purposes of the development are taken into account.
Third part of urban redevelopment section 171a of the city reconstruction (1) in urban and local parts, the consistent and rapid implementation of the public interest are urban reconstruction measures, can also in place of or in addition to other measures according to this book of the law according to the rules of this part be carried.
(2) urban renovation measures are measures which in areas affected by significant loss of urban function to produce sustainable urban structures adjustments. Significant loss of urban function in particular exist if a permanent oversupply of structures for certain uses, namely for residential purposes, or can be expected, or if the General requirements for climate protection and climate adaptation are not met.
(3) urban renovation measures serve the well-being of the general public. You should especially help that 1 the settlement structure the needs of the development of population and economy as well as the General requirements for climate protection and climate adaptation adapted to, 2. the living and working conditions and the environment will be improved, 3. urban areas are strengthened, 4 no longer needs-based construction equipment new use are fed, 5. any other use not zuführbare construction equipment will be dismantled , 6 unused or exposed surfaces of a sustainable urban development particularly climate protection and climate change adaptation or one supplied with this sustainable intermediate use, urban building stock will receive 7 sustainable.

§ 171 b urban reconstruction, urban development concept (1) which puts community area, where urban renovation measures are performed by decision as a city rebuilding area firmly. It is the spatial extent to set so that appropriate to carry out the measures.
(2) the basis for the decision referred to in paragraph 1 is a to be of the Community urban development concept, in which the objectives and measures (article 171a par. 3) throughout the city reconstruction in writing to represent are. The public and private interests are to weigh against each other and meet each other.
(3) sections 137 and 139 are in the preparation and implementation of city reconstruction measures apply mutatis mutandis.
(4) which are § § 164a and 164 b in the city reconstruction according to to apply.

§ to advantage if necessary 171 c city reconstruction contract the municipality to implement its urban development concept, making urban reconstruction measures on the basis of urban planning contracts within the meaning of section 11 in particular with the concerned owners. Articles of the treaties in particular can also be 1 the implementation of the decommissioning or adapting physical structures within a certain period and the expenses borne for it;
2. the waiver of claims after the sections 39 to 44;
3. the balance of loads between the participating property owners.

§ 171 assurance of implementing measures (1) the municipality may by statute an area refer to, the a specified town reconstruction area (§ 171 b paragraph 1) or includes parts of it and where to secure and socially responsible conduct of city reconstruction need projects and other measures of the authorisation in article 14, paragraph 1. The Statute is to apply article 16 paragraph 2 accordingly.
(2) is the decision on the establishment of a Constitution written and customary manner made pursuant to paragraph 1, apply article 15, paragraph 1 on the implementation of projects and measures within the meaning of paragraph 1 according to.
(3) in the cases of paragraph 1 the approval may be refused only, to the urban and social matters trace of the city reconstruction measures on the basis of the urban development concept established by the municipality of supporting statement (§ 171 para 2) or to secure a social plan (§ 180). The approval is granted when also taking into account the public interest, a vision of the project or measure is economically unreasonable.
(4) sections 138, 173 and 174 are to apply in the area of the statute referred to in paragraph 1, according to.
Fourth part of social city § 171e city-planning policies of the social city in urban and local parts, the consistent and rapid implementation of the public interest are measures of the social city (1), can also in place of or in addition to other measures according to this book of the law according to the rules of this part be carried.
(2) the social City urban measures are measures for the stabilization and enhancement of hamlets disadvantaged by social ills or other parts of the municipal area, where there is a special need for development. Social ills are in particular, if an is significantly disadvantaged due to the composition and economic situation of the people living and working. A special development needs in particular before, if it is disadvantaged inner-city or nearby inner-city areas or dense residential and mixed-use areas, where's one is each other tuned bundling of investment and other measures are needed.
(3) the community sets the area in which the measures to be taken by decision. It is the spatial extent to set so that appropriate to carry out the measures.
(4) basis for the decision pursuant to paragraph 3 is a to ancient authorities (section 139) by the community with the participation of the persons concerned (article 137) and the public development concept, in which the objectives and measures in writing to represent are. The development concept should contain in particular measures that are intended to improve the living and working conditions, as well as create and maintain socially stable resident structures.
(5) in the case of the creation of the development concept and its implementation stakeholders should adequately are included and encouraged to participate. The community should continuously advise the parties to the extent of possible and support. This includes a coordinating body can be set up in cooperation community and stakeholders. Where necessary, the community towards and to promote the objectives of the development concept, as well as to the acquisition costs to contracts urban with the owners and other measure media.
(6) the sections 164a and 164 b are in the area referred to in paragraph 3 according to apply. This section 164a para 1 sentence 2 about the use of financing and funding on the basis of other legal basis in particular on other measures within the meaning of paragraph 2 is to apply rate 3.
Fifth part of private initiatives § 171f private initiatives for urban development, land rights in accordance with the law of the land can be set without prejudice to any other measures according to this law book areas, where private responsibility site-related measures be implemented that serve significant areas on the basis of a concept of the strengthening or development of areas of inner cities, district centers, residential areas and commercial centres and other urban development agreed with the urban planning objectives of the community. To the financing of measures and fair distribution of the burden associated regulations can be taken by State law.
Sixth part of preservation Statute and urban bids first section preservation statute § 172 maintaining physical structures and the nature of areas (preservation Statute) (1) can the municipality in a development plan or by a statute other areas, where 1 means to maintain the urban nature of the area due to its urban form (paragraph 3), 2. to maintain the composition of the resident population (paragraph 4) or 3rd urban restructuring (paragraph 5) dismantling , the change or the change of use of physical structures of the approval must be. In the cases of the sentence 1 No. 1 requires the construction of structural equipment of the approval. To the Statute is to apply section 16 paragraph 2 accordingly. The State Governments are authorized to determine the justification of apartment ownership or part ownership (section 1 of the apartment ownership Act) buildings intended wholly or partly for residential purposes, not shall be without approval for the land in areas a statute pursuant to sentence 1 No. 2 Ordinance with a duration of not more than five years. Such a prohibition is prohibition within the meaning of § 135 of the civil code. In the cases of the set of 4, article 22, paragraph 2, sentence 3 and 4 is to apply according to paragraph 6 and 8.
(2) the decision on the establishment of a conservation statute is written and customary manner familiar, is to apply article 15, paragraph 1 on the implementation of a project within the meaning of paragraph 1 according to.
(3) in the cases of paragraph 1 sentence 1 No. 1 may are failed approval only, if the complex alone or in connection with other structures characterises the townscape, urban form, or the landscape or is otherwise of urban planning, especially historical or artistic importance. The permit must be refused only to the establishment of the structural system when the urban form of the territory is affected by the intended structural system.
(4) in the cases of paragraph 1 sentence 1 No. 2 and set 4 may be failed approval only, if the composition of the resident population for specific urban development reasons should be obtained. It is granted when also taking into account the public interest, the preservation of the structural system or a reticle of the establishment of apartment ownership or partial ownership is no longer commercially reasonable. Permission is also granted if 1 serves the change of a structural system of establishing the State of contemporary facilities an average apartment, taking into account the construction regulatory minimum requirements, 1a.
serves the change of a structural system of adapting to the structural or technical minimum requirements of the energy saving regulation, 2. the plot belongs to a discount and home ownership or partial ownership to be justified for the benefit of the heirs or legatees, 3. the apartment ownership or partial ownership to be sold for own use to family members of the owner, 4. without the permission demands cannot be met of third parties on transfer of apartment ownership or part ownership , for whose assurance before the effect of the reservation of approval is a flag in the land register, 5. the building at the time of application is used to establishing apartment ownership or partial ownership not for residential purposes or 6 the owner committed period of seven years from the establishment of apartment ownership to sell apartments to the tenants; a time limit under section 577a paragraph 2 sentence 1 of the German civil code is reduced to seven years. The time limit under section 577a para 1 of the civil code is eliminated.
In the cases of the set of 3, no. 6 can be determined in the permit that also the sale of residential property on the building the obligation of the approval of the community needs during the period. This authorisation can be entered at the request of the municipality in the flat land. it expires at the end of the commitment.
(5) in the cases of paragraph 1 sentence 1 No. 3 may be failed approval only, a social concerns to secure supporting process on the basis of a social plan (§ 180) account. Is a social plan not been erected, in analogous application of § has him 180 to prepare. Paragraph 4 sentence 2 is apply mutatis mutandis.

§ 173 approval, takeover claim (1) permission is granted by the municipality; § 22 paragraph 5 sentence 2 to 5 shall apply accordingly. Is a building permit or in its place a building consent required the approval of the construction approval authority in agreement with the municipality granted; in the planning - or approval procedure will be decided that in section 172 para 3 to 5 designated matters.
(2) if approval is failing in the cases of article 172, paragraph 3, the owner of the community under the conditions of § 40 paragraph 2 may require the acquisition of land. Article 43, paragraph 1, 4 and 5 and article 44, par. 3 and 4 shall apply accordingly.
(3) before the decision on the permit application, the community has with the owner or other entertainment obligated to discuss the facts significant for the decision. In cases of § 172 4 and 5 she renters, listen to tenants and other beneficial.
(4) the national regulations, in particular on the protection and conservation of monuments, remain unaffected.

Section 174 (1) § 172 exceptions is to apply not to land the designated no. 2 in section 26 purposes, and to which section 26 No. 3 referred to in land.
(2) a plot of the kind referred to in paragraph 1 is in the scope of preservation Statute, the community has to inform the users about this. The agencies intend an undertaking within the meaning of section 172 para 1, he has to inform the community. The agencies should see at the request of the municipality from the project if the requirements are met, which would entitle the community to fail the approval, according to § 172, and when to expect the agencies also taking into account its tasks is the preservation or the look of the establishment of the structural system.
Second section of urban bids § 175 intends General (1) the municipality, a construction bid (§ 176), a modernization or repair offer (section 177), a plant bid (§ 178) or to issue a demolition or unseal bid (§ 179), she should discuss the measure before with those affected. The municipality should advise the owner, tenant, tenants and other rights-holders in the framework of its possibilities, how the measure can be performed and what financing options consist of public funds.
(2) the arrangement of measures under sections 176 to 179 presupposes that the immediate implementation of the measures for urban planning reasons is required; also an urgent housing needs of the population can be considered arrangement a construction bid according to § 176.
(3) tenants, tenant farmers and other beneficiaries have to tolerate the measures after the sections 176 to 179.
(4) sections 176 to 179 are to apply not to land the designated no. 2 in section 26 purposes, and to which section 26 No. 3 referred to in land. The conditions for the formation of a bid are available for these lands after the sections 176 to 179, the agencies carrying out appropriate measures or their implementation should tolerate at the request of the community, as far as degrades the performance of his duties.
(5) the national regulations, in particular on the protection and conservation of monuments, remain unaffected.

§ 176 construction bid can (1) within the scope of a development plan by ruling commit the community the owner within a reasonable period specified 1st to till his land according to the determinations of the development plan, or 2.
an existing building or an existing other construction system to adjust the determinations of the development plan.
(2) the construction bid can be arranged outside the areas referred to in paragraph 1, but within in the context of built-up districts, vacant or slightly constructed plots according to the building regulations for use or supply a structural use, in particular to the closure of gaps.
(3) the implementation of a project for economic reasons cannot be expected to an owner, is the municipality of the construction bid to see off has.
(4) the owner may require the acquisition of land by the municipality if he proves that he cannot be expected to is the implementation of a project for economic reasons. Article 43, paragraph 1, 4 and 5 and article 44, par. 3 and 4 shall apply accordingly.
(5) the implementation of a construction bid is only possible if previously eliminated a structural system or parts thereof, the owner with the construction bid also to eliminate is required. Section 179, paragraph 2 and 3 to use sentence 1, § 43 para. 2 and 5 and § 44 par. 3 and 4 are.
(6) other than structural use is for a plot of land, are to apply according to paragraphs 1 and 3 to 5.
(7) with the construction bid, the obligation can be connected to provide within a reasonable period to be determined for a structural use of land required application for building inspectorate approval.
(8) the owner does not fulfil the obligation under paragraph 7 to enforcement measures in accordance with national provisions, the expropriation procedure can be initiated no. 5 according to article 85, paragraph 1 also before expiry of the period referred to in paragraph 1.
(9) in the expropriation procedure is to assume that there are the conditions of the construction bid; prejudice to the provisions on the admissibility of the expropriation. When the compensation value increases remain unconsidered, occurred after nonrepudiation of the construction bid, unless the owner caused the value increases by own expenses legitimately.

§ 177 modernisation and repair bid (1) has according to their inner or outer quality defects or irregularities a complex, whose removal or troubleshooting by modernization or repair is possible, may order the Elimination of maladministration by a bid of modernization and correction of defects by a rehabilitation bid the municipality. To curing the ills and to remedy the shortcomings of the owner of the structural system is required. In the decision, the modernization or maintenance is arranged by the, are to call the disposed grievances or to report defects and to determine an appropriate period for the implementation of necessary measures.
(2) abuses exist particularly if the complex is not the General requirements for healthy living and working conditions.
(3) deficiencies in particular exist if by wear and tear, the proper use of the structural system is affected not only insignificantly aging, weathering, or impact third 1, 2. the streets - or site not only insignificantly affected the complex after their outer nature, or 3. the structural system is renewed and is to be maintained due to urban development, especially historical or artistic importance.
The deficiencies of a structural system may be required according to national regulations for reasons of the protection and conservation of monuments, the repair order only with the consent of the competent authority of the country must be adopted. In the decision on the adoption of the rehabilitation bid are the repair measures provide also for reasons of monument protection especially to call.
(4) the owner has to bear the costs of the measures ordered by the municipality, as it can cover them by means of their own or a third party and raise the cost of capital resulting from them, as well as additional management costs from proceeds of the structural system. The municipality has cost has the owner, he has to wear, they reimburse him if not anywhere else shall issue a grant to cover. This does not apply if the owner on the basis of other legislation is obliged to bear the costs himself, or if he failed repairs and can not demonstrate that their performance economically indefensible or unreasonable to him was. The municipality may agree with the owner the reimbursement amount under waiver of a calculation in a particular case as a lump sum in the amount of certain reduced of the modernization or repair costs.
(5) the cost share from the owner to load-bearing is determined following completion of the modernisation or rehabilitation measures, taking into account the income can be achieved sustainably for the modernized or refurbished complex in ordinary management; you will with a development plan, a plan to consider an urban reorganisation measure or any other measure of urban development objectives and purposes.

Section 178 planting bid the community can oblige the owner by ruling, be grounds within a reasonable period to be determined according to § 9 para 1 No. to replant 25 taken determinations of the development plan.

§ 179 owner commit to tolerate that a structural system is eliminated completely or partially, can be fixed if you 1 does not correspond to the determinations of a development plan and not adjust them or 2. irregularities or deficiencies in the sense of article 177, paragraph 2 and 3 set 1 has, even through a modernization or repair not dismantling and unseal bid (1) can a municipality.
Sentence 1 No. 1 accordingly applies the other rehabilitation permanently disused areas, where the ground impaired by zoning or seal to be get in his performance or restored; the other rehabilitation shall be equivalent to the disposal pursuant to sentence 1. Those for which a right to the land or to a law burdening the property in the land register is registered or protected by registration, which does not permit the use, are to be notified of the decision, if they are affected by the removal. The right of the owner to carry out the removal itself shall remain unaffected.
(2) the notice must only reflects in living room, if at the time of the removal is reasonably available adequate replacement housing for the residents. The owner of space, which serves mainly commercial or professional purposes aims (business area), other accommodation, the decision to will happen only when in the time of the removal, other suitable business space is reasonably available.
(3) caused the owner, tenant, lessee or other rights-holders through the Elimination of disadvantages of assets, the community has to make reasonable compensation in money. The owner in place of compensation may require the acquisition of the land pursuant to sentence 1 by the municipality if it economically no longer expected him with regard to the demolition or unseal bid is to keep the land. Article 43, paragraph 1, 2, 4 and 5 and article 44, par. 3 and 4 shall apply accordingly.
(4) in the case of paragraph 1 sentence 1 number 2 the costs from the owners are up to the amount of him by eliminating any financial benefits to wear. The reimbursement amount can be claimed by ruling once the complex has been wholly or partially removed. The amount of rest as a public burden on the property.
Part seven work plan and hardship compensation § 180 plan (1) can be zoning, urban sanitation, urban development measures or city reconstruction expected to adversely, the municipality will develop ideas and discuss with the parties concerned, how adverse effects avoided whenever possible is on the personal lives of people living in the area or working or mitigated. The municipality has the persons concerned in their own efforts to avoid adverse effects or to mitigate, to help, in particular residential and workplace change, and the relocation of enterprises; as far as public services into account can come, the municipality should advise on this. Sufferers are according to their personal circumstances unable to follow recommendations and other clues in the commune to prevent disadvantages or use support or further actions of the municipality are required, for other reasons the community has to consider appropriate measures.
(2) the result of the discussions and checks referred to in paragraph 1 as well as the measures of the community is expected to be considered and the possibilities of their realization are in writing to represent (redundancy).
(3) achieving an implementing measure is imminent by others as the municipality, the municipality may require that the others in agreement with it takes over the tasks arising from paragraph 1. The municipality can wholly or partly own take on these tasks and impose the costs on the other.

§ 181 hardship compensation
(1) so far as it requires the equity, to the community in the implementation of this code to avoid or to address of economic disadvantages--also in the social sphere - on request 1 grant a hardship compensation in money a tenant or tenants if lifted the rental or lease with respect to the implementation of urban planning measures or been dispossessed;
2. an announced Contracting Party, if the notice to carry out an urban planning measures is required; This applies accordingly if a rental or lease is prematurely terminated by agreement of the parties; the municipality has to confirm that the termination of the law with regard to the immediate implementation of urban actions is necessary;
3. a Contracting Party, if without termination of the legal relationship, the leased or rented premises are wholly or partly temporarily unusable, and the municipality has confirmed that this is caused by the immediate implementation of urban development measures;
4. a tenant or lessee for the costs of moving, which thus arise that he is been housed temporarily otherwise after the eviction of his apartment and later a new rental or lease is established in the area, where this is provided for in the plan.
Prerequisite is that the downside means a particular hardship for those affected in his personal life, a compensation or indemnification is not to grant and also a balance is not carried out other measures.
(2) paragraph 1 shall apply mutatis mutandis to other contractual relationships, which entitle to the use or to the use of land, building, or part of the building or other construction facility.
(3) a hardship compensation is not granted unless the applicant has failed and fails, the economic disadvantage by reasonable measures, in particular under its own or third-party resources to avert.
Eighth part rental and lease conditions § 182 requires cancellation of rental or lease conditions (1) the realisation of the objectives and purposes of redevelopment in the formally defined redevelopment area, the development in the urban development area or a measure may the cancellation of a rental or lease relationship, after the sections 176 to 179 the municipality the legal relationship at the request of the owner or in terms of a urban planning bid with a period of at least six months , pick up at an agricultural or forestry land only at the end of a lease year.
(2) the municipality may only cancel a tenancy about housing, if adequate replacement housing for the tenants and the associated with his home State people to reasonably available at the time of the termination of the lease. The tenant or tenants of business space seeks other accommodation, the municipality should save only the rental or lease, where other suitable business space reasonably available at the time of the termination of the right.
(3) is substantially impaired the acquisition basis of a lessee or tenant of business space in the formally defined redevelopment area or an urban development area as a result of implementing urban redevelopment measures or urban development measures and is no longer expected to therefore the continuation of the tenancy or lease relationship him, the community at the request of the lessee or tenant can terminate the legal relationship with a period of at least six months.

§ 183 cancellation of rental or lease conditions on vacant land (1) is intended for the determination of the development plan for a vacant lot other use and the immediate change of use is intentional, the community at the request of the owner, may waive rental or lease conditions, which relate to the land and resist the new use.
(2) the waiver is to apply article 182, paragraph 1 accordingly.

Lifting other contractual relationships that are sections 182 and 183 to apply correspondingly to other debt arrangements, which to the use or to the use of land, building, or part of the building or other architectural system entitle § 184.

§ 185 compensation in the event of cancellation of rental or lease conditions (1), a legal relationship on the basis of section 182, of the § 183 or of section 184 has been abrogated, is to do a reasonable compensation in money the parties concerned than incur by the premature termination of the legal relationship of financial disadvantages. The provisions of the second section of the fifth part of the first chapter shall apply accordingly.
(2) to the compensation, the community is required. Not concluded an agreement on compensation, the higher administrative authority decides.
(3) If a lease kleingärtnerisch used overland is lifted according to section 182, 183 § or § 184, the municipality except for compensation is obliged also to the provision or procurement of spare land referred to in paragraph 1. Compensation in money is appropriate to take into account the provision or acquisition of replacement lands. The higher administrative authority may exempt from the obligation to provide or procurement of spare land the municipality if the municipality can prove that she is unable to meet.

§ 186 the municipality can extension of rental or lease conditions at the request of the lessee or tenant a lease or lease extend beyond residential or business premises in the formally defined redevelopment area, in the urban development area, or in regard to measures according to the sections 176 to 179, insofar as this is necessary for the achievement of the social plan.
Ninth part of city-planning policies relating to measures for the improvement of agricultural structures § 187 coordination of measures; Urban land use planning and measures for the improvement of agricultural structures (1) in the preparation and implementation of town planning measures are measures to take into account the improvement of agricultural structures, including the results of planning according to section 1, paragraph 2, of the law on the joint task "Improvement of agricultural structure and coastal protection". It is expected that measures will lead to the improvement of agricultural structures to impact on the development of the municipal area, has to find whether plans to set up are and whether other urban development measures are to be carried in the municipality.
(2) in the case of the preparation of construction plans, the upper land consolidation authority has to consider whether a land consolidation or other measures for the improvement of agricultural structures to initiate are related.
(3) the community has the land consolidation authority and, if the measures aimed at improving the agricultural structures of other sites will be conducted, during the preparatory work for establishing the plans as early as possible to participate in.

§ Is intended 188 urban land use planning and land consolidation (1) a land reparcelling of land consolidation law in a community after release of the land consolidation authority or it is already assigned, the community is obliged to prepare plans in a timely manner, unless that land reparcelling is expected not affects the structural development of the municipal area.
(2) the land consolidation authority and the municipality are obliged as possible at an early stage to coordinate their intentions concerning the municipal area. Plans to only change up to the end of the land consolidation, if there is a match between the land consolidation authority and the municipality or if compelling reasons require the change.

§ 189 replacement land (1) in an urban development measure single agricultural or forestry operation is completely or partially claimed, the municipality will clarify also with the owner of the establishment whether he seeks another agricultural or forestry holding or agricultural or forestry spare land. When operating under-utilized is a settler body within the meaning of the Empire settlement Act, is to participate in settlement authority of the country.
(2) the community should seek to obtaining or providing suitable replacement lands and to provide you related plots as spare country, insofar as she do not need it for the tasks incumbent upon it.

§ 190 reparcelling occasion an urban development measure (1) be made in urban development measures agricultural or forestry land claim, a land consolidation procedures can be initiated at the request of the community with the consent of the higher administrative authority according to § 87 par. 1 of the land consolidation Act, when he distributed the affected resulting loss of land to a larger circle of owners or disadvantages for the general culture of the country, which caused by the urban development measures , should be avoided. The land consolidation procedure can already be arranged if a land-use plan is still not legally binding. In this case, the development plan prior to announcement of the land consolidation plan (section 59 para 1 of the land consolidation Act) must be entered into force. The municipality is carrier of the company within the meaning of section 88 of the land consolidation Act.
(2) the early execution of the land consolidation plan under section 63 of the land consolidation act can already be arranged if the land consolidation plan is announced.
(3) the admissibility of expropriation in accordance with the provisions of this code shall remain unaffected even after introduction of the land consolidation process.

§ 191 regulations on trade with agriculture and the rules on the marketing of agricultural and forestry plots are forestry land In the territorial scope of a development plan or a restructuring statute does not apply, unless it is the sale of the business place of an agricultural or forestry operation or such land which are included in the development plan as land for agriculture or forest.
Third chapter regulations of first part valuation § 192 are expert Committee (1) to determine real estate values and for other valuations made independent, independent committees of experts.
(2) the expert committees consist of a Chairperson and honorary other reviewers.
(3) the Chairman and the other reviewer should be knowledgeable in determining property values or other valuations and experienced and may not full-time to managing the land of the authority for their area, the Expert Committee is formed, deals. Other necessary for the valuation data referred to in article 193, paragraph 5, sentence 2 determining the land values, as well as the staff of the competent financial authority with experience in the tax assessment of land as an expert is involve.
(4) the committees of experts use a branch.

§ 193 tasks of the Advisory Committee (1) the Expert Committee reimbursed opinion on the fair market value of developed and undeveloped land, as well as rights to land, if 1 the authorities responsible for the enforcement of this code when performing the tasks according to the book of this law, 2. the authorities responsible for the determination of the value of a parcel of land or compensation for a plot of land or a right to a property on the basis of other legal regulations , 3. the owners of them equal legitimate holder of other rights to the land and beneficiaries, for their part of the obligation is the value of the land of importance, 4 dishes, or judicial authorities request it. Application permissions in other legislation remain unaffected.
(2) the Expert Committee can reimburse also opinion on the amount of compensation for other financial disadvantages except over the amount of compensation for the loss of rights.
(3) the opinions have no binding effect, unless otherwise determined or agreed.
(4) a copy of the opinion must be sent to the owner.
(5) the evaluation team carries a price collection, evaluates them and determines land values and other data required for determining value. The other data required for the evaluation in particular 1 capitalization rate, with which the traffic values loans will bear interest of land on average (real estate interest rate), belong to 2 factors to adjust the property for the different land types, in particular Mietwohngrundstücke, business plots and mixed use land, the location on the land market (monetary factors), especially for the land types one and two-family homes, 3. conversion coefficients for the value ratio of otherwise similar land , such as with varying degrees of structural use and 4 comparison factors for built-up land, in particular related to a room or unit of area of construction plant (building factor) or on the sustainably recoverable annual yield (earnings factor).
The required data within the meaning of the sentences 1 and 2 shall be communicated the competent tax authorities for purposes of the tax assessment.

§ 194 market value which is market value (market value) by the price determined at the time of the discovery refers, in the ordinary course of business after the legalities and real properties, to achieve the other nature and the location of the land or other matter of the valuation without regard to unusual or personal circumstances would be.

§ 195 price collection (1) to conduct the purchase price collection is every contract by which someone undertakes to transfer ownership of a property for a fee, through the Exchange, or to order a ground lease for the first time, or again, to send the Expert Committee by the attesting body copy. This applies also for the offer and the acceptance of a contract, if they are recorded separately and accordingly for the agreement before an authority of expropriation the expropriation decision, the decision on an apportionment simplified the decision about the anticipation of a decision in the apportionment procedure, the decision on the apportionment plan, and for the supplement in a foreclosure proceeding.
(2) the purchase price collection should be sent only the competent Tax Office for purposes of taxation. Regulations, according to which documents or files to submit to the courts or public prosecutor's offices are, remain unaffected.
(3) information from the price collection are legitimately interested in accordance with national legislation to grant (§ 199 para. 2 No. 4).

§ Are 196 land values (1) on the basis of the price collection to find nationwide average position values for the soil, taking into account the different state of development (land values). In built-up areas, land values are the value to determine which would arise if the ground was undeveloped. There are benchmark zones to form, which each cover areas which largely correspond to the type and degree of use. The value-influencing characteristics of soil benchmark real estate shall be represented. The land values are to determine, if not a more frequent discovery is determined at the end of every second calendar year. For purposes of the tax valuation of real estate, land values are complementary according to financial management to the respective main finding time or other finding time to determine. At the request of the authorities responsible for the enforcement of this code, land values are based on a different point in time to determine for individual areas.
(2) the quality of the soil changes in an area with a zoning or other measures, also land values are based on the value of conditions at the time of the last main assessment or the last other finding time for tax purposes to determine when the next update of the land values on the basis of the amended quality. The discovery can be avoided if waived the competent tax office.
(3) the land values are to publish and notify the competent tax office. Anyone may request information on the land values by the clerk.

§ 197 powers of the Advisory Committee (1) who can review committee oral or written information from experts and from people catch up, which the plot and, if this is necessary to determine the cash benefits in the apportionment process, of compensatory amounts and of expropriation compensation, can provide information about a plot of land that should be used for comparison. It may require that owners and other owners of rights to a plot of land present necessary documents to guide the purchase price collection and assessment. The owner and the owner of the property have to tolerate that land for the evaluation are entered by purchase prices and the preparation of legal opinions. Apartments may be entered only with the consent of the owners.
(2) all courts and authorities have to make legal and administrative assistance to the Expert Committee. The financial authorities provide information about land the Expert Committee at the request unless you are familiar with the conditions of the land, and this is necessary for the determination of compensatory amounts and expropriation compensation, as well as for determining market values and for the determination required data including the land values. Information disclosure is not, as far as compliance with a disproportionate effort would entail.

Top committees of experts or central offices are section 198 top expert Committee (1) for the area of one or more of the higher administrative authorities to make if more than two committees of experts are formed in the area of the higher administrative authority. On the top committees of experts, the rules of the committees of experts are apply mutatis mutandis.
(2) the top expert Committee or the Central Office in particular the task to create a supra-regional evaluations and analysis of real estate markets, also have to contribute to a nationwide real estate market transparency. No upper Expert Committee or no Central Office is referred to in paragraph 1 to make set is 1 for the committees of experts in accordance with.
(3) the top expert Committee has to repay a high opinion, if there is already the opinion of an Advisory Committee at the request of a court.

§ 199 appropriations
(1) the Federal Government is authorized to adopt rules on the application of the same principles in determining the traffic values and in the derivation of the data required for the evaluation including the land values with the consent of the Federal Council by regulation.
(2) the land Governments are authorized by Legislative Decree 1 the education and the action of the committees of experts and the top committees of experts, as well as the central offices, as far as in this book of the law not already done, the participation of the experts and the exclusion in some cases, 2. the duties of the Chairman, 3. the establishment and the functions of the Secretariat, 4. the leadership and evaluation of price collection, the frequency of determining soil guideline as well as the publication of land values and other data of the value determination and provision of information from the Price collection, 5. the transmission of data of land consolidation authorities to guide and evaluate the price collection, 6 the transfer of additional tasks on the evaluation team and the top expert Committee and 7 to regulate the compensation of members of the Advisory Committee and the Committee of top experts.
Part II general provisions; Responsibilities; Administrative procedures; Plan conservation first section general rules § 200 plots. Rights to land; Land cadastre (1) which are applicable provisions of this Code apply similarly to land parts for land.
(2) the rules for the ownership of land are accordingly also on leasehold rights to apply, as far as this law prescribes otherwise.
(3) the municipality may now or in the near future buildable land capture in maps or lists on the basis of a plan of the location, the floor - and numbers of piece of floor, street names and information for the plot size contains (land cadastre). You may publish the surfaces in maps or lists so far has not objected to the property owners. The municipality has a month before to announce publicly their intention to publish it pointing to the right of the property owner.

include also alternative measures section 200a replacement measures representations for land compensation and determinations for surface or measures to compensate in the meaning of § 1a para 3. A close spatial relationship between intervention and compensation is not necessary, as far as this is compatible with an orderly urban development and the goals of spatial planning and nature conservation and landscape management.

§ 201 notion that agriculture is agriculture in the meaning of this code in particular the agriculture, the meadows and pastures including husbandry of animal, as far as feed predominantly on the farm belonging to, agricultural land produces can be, horticultural production, purchase fruit production, wine-growing, professional beekeeping and the professional inland fishing.

§ 202 to obtain topsoil, which is the establishment and change physical structures as well as in significant other changes of the Earth's surface is dug out, protection of topsoil in usable condition, and to protect against destruction or waste.
Second section responsibilities § 203 different jurisdiction (1) who can state government or the authority some of you in agreement with the municipality by decree that transferred the tasks whether after this law book of the community on an other local authority or the community appears on a bandage on its decision-making process determine.
(2) by State law, duties of municipalities can be transferred to municipalities, municipal associations or comparable legal groupings of communities, local self-government duties the community which national law after this code. In the Land Act is to regulate how the communities participate in the performance.
(3) the State Government onto the tasks assigned according to this law of the higher administrative authority by regulation other government agencies, counties or county-level municipalities.
(4) subject to the planning areas of common land use plans (section 204) or by land-use plans and ordinances of a Planning Association (article 205) of various higher administrative authorities, the Supreme State authority for the decision in the approval and approval procedures is responsible. Are the scopes in different countries, determine the Supreme Land authorities in mutual agreement.

Section 204 joint land use plan, planning for education planning associations and area or inventory (1) adjacent municipalities to prepare a joint land use plan if its urban development is determined by common conditions and needs, or a joint land use plan provides a fair balance of the various interests. A joint land use plan should be used in particular when the goals of spatial planning or if facilities and systems of public transport, other development systems as well as common needs or other follow-up bodies require joint planning. The joint land use plan can be only lifted by the participating municipalities, changed or supplemented; the communities may agree that extends the binding only on certain spatial or factual parts. An agreement of the involved municipalities certain representations is enough joint planning only for spatial or factual parts is required, place a joint land use plan in their land-use plans. Are the prerequisites for a joint planning are deleted pursuant to sentence 1 and 4 or their purpose has been reached, the communities involved can change the land use plan for their area or supplement; the higher administrative authority approval is required before the commencement of the construction guide plan proceedings.
(2) be changed communities in their area or population or jurisdiction passes to the establishment of land-use plans to associations or other municipal bodies, existing land use plans regulations without prejudice to differing national shall continue to apply. This also applies to spatial and functional parts of the land-use plans. The power and the duty of the municipality, an association or other body, to lift away applicable land use plans or to supplement for the new municipality to replace with a new land use plan, remain unaffected.
(3) procedures for the establishment, amendment, supplement or repeal of zoning can be continued after a territory - or inventory in their respective State. Sentence 1 shall apply accordingly in education planning associations and groupings according to article 205, paragraph 6. The higher administrative authority can require that certain sections of the procedure be repeated.

§ 205 planning associations (1) municipalities and other public planning institutions can to a Planning Association join forces, to achieve the balancing of various interests through common aggregate planning. The Planning Association acts in accordance with its articles of Association for the urban land use planning and its implementation at the point of communities.
(2) a merger is reached pursuant to paragraph 1, the parties at the request of a planning vehicle can be connected to a Planning Association, if this is urgently necessary for the good of the general public. The merger for reasons of spatial planning is also the body responsible for land planning law of country may file an application. The Government decides on the application. Are involved, is planning media of various countries the merger after agreement between the participating provincial governments. The merger is to the Federal Government or a federal Corporation or institution involved in the Planning Association be, after agreement between the Federal Government and the provincial government, unless the participating authority federal or federal entity or establishment is contrary to the merger by the provincial government.
(3) an agreement on the statute or of the plan among the members not be reached, is the competent authority of the country a Constitution or a plan and submits them to the Planning Association for decision. The members of this Statute or this schedule do not agree the Government sets the statutes or the plan. Paragraph 2 is set 4 apply mutatis mutandis. The Federal Government or a federal Corporation or institution on the Planning Association is involved, the statutes or the plan is set upon agreement between the Federal Government and the provincial government, unless the participating authority contrary to federal or federal Corporation or institution of setting by the Government.
(4) the tasks of the community, which are you according to the book of this law, may be transferred in accordance with the articles of association the Planning Association.
(5) the Planning Association is to dissolve if the conditions for the merger are accounts for or the purpose of the joint planning is achieved. A matching decision on the resolution is reached, the resolution at the request of a member must be located under the conditions referred to in sentence 1; the rest is to apply paragraph 2 accordingly. After dissolution of the Planning Association, the plans drawn up by him considered plans of individual municipalities.
(6) a merger is not excluded under the association law or by specific state laws by these rules.
(7) the power to draw up building plans is transferred according to the paragraphs 1 to 3 or 6, the drafts of the plans on grounds prior to the decision about this or fixing should be communities for their area, the construction guide plan is to set 2 or 4 pursuant to paragraph 3 to comment within a reasonable period of time to submit to. The treatment of the suggestions put forward by the communities within the prescribed period shall be governed according to § 3 para 2 sentence 4 and 6.

§ 206 local and material jurisdiction (1) fixed the authority in whose area the affected property is located. Plots are concerned that local or economically related and belong to the same owner, and are these lots in the area of more after this law book of factually competent authorities, the local competent authority is determined by the next higher joint authority.
(2) a higher administrative authority does not exist, the Supreme authority of the country is at the same time higher administrative authority.
Third section administration procedure § 207 of officio appointed representative is a representative does not exist, so the support court, for a minor party has a legal and competent representative the family court on request of the competent authority to order 1 for a party, whose person unknown, or for a person, whose participation is uncertain, 2nd for an absent parties, whose stay unknown or whose stay is known , but in the care of his financial matters is prevented, 3rd for a party whose Aufenthalt is not within the scope of this code is, if it is not complied with the request of the competent authority, to appoint a representative within the set time limit, 4 for total hands-on owner or owners fractions, as well as for multiple owners of a plot or a law burdening the property right of other , when the prompt of the authorities to appoint a joint representative, failed within the time limits set by them, 5th in abandoned land to maintain the rights resulting from the property and obligations.
For the order and for the Office of the representative you apply according to the rules of the civil code for the curatorship.

§ 208 arrangements for the investigation of the facts of the case the authorities can align to the exploration of the facts also, that parties appear in person 1, 2. documents and other documents presented, on which a party has referred, in their possession put forward 3 mortgage, mortgage and pension debt creditor the mortgage, mortgage and pension debt letters.
In the event that a party not comply with the arrangement, a penalty can be threatening to five hundred euros and set. A legal person or a non-incorporated association of persons is involved the penalty is to threaten the authorized by law or by statute and set against him. Threat and setting can be repeated.

§ 209 works on land (1) owner and owners have to tolerate, that representatives of the competent authorities for the preparation of the measures to be taken by them after this code enter land and carry out surveys, soil and groundwater investigations or similar work. Intend to carry out such work is previously known to give the owners or owners. Apartments may be entered only with the consent of the owners.
(2) immediate assets incurs disadvantages due to a measure permissible under paragraph 1 the owner or owners is so by the authority that issued the order to make reasonable compensation in money; not concluded an agreement on the money compensation, shall decide the higher administrative authority; the parties are to hear before deciding. An expropriation authority issued the order, the applicant, in whose interest the expropriation authority has acted, has to pay the compensation due to the victim; an agreement on monetary compensation not be reached, the expropriation authority shall set the compensation; the parties are to hear before deciding.

§ 210 re-establishment of rights (1) If a party no fault was unable to comply with a law or on the basis of this code certain period for a procedural act, is to grant restitutio in integrum him on request.
(2) the authority according to § 32 para 4 of the administrative procedure act may impose compensation for restitutio in integrum in place a decision that would change the new legal situation caused by the previous procedure.

§ 211 the administrative acts under this code is instruction on remedies be accompanied by a declaration by the person concerned about the appeal, which is against the administrative act, is informed about the place where to insert is the remedy, and the period.

By regulation determine § 212 preliminary proceedings (1) who can state governments, that an administrative measure adopted after the fourth or fifth part of the first chapter only may be challenged by application for judicial decision according to § 217, after its legality and usefulness in a pre-litigation procedure; been verified the process is in accordance with the provisions of the administrative court order to fix.
(2) a preliminary proceedings is provided, has the opposition against 1. apportionment decision according to § 47 para 1, 2. notice the nonrepudiation of the apportionment plan pursuant to § 71 para 1 and 3 the early possession permit according to § 77 or section 116 no suspensive effect. § 80 paragraph 4 and 5 of the administrative court procedure is to be applied accordingly.

Article 212a elimination of the suspensive effect (1) opposition and a third party against the approval of a project application for annulment have no suspensive effect.
(2) opposition and legal challenge to the assertion of the reimbursement amount under section 135a para 3 as well as the amount of compensation according to § 154 by the municipality have no suspensive effect.

§ 213 offences (1) is any person who 1 against his better judgement gives incorrect information or submits incorrect plans or documents to obtain an advantageous administrative act, or prevent a burdensome administrative act;
2 piles, stakes or other markings that serve preparatory work, takes away, altered, defaced makes or incorrectly sets;
3. one in a development plan pursuant to § 9 para 1 No. 25 point of b stipulated binding for planting and conservation of trees, shrubs and other plantings as well as waters thus contravenes, that this eliminated substantially impaired or destroyed shall be;
4. a structural system in the scope of a preservation statute (section 172 para 1 sentence 1) or a statute regarding the implementation of urban renovation measures (section 171, paragraph 1) without authorization re builds or modifies.
(2) that may offence in the cases of paragraph 1 Nos. 1 and 2 with a fine up to five hundred euro, in the case of paragraph 1 No. 3 with a fine of up to ten thousand euro and in the case of paragraph 1 No. 4 are punished with a fine up to twenty-five thousand euro.
Fourth section plan conservation § 214 Beachtlichkeit the violation of regulations on the establishment of the land use plan and the statutes; supplementary procedures (1) an is violation of procedural and formal requirements of this code for the legal validity of the land use plan and the constitutions according to this law book only considerably if 1 violates article 2 par. 3 the interests affected by planning which were known to the community or would have to be known, in essential points not applicable determined or evaluated been are and if the lack of obvious and on the outcome of influence has been;
2.
the rules on the public and agency involvement according to § 3 para 2, § 4 par. 2, Article 4a, par. 3 and 5 sentence 2, section 13, paragraph 2, sentence 1 Nos. 2 and 3 (also in conjunction with section 13a para 2 No. 1), section 22, paragraph 9, sentence 2, article 34, paragraph 6, sentence 1 and § 35 par. 6 set 5; injured It is irrelevant, in application of the rules individuals, authorities, or other carrier of public interests not are been involved, which corresponding concerns were however insignificant or have been considered in the decision, or individual information on what types of environmental information are available, have been lacking, if the note was missing half-sentence 2 (also in conjunction with article 13, paragraph 2, sentence 2 and section 13a, paragraph 2 No. 1) according to article 3, paragraph 2, sentence 2 , failed application of § 13 para 3 sentence 2 the statement to the effect that will be apart of an environmental assessment, or when applying Section 4a (3) sentence 4 or § 13 (also in conjunction with section 13a, paragraph 2 No. 1) the preconditions for the realization of the participation; been disregarded under these regulations
3. the regulations on the grounds of the land use plan and the statutes, and their designs according to §§ 2a, 3 para 2, § 5 para 1 sentence 2 clause 2 and para 5, § 9, paragraph 8 and article 22 paragraph 10; were injured It is irrelevant if the establishment of the land use plan or the articles of association or their design is incomplete; by way of derogation from clause 2 a violation of regulations on the environmental report is irrelevant, if the grounds only in minor points is incomplete;
4. a decision of the municipality over the land use plan or the articles of association not cool, not authorised by or pursued purpose of note not achieved with the announcement of the land use plan or the articles of Association.
As far as reasoning of the essential points is incomplete in the cases of the sentence 1 No. 3, has the municipality upon request to provide information if a legitimate interest is set out.
(2) for the legal validity of the plans is also irrelevant if 1 the requests to the separate development plan (§ 8 paragraph 2 sentence 2) or to the urgent reasons for the premature development plan referred to in article 8, paragraph 4 does not properly have been assessed;
2. § 8 para 2 sentence 1 in terms of developing the development plan of the land use plan has been breached, without affecting this the orderly urban development resulting from the land use plan; been
3. the development plan has been developed from a land-use plan, whose Unwirksamkeit turns out for violation of the rules of procedure or formalities including article 6 after announcement of the development plan.
4. in the parallel proceedings § 8 section 3 violated been is, without interfering with the orderly urban development is been.
(2a) for development plans, which are set up in the accelerated procedure according to § 13a, applies in addition to paragraphs 1 and 2 the following: 1. (dropped out) 2.
The failure of the notes pursuant to section 13a, paragraph 3 is irrelevant to the validity of the zoning plan.
3. the finding that an environmental assessment should, be avoided on a preliminary examination of the case according to § 13a section 1 sentence 2 No. 2, based preliminary examination is considered properly, if it has been carried in accordance with the provisions of section 13a para 1 sentence 2 No. 2 and your result is understandable; It is irrelevant if individual authorities or other carrier of public interests have not been involved. otherwise there is a lack of significant for the legal validity of the zoning plan.
4. the assessment that the cause of the exclusion does not exist according to section 13a (1) sentence 4, is considered to be true if the result is comprehensible and establishes through the development plan not the admissibility of projects according to column 1 of Schedule 1 to the Act on environmental impact assessment; otherwise there is a lack of significant for the legal validity of the zoning plan.
(3) for the balance, the material and legal situation at the time of adoption of the land use plan or the articles of Association is decisive. Defects in paragraph 1 sentence 1 No. 1 are subject to the control, not may flaws balancing asserted; In addition, deficiencies in the assessment process are only significant when they have been clearly and on the weighing result of influence.
(4) the land use plan or the articles of association can be used also retroactively into force through a complementary procedure to resolve errors.

§ 215 period for asserting the violation of rules (1) irrelevant are 1 one according to article 214 paragraph 1 sentence 1 of no. 1 to 3 significant injury there procedural and formal requirements, 2. designated a respectable, taking into account article 214, paragraph 2 violation of the regulations on the relationship of the development plan and of the land-use plan and 3. According to article 214, paragraph 3, sentence 2 substantial defects of the balancing process , if they have been made within one year of publication of the land use plan or the articles of Association in writing to the municipality under statement of the facts constituting the infringement claim. Sentence 1 shall apply mutatis mutandis if errors are remarkable according to § 214 paragraph 2a.
(2) when the enactment of the land use plan or the articles of Association is to indicate the conditions for the claim of violation of regulations, as well as to the legal consequences.

§ 215a (dropped out) § 216 tasks in the approval procedure of the obligation of the authority responsible for the authorisation procedure, to check compliance with the rules, the breach of which does not affect the sections 214 and 215 on the legal validity of a land use plan or a statute, shall remain unaffected.
Third part of proceedings before the Chambers (panels) for land matters § 217 request for judgment (1) administrative acts for the fourth and fifth part of the first chapter as well as according to §§ 18, paragraph 2, article 150, paragraph 2, section 179, paragraph 4, the §§ 181, 209 paragraph 2 or article 210 paragraph 2 28 paragraph 3, 4 and 6, paragraphs 39 to 44, 126 only by application for judicial decision will be challenged. Set 1 is also applicable to other administrative acts on the basis of this code for which the application of the second section of the fifth part of the first chapter is prescribed or that part of the first chapter are adopted, as well as on disputes over the amount of money compensation according to § 190 in conjunction with § 88 in a proceeding under the fourth or fifth no. 7 and section 89, paragraph 2, of the land consolidation Act. With the request for judicial decision, also the sentence to adopt an administrative act or other performance, as well as a statement can are coveted. The District Court, land Chamber decides on the request.
(2) the request is to submit within one month since the delivery of the administrative act on the authority which has issued the administrative act. The local publication of the administrative measure is prescribed, the application within six weeks since the notice is to submit. A preliminary proceedings (section 212) took place, the period specified in sentence 1 begins with the delivery of the decision, who has finished the process.
(3) the request must identify the administrative act against which it is aimed. It should contain the explanation, to what extent the administrative act is contested, and a specific request. It should indicate the reasons and the facts and evidence used to justify the request.
(4) the body which issued the administrative act has to submit the application with their files immediately to the competent District Court. The proceedings before the Office is still not completed, copies of the important pieces of the file are instead of files to submit.

§ 218 restitutio in integrum (1) a party no fault was unable to comply with the time limit pursuant to article 217, paragraph 2, it shall at the request of the Court Chamber in land matters, to grant restitutio in integrum if he submits the request for judicial decision within two weeks after removal of the obstacle and proves the facts which justify the reinstatement. The immediate appeal at the High Court, Senate building land matters, takes place against the decision on the application. After one year, expected by the end of the missed deadline to the re-establishment of rights may no longer apply.
(2) the administrative act contested is an expropriation decision and is replaced already by the new State of the law (§ 117 paragraph 5) the previous state of the law, so the Court can not annul the expropriation decision and do not change with respect to the subject matter of the expropriation or the kind of compensation in case of reinstatement.

Section 219 territorial jurisdiction of the regional courts (1) fixed the District Court, in whose district the authority that has issued the administrative act is based is responsible.
(2) the provincial governments can assign the negotiating and deciding on applications for judicial decision a regional court for the districts of several district courts by Decree, if the summary for a promotion or faster completion of procedures is appropriate. The State Governments can transfer this authorization to the land justice administrative authorities.

§ 220 composition of the Chambers in land matters
(1) in the case of the district courts of one or more chambers for land matters are made. The Board shall decide in land matters in the cast with two judges of the regional court including the Chairperson, as well as a full-time judge of an administrative court. The rules on the single judge are not applicable.
(2) the judges of administrative courts and representatives required for the case of their incapacitation are appointed by the Supreme country authority responsible for the administrative jurisdiction for a period of three years.

General rules of procedure (1) the matters that are pending on the basis of an application for judgment in the courts, section 221 are to apply regulations according to claims in civil litigation, unless otherwise specified in §§ 217-231. Section 227 paragraph 3 sentence 1 of the code of civil procedure shall not apply.
(2) the Court may also officio order the recording of evidence and after hearing of the parties consider also such facts that have not been put forward by them.
(3) several requests for judgment are against same administrative act, they negotiated at the same time and decided.
(4) the rules on the advance payment of the fee for the procedure in general are according to § 12 para 1 sentence 1 and 2 of the court fees Act does not apply.

§ 222 involved is (1) who in the process, in which the administrative act was issued, was involved in the judicial proceedings of involved, if his rights or obligations may be affected by the Court's decision. In the court proceedings, the Office is participants who issued the administrative act.
(2) the application for court is the other in paragraph 1 sentence 1 designated parties, insofar as they are known, to deliver.
(3) on the involved rules of civil procedure applicable to the parties are to apply accordingly. section 78 of the code of civil procedure in proceedings before the District Court and the Court of appeal applies only to parties to the applications in the main.

§ 223 appeals discretion as far as the body that has issued the administrative act, is empowered to act at its discretion the application can be supported only, that the decision is unlawful because the legal limits of discretion are exceeded or the discretion in a manner not corresponding to the purpose of the authorization has been used. This does not apply, has been decided in the administrative act of a right to a cash benefit.

§ 224 reduced the suspensory effect with application for judicial decision the application for judicial decision against 1 the apportionment decision according to § 47 para 1, 2. notice the nonrepudiation of the apportionment plan according to § 71 section 1, 3. the early possession permit according to § 77 or section 116, as well as 4 the right to claim of the amount of reimbursement of costs pursuant to section 179, paragraph 4 has no suspensive effect. § 80 para 5 of the administrative court procedure is to be applied accordingly.

§ 225 premature execution arrangement is only a money compensation disputes, so the Court at the request of the Enteignungsbegünstigten may decide that the expropriation authority to order the execution of the expropriation decision has. In the decision, it can be determined that the Enteignungsbegünstigte for the amount in dispute has to provide security. The execution order may be issued only if has the fixed monetary compensation of the Enteignungsbegünstigte or under a waiver of the right of withdrawal deposited legitimately.

Article 226 judgment (1) will be decided by judgment on the request for judicial decision.
(2) shall be deemed an application for judgment concerning a claim to a payment in cash, to be well-founded, the Court has to change the administrative act. A request for judgment to be well-founded is considered in other cases, the Court must annul the administrative act and, if necessary, to pronounce that the body which issued the administrative act is obliged to decide on the matter in accordance with the legal opinion of the Court not elsewhere specified.
(3) the Court can also change an expropriation decision, if the application for judgment concerns not a claim to payment in cash. It may also change the expropriation decision in this case on the application of the person concerned, who has filed for the Court decision, unless it has requested the other party to a; a change of the expropriation decision to the detriment of him who has filed the Court decision, is not permitted. An expropriation decision modifying the article 113, paragraph 2 shall apply mutatis mutandis. An expropriation decision will be repealed or modified with respect to the subject matter of the expropriation, the Court in the case of § 113 5 are the enforcement court by its ruling noted.
(4) only one is of multiple applications or only a part of a request to the final decision is ripe, so the court thereon to issue only a partial judgment, if it appears necessary to accelerate the process.

Omission of parties (1) the party who has filed the Court decision, in an appointment for the hearing appears § 227, so can also then verbally be negotiated, if one does not appear to the other parties. An application put a not written by participants at a previous hearing, can be decided according to the files.
(2) the party who has filed for the Court decision in a date for the hearing, so any other interested person may request a decision according to the files appears.
(3) §§ 332 to 335, 336 (2) and section 337 of the code of civil procedure shall apply mutatis mutandis. In addition, the rules on default judgments are not to apply.

§ 228 costs of the proceedings (1) if the party wins, which has filed the Court decision, applies, if none has been related applications in the main of those involved in the conflict, in application of the cost provisions of the code of civil procedure the authority that has issued the administrative act, as the unsuccessful party.
(2) the Court at the request of the person concerned decides the costs of a party who has made no request to the main thing, in its reasonable discretion.

§ 229 appeal, appeal (1) on the appeal and the decision the higher regional court, Senate for land matters, in the lineup with two judges of the higher regional court including the Chairperson and a full-time judge of the Oberverwaltungsgericht. Section 220, paragraph 1, sentence 3 and paragraph 2 shall apply mutatis mutandis.
(2) the provincial governments can assign the negotiating and decision-making about the appeals and appeals against the decisions of the Chambers for land matters a Court of appeal or the Supreme Court for the districts of several courts of appeal by means of an Ordinance, if the summary for a promotion or faster completion of procedures is appropriate. The State Governments can confer Ordinance on the land justice administrative authorities this empowerment.

Revision on the revision of the Supreme Court decides § 230.

§ 231 agreement some is the parties during court proceedings, which concerns an expropriation, so apply according to §§ 110 and 111. The Court takes the place of the expropriation authority.

Section 232 the negotiation and decision on measures of expropriation and dispossession same interventions that relate to the items referred to in section 86 and based on national law or national law are made, and claims for compensation can transfer by law more competence of the Chambers (Senate) for land matters the countries the Chambers and Senates for building things and explain the provisions of this part apply.
Fourth chapter Überleitungs-and final provisions part excess cable rules § 233 General excess line rules (1) proceedings under this Act, which are formally initiated prior to the entry into force of amendments in legislation be completed under the existing legislation, unless otherwise determined below. Is with legally prescribed steps of the proceedings not yet begun was, can this also to the provisions of this Act be performed.
(2) the provisions of the third chapter of second part of fourth section to plan conservation are also on land-use plans and Ordinances apply accordingly to which are in force on the basis of previous versions of the Act. Without prejudice to the set 1, reasonable or reasonable by deadline error in the preparation of land use plans and ordinances continue for the validity of this land-use plans and ordinances are irrelevant on the basis of previous versions of the Act. The applicable before the entry into force of the amendment legislation asserting the violation of procedural and formal requirements, defects of balancing and other requirements including their periods continue to apply for land use plans in force before the entry into force of amendments in legislation and by-laws are derogation from sentence 1.
(3) effective on the basis of previous versions of this law or derived over plans, statutes and decisions shall continue to apply.

§ 234 parent management provisions for the right of first refusal (1) for the right of first refusal are the valid at the time of the Verkaufsfalls city building regulations apply.
(2) statutes, adopted on the basis of article 25 of the Federal Building Act is considered articles of association according to § 25 para 1 sentence 1 No. 2 further.

§ Are 235 excess line rules for urban rehabilitation and development measures (1) on urban rehabilitation and development measures for the prior to the entry into force of an amendment under the existing legislation the beginning of preparatory studies or the preliminary investigations has been chosen to apply the provisions of this Act by way of derogation from article 233, paragraph 1; completed this procedure shall remain unaffected. Is an urban development action however formally set before July 1, 1987 were, are the sections 165 to 171 in the version applicable up to 30 April 1993 continue to apply; is to proper conduct according to the goals and purposes of such a development measure a change in the scope of which is required for development measures regulation article 53 in connection with § 1 of the urban development promotion Act continue to apply.
(2) is a urban rehabilitation measure formally laid down before 1 January 1998 was only the permit requirement is excluded in the version applicable up to 31 December 1997, after the restructuring statute pursuant to article 144, paragraph 2 a Division requires and continue the prior written approval of the municipality. The community has with share restructuring statutes immediately afterwards the land registry office within the meaning of sentence 1 in the appropriate application of the applicable from 1 January 1998 § 143 para 2 sentence 1 to 3.
(3) in the area in which the basic law was already before October 3, 1990, § 141 para 4 on decisions about the beginning of the preparatory studies that have been published before 1 May 1993 does not apply is.
(4) restructuring statutes, which have been made known prior to January 1, 2007, are to pick up no later than December 31, 2021 with the legal effect of section 162 para 1 sentence 1 No. 4, except, according to § 142 para 3 sentence 3 or 4, it has been set a different period for the implementation of the rehabilitation.

Section 236 excess management provisions for the construction bid and maintaining physical structures (1), section 176 is para 9 to apply no. 5 on expropriation proceedings under article 85, paragraph 1, if the owner fails to meet the obligation from a construction bid, which has been ordered after May 31, 1990.
(2) section 172 paragraph 1 sentence 4 to 6 does not apply to the formation of partial and condominium, whose registered has been applied for prior to June 26, 1997. The same applies if a claim on education or transfer of residential property and part was backed up prior to June 26, 1997 by a flag. § 172 as amended as of 1 January 1998 is also on statutes that customary manner had are made known before January 1, 1998, to apply.

§ 237 (dropped out) § 238 reconciliation provision for compensation was the amendment of § 34 of the Federal construction law by the law amending the Federal construction law of 18 August 1976 which is cancelled or significantly changed until then allowed use of a land compensation in appropriate application of §§ 42, to grant 43 para. 1, 2, 4 and 5 and of section 44 subsection 1 sentence 2, par. 3 and 4; This does not apply, in the time in which according to § 44 par. 3 to 5, compensation may be required a corresponding abolition or change of the permitted use would occur also according to § 34 of the Federal Building Act in force until December 31, 1976 amended, without that the repeal or amendment of compensation would have been according to section 44 of the Federal Building Act in force until December 31, 1976 amended. Repealed by the amendment of section 34 by the European law adaptation Act construction of 24 June 2004 the hitherto permissible use of a parcel of land or substantially modified, sentence 1 is apply mutatis mutandis.

§ 239 transition rules for the border regime has the community the decision on the border regime (version applicable to article 82 in before July 20, 2004) before July 20, 2004 the provisions of the second section of the fourth are part of the first chapter before July 20, 2004 amended to continue to apply.

§§ 240 and 241 (dropped out) - section 242 excess management rules for the development of (1) existing development systems, a dues on the basis of the provisions applicable up to June 29, 1961 not could be, no contribution may be raised even after this law book.
(2) as far as long-term contracts or other agreements, in particular the collection of funds for the construction of roads in road-building funds or special accounts passed on June 29, 1961, to meet residents contribution obligations, the countries can settle their settlement by law.
(3) article 125 par. 3 is to apply also to development plans, which have entered into force before 1 July 1987.
(4) section 127 subsection 2 No. 2 is to apply also to transport facilities, which have finally been manufactured before July 1, 1987. Before July 1, 1987 a contribution obligation originated under State law, it remains there.
(5) is for a children's playground a contribution obligation already on the basis of the rules applicable before 1 July 1987 (section 127 subsection 2 Nos. 3 and 4 of the Federal construction law) created, it will remain there. The municipality should refrain wholly or in part by the imposition of the development contribution, if this is necessary due to the local conditions, in particular taking into account the benefits of the children's playground for the general public. Sentence 2 is also on posts created before July 1, 1987 to apply if 1 the post is still not paid or 2 he was paid, but the post decision becoming still not final.
(6) section 128, paragraph 1 is also to apply if the assignment plan (section 66 of the Federal Building Act) or the preferential scheme (section 76 of the Federal Building Act) object known is made before July 1, 1987 (section 71 of the Federal Building Act).
(7) is decided before July 1, 1987 the deferral of contribution for agricultural land (§ 135 para 4 of the Federal construction law) and has become the decision still not final, section 135 (4) this code shall apply.
(8) section 124 (2) sentence 2 in the version applicable up to June 21, 2013 is to apply also to cost arrangements in development contracts concluded before 1 May 1993. On these contracts, § 129, paragraph 1, sentence 3 is applying.
(9) for systems of development of or parts of development systems in the area referred to in article 3 of the Unification Treaty, which have been manufactured already before the accession becomes effective, a development contribution under this Act may not be brought. Already made systems of development of or parts of development systems are a technical development program or completed local expansion of customs according to plants of development of or parts of development systems. Achievements that have contributory for the production of systems of development of or parts of development systems, are attributable to the development contribution. The State Governments be empowered to meet as needed reconciliation rules by Decree.

§ 243 parent management rules for the measures Act to the Federal building code and the federal nature conservation Act (1), section 233 is on procedures, plans, rules and decisions, which have become initiated, entry into force or effective on the basis of the measures Act to the Federal building code, apply mutatis mutandis.
(2) when construction guide proceedings, which are formally initiated before 1 January 1998, the impact regulation can be applied further under the federal nature conservation act in the version applicable up to 31 December 1997.

§ Run according to the provisions of this Act to end procedures for construction land-use plans and ordinances according to article 34, paragraph 4, sentence 1 and § 35 paragraph 6, which are formally been initiated after July 20, 2004, or that will be completed after July 20, 2006 244 excess management rules for the European law adaptation Act construction (1) by way of derogation from article 233, paragraph 1.
(2) by way of derogation from paragraph 1 the provisions of the building code in force before July 20, 2004 apply to zoning procedures formally are implemented in the period from March 14, 1999 until July 20, 2004 and will be completed before July 20, 2006, continue to. Is with legally prescribed steps of procedure not yet begun was, can this also to the provisions of this Act be performed.
(3) only apply to § 4 section 3 and section 4 c plans, carried out pursuant to paragraph 1 or 2 according to the provisions of this Act to an end.
(4) (lapsed)
(5) the municipalities can pick up statutes, adopted on the basis of § 19 before July 20, 2004 amended by statute. The municipality has known customary manner herein to make; She can make the notice also in corresponding application of § 10 para 3 sentence 2 to 5. Notwithstanding sentences 1 and 2, statutes on the basis of § 19 in the before July 20, 2004 are amended to no longer apply. The municipality has to indicate the non-application of these rules until 31 December 2004 by local publication. The municipality has one by you pursuant to section 20 para 3 in force before July 20, 2004 caused opposition to ask the land registry to delete.
(6) for one on the basis of § 22 in before July 20, 2004 amended effectively adopted Statute is section 22 amended before July 20, 2004 to June 30, 2005 continue to apply. On the Statute article 22 as amended is to apply when the land registry office before the end of June 30, 2005 is a the requirements of § 22 paragraph 2 sentence 3 and 4 notice of the community is entered. Is the notice with regard to the articles of association not on time, the Statute on the operations covered by it is no longer to apply. A suspension of the version according to § 22 paragraph 6 sentence 3 in the before July 20, 2004 applicable certification is effective at the latest until 30 June 2005. The Building Authority has to consult the land registry to delete a version of caused disagreement in the land register it pursuant to section 20 para 3 as amended prior to July 20, 2004 or on the basis of set force 1 or 4 in conjunction with article 20 para. 3 in the before July 20, 2004, if the Statute is no longer applicable, or the suspension of the certification system is ineffective.
(7) section 35, paragraph 5, sentence 2 does not apply to the admissibility of a project that has the change of use of a structural system for content, utilizing existing has been received before July 20, 2004 legitimately.

§ 245 parent management provisions for the urban redevelopment, the social city and promoting urban development measures (1) an of a municipality until July 20, 2004, with regard to the administrative arrangements concerning the granting of financial assistance of the Federal Government to the States after Article 104a para 4 of the basic law in force until 20 July 2004 amended to promote urban development measures was approved area for urban reconstruction measures, as well as a urban development concept for the town for this employee is considered urban reconstruction and urban development concept within the meaning of § 171 b. () (2) an of the municipality until to July 20, 2004, with regard to the administrative arrangements concerning the granting of financial assistance of the Federal Government to the States 104a para 4 of the basic law in force until 20 July 2004 amended to promote urban planning measures was approved area referred to in article is considered city as well as a concept for this set up the town for measures of the social area and development concept within the meaning of § 171e.
(3) to promote urban planning measures until 1 September 2006 at the latest, management agreements concluded concerning the granting of financial assistance of the Federal Government to the States referred to in article 104 para 4 of the basic law in its version applicable up to September 1, 2006 § 164 is b in its version applicable up to September 12, 2006 up to December 31, 2019 to apply.

§ 245a excess management rules on the occasion of the law to strengthen the internal development in the cities and towns and further development of the urban planning law (1) the rules on the admissibility of plants to child care, as well as equipment for the use of solar radiation energy and power CHP plants in section 3, subsection 2 number 2 and § 14 paragraph 3 of amended by applicable building Ordinance in the 20 September 2013 are subject to the sentence 2 and paragraph 2 for development plans , which are in force on the basis of the building Ordinance in a version before September 20, 2013. Sentence 1 shall not apply as regards childcare facilities, if before September 20, 2013 the exceptional admissibility of these facilities according to § 3 paragraph 3 number 2 of the building Ordinance in the 27 January 1990 force until 20 September 2013 version by determinations pursuant to section 1, paragraph 6 number 1, paragraph 8 and 9 of the building Ordinance has ruled out.
(2) the restricted from article 3, paragraph 2 number 2 and article 14 paragraph 3 of the building Ordinance in from 20 September 2013 amended in connection with paragraph 1 1 resulting admissibility of systems for child care and equipment for the use of solar radiation energy and power heat cogeneration plants set can change the development plans in accordance with the regulation of building use or excluded; Here are the rules of this code on the establishment of the plans, including the sections 14 to 18, to apply. The procedure for the amendment of zoning pursuant to sentence 1 may be initiated before September 20, 2013.
(3) representations in land use plans, the legal effect of section 35 paragraph 3 sentence 3 have achieved number 4 before September 20, 2013, on structural installations for animal husbandry in the sense of article 35, paragraph 1, point 4 have these legal effects in relation to structural systems of livestock within the meaning of article 35, paragraph 1 amended September 20, 2013. If a Fort are of the legal effects of the original planning objectives pursuant to sentence 1, the community finds this in a decision, is to make the customary manner. With the customary notice of decision, the respective representations considered lifted; the land use plan is to adapt by way of correction.
(4) If for approval decisions about equipment for animal husbandry, which number 4 procedures laid down in article 35 paragraph 1, before the end of the 4 July 2012 with the competent authority a request is received, article 35, paragraph 1 is to apply paragraph 4 in its version applicable up to September 20, 2013.

§ 245b excess line rules for projects in the outdoor area (1) (dropped out) (2) which countries can determine that the time limit under article 35, paragraph 4, sentence 1 No. 1 letter c is not applicable is.

section 245c (fallen away) second part final provisions § 246 special arrangements for individual countries; Special arrangements for refugee accommodation (1) in the States of Berlin and Hamburg are the authorisations provided for in article 6, paragraph 1, section 10, paragraph 2, and article 190, paragraph 1 or consents; the State of Bremen can determine that accounts for these approvals or consents.
(1a) which can countries determine that zoning, not approval and constitutions to see § 35 par. 6 and § 165 paragraph 6 before their entry into force of the higher administrative authority according to § 34 paragraph 4, sentence 1, This does not apply for zoning according to § 13. The higher administrative authority has the violation of legislation, that would justify a refusal of permission under section 6(2), to claim within one month after receipt of the notification. The development plan and the articles of association may be used only if the higher administrative authority not claimed the violation of laws and regulations within the period referred to in sentence 2.
(2) the States of Berlin and Hamburg determine, what form of regulation to replace the rules laid down in this code occurs. The State of Bremen can make such a provision. The States of Berlin, Bremen and Hamburg can make arrangements deviating from § 10 para 3, § 16 par. 2, article 22, paragraph 2, article 143, para. 1, § 162 (2) sentence 2 to 4 and § 165 paragraph 8.
(3) § 171f is to apply also to legislation of the countries, which have entered into force before 1 January 2007.
(4) the Senate of Berlin, Bremen and Hamburg countries be empowered to adapt the regulations of this code on the jurisdiction of authorities to the special institutional capacity building in their countries.
(5) the State of Hamburg applies for the application of this code as a municipality.
(6) (dropped out), (7) which can countries determine that section 34 para 1 sentence 1 until December 31, 2004, not for shopping malls, large retail companies and other large commercial establishments within the meaning of section 11 subsection 3 of the building Ordinance is. Is through a scheme pursuant to sentence 1 which is permitted use of land repealed or substantially amended, until then to apply section 238 according to.
(8) until December 31, 2019 section 34 applies to paragraph 3a set 1 in accordance with the change of use of legitimately of established business, Office or administrative buildings in structural systems, which serve the accommodation of refugees or asylum desire ends, and to the extension, amendment or renewal.
(9) until December 31, 2019, applies the legal consequence of § 35 paragraph 4 sentence 1 for projects which serve the accommodation of refugees or asylum desire ends, if the projects in the immediate spatial connection with built-up surfaces to be assessed according to article 30, paragraph 1 or article 34 within the settlement area will be.
(10) until December 31, 2019 shared accommodation or other accommodations for refugees or asylum would end by the determinations of the development plan may be exempted in industrial zones (§ 8 of building use regulation, also in conjunction with § 34 paragraph 2) for recording facilities, if at the site systems for social purposes as an exception may be admitted or are generally allowed and the divergence under appraisal agencies interests with public matters is compatible. Article 36 shall apply mutatis mutandis.

section 246a floodplains, flood-prone areas on the occasion of the new announcement of a land use plan pursuant to § 6 paragraph 6 to which are in § 5 paragraph 4a designated areas in accordance with this provision informed and noted.

Section 247 special arrangements for Berlin as the capital of the Federal Republic of Germany (1), in the preparation of construction plans and other statutes to this code should be balancing the concerns arising from the development of Berlin as the capital of Germany, and particularly into account the requirements of the constitutional organs of the Federal Government for the performance of their tasks.
(2) the concerns and requirements referred to in paragraph 1 be discussed between federal and Berlin in a Joint Committee.
(3) there will be the Committee any match, the constitutional organs of the Federal Government to determine independently their needs; they have to take into account an orderly urban development of Berlin. The plans and other statutes are according to this book of the law to adapt to meet the identified needs in an appropriate manner.
(4) have the constitutional organs of the federal sentence 1 established requirements pursuant to paragraph 3 and the establishment of a construction plan or an other statutes to their achievement is, according to this law the construction control plan or the articles of association should be.
(5) (lapsed) (6) (dropped out) (7) the development of parliamentary and Government departments in Berlin meets the objectives and purposes of an urban development action according to § 165 paragraph 2 (8) is in the context of authorisation, consent or other procedure for projects of the constitutional organs of the Federal Government to exercise discretion or are trade-offs or to carry out assessments, the requirements established by the constitutional bodies of the Federation according to paragraph 3 with the weight coming to them according to the basic law are taken into account. Paragraph 2 shall apply accordingly.

§ 248 special scheme for the economical and efficient use of energy in areas with development plans or regulations according to § 34 paragraph 4 sentence 1 minor deviations from the stipulated level of structural use, the construction and the überbaubaren plot are number 2 or 3 measures on existing buildings for the purpose of energy saving permitted, insofar as this is compatible with neighborly interests and building cultural concerns. Sentence 1 applies accordingly for equipment for the use of solar radiation energy in, on, and on roof and exterior wall surfaces. In the hamlets, built-up in the context apply sentences 1 and 2 accordingly for deviations from the requirement of insertion in the character of the surrounding area (§ 34 paragraph 1 sentence 1).

§ 249 special arrangements for wind energy (1) a land use plan are represented additional land for the use of wind energy, it does not follow, that the existing representations of the land use plan to obtain the legal effects of § 35 paragraph 3 sentence 3 are not sufficient. Sentence 1 applies accordingly for the modification or repeal of representations to the extent structural use. Sentences 1 and 2 shall apply mutatis mutandis for development plans, which are developed from the representations of the land use plan.
(2) according to article 9, paragraph 2, sentence 1, number 2 can be set also that the wind turbines used in the land-use plan are allowed only if it is ensured that after the construction of the wind turbines used in the land-use plan other reasonable period to be determined, wind turbines within one in the zoning be dismantled in the development plan. The locations of the back zubauenden wind turbines can be also outside the zoning area or outside the territory of the municipality. Representations in the land-use plan, which have the legal effect of section 35 paragraph 3 sentence 3, can be associated with provisions according to sentences 1 and 2 with effect for the admissibility of wind turbines according to § 35 paragraph 1 number 5.
(3) the countries can determine through provincial laws to victory 31 December 2015 to that article 35, paragraph 1 is number 5 on the projects, which serve the exploration, development or use of wind energy, only application if they keep a certain distance to the permitted construction uses referred to in the law of the country. The details, in particular establishing distance and the effects of the set distances on expulsions in existing land use plans and spatial plans, are to regulate in national laws pursuant to sentence 1. The countries may permit deviations from the specified intervals in national laws pursuant to sentence 1.

Appendix 1 (to section 2 (4), sections 2a and 4 c) the environmental report according to § 2 para 4 and § 2a sentence 2 No. 2 consists of 1 an introduction with the following information: a) short description of the contents and the main objectives of the construction plan, including a description of the determinations of the plan with information on sites, nature and scope and need for land of planned projects , and b) representation of the objectives laid down in relevant trade laws and trade plans of environmental protection, which are, for the construction control plan of importance and the way in which these objectives and the environmental concerns at the site were taken into account, 2 a description and assessment of the environmental effects that in of the environmental assessment according to § 2 para 4 sentence 1 was determined, with indications of a) inventory of the relevant aspects of the current state of the environment , including the environmental characteristics of areas likely to be significantly affected, b) forecast of the development of the environmental State in carrying out planning and not carrying out planning, c) measures envisaged to prevent, reduce and compensate for the adverse effects and d) eligible other planning opportunities, taking into account the objectives and the geographical scope of the construction plan, 3. following additional information : a) description of the main features of the technical methods used in the environmental assessment, as well as information on difficulties that have occurred during the compilation of the information, including the technical gaps or lack of knowledge, b) description of the planned measures for monitoring the significant impact of the implementation of the construction plan on the environment and c) understandable summary of the required information according to this system.

Annex 2 (to section 13a para 1 sentence 2 No. 2) (site: BGBl. I, 2006, 3316; regarding the details of the changes see footnote) the following criteria shall apply insofar as reference is made to annex 2.
1. characteristics of the development plan, in particular as regards 1.1 the extent in which the development plan provides a framework within the meaning of § 14 b of paragraph 3 of the law on environmental impact assessment;
1.2 the extent to which the development plan influences other plans and programmes;
1.3 the importance of the development plan for the inclusion of environmental, including health-related considerations, in particular with regard to the promotion of sustainable development;
1.4 the relevant to the zoning environmental, including health-related problems;
1.5 the importance of the development plan for the implementation of national and European environmental legislation.
2. characteristics of the potential impact and expected to affected areas, particularly with regard to 2.1 the probability, duration, frequency and reversibility of the effects;
2.2 the cumulative and cross-border nature of the effects;
2.3 the risks for the environment, including human health (for example in case of accidents);
2.4 the scope and the spatial extent of the effects;
2.6 the importance and sensitivity of the area likely to be affected due to the special characteristics of natural, cultural heritage, the intensity of land use of the area under consideration exceeded environmental quality standards and limit values;
2.5 following areas: 2.6.1 according to § 7 paragraph 1 number 8 of the federal nature conservation Act, 2.6.2 unless already number 2.6.1 covered by Natura 2000 sites protected areas in accordance with article 23 of the federal nature conservation Act, 2.6.3 unless already covered national parks pursuant to section 24 of the federal nature conservation Act, paragraph 2.6.1, 2.6.4 biosphere reserves and protected areas in accordance with articles 25 and 26 of the federal nature conservation Act, 2.6.5 legally protected biotopes in accordance with section 30 of the federal nature conservation Act, 2.6.6 water protection areas in accordance with article 51 of the water management act , Mineral spring reserve referred to in section 53, paragraph 4, of the water resources Act, as well as flood areas according to § 76 of the water resources Act, 2.6.7 areas in which the environmental quality standards laid down in legislative acts of the European Union are already exceeded, 2.6.8 areas with high population density, in particular central places within the meaning of § 2 paragraph 2 No. 2 of the spatial planning Act, 2.6.9
Monuments recorded in official lists or cards, monument ensembles, monuments or areas that have been classified by the conservation authority determined by the countries as archeologically significant landscapes.