Read the untranslated law here: http://www.gesetze-im-internet.de/bbodschg/BJNR050210998.html
Law to protect against harmful soil changes and for the remediation of contaminated sites (Federal soil protection act BBodSchG) FunctionA Ausfertigung date: 17.03.1998 full quotation: "federal soil protection act of 17 March 1998 (BGBl. I p. 502), most recently by article 5 paragraph 30 of the Act of February 24, 2012 (BGBl. I p. 212) is changed" stand: last modified by article 5 para 30 G v. 24.2.2012 I 212 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.3.1999 +++) the G 1 G v. 17.3.1998 was adopted as article I 502 of the Bundestag with the consent of the Federal Council and set 2 of this G on the 1.3.1999 pursuant Article 4 enter into force. The provisions which authorize the adoption of legal regulations, as well as section 20 pursuant Article 4 sentence 1 of the 25.3.1998 into force.
Table of contents part I General provisions article 1 purpose and principles of the Act section 2 definitions article 3 scope part principles and obligations Article 4 obligations Article 5 security unseal § 6 up and materials on or in the ground of section 7 pension obligation § 8 values and requirements of § 9 risk assessment and examination regulations article 10 other arrangements part additional requirements for contaminated sites section 11 acquisition section 12 information of the persons concerned § 13 remediation investigations and remediation planning § 14 official remediation planning § 15 official monitoring , Autocontrol § 16 supplementary arrangements for the remediation of contaminated fourth part of agricultural land use section 17 good farming practice in the agriculture part five final provisions article 18 experts and investigating bodies section 19 transfer of data article 20 hearing actor circuits section 21 national regulations section 22 fulfilment of binding decisions of the European communities article 23 national defence section 24 costs § 25 margin section 26 fine rules of first part general provisions § 1 purpose and principles of the law this law aims , sustainable soil functions to back up or restore. This harmful soil changes to ward off, the ground and contaminated sites, and this caused water pollution are to rehabilitate and to take precautions against adverse effects on the ground. Impairments to its natural features and its function as an archive of natural and cultural history should be avoided as far as possible with agents on the ground.
Article 2 definitions (1) ground within the meaning of this Act is the top layer of the Earth's crust, where carriers of the soil functions referred to in paragraph 2, including the liquid components (soil solution) and gaseous components (soil air), excluding groundwater and water beds.
(2) the floor met in the meaning of this Act 1 natural functions as a) livelihood and Habitat of humans, animals, plants and soil organisms, b) component of the ecosystem, in particular with its water and nutrient cycles, c) breakdown, compensation and construction medium for material influences due to the filter, buffer, and conversion properties of substances, in particular on the protection of groundwater, 2. functions as a archive of natural and cultural history, as well as 3. use functions as a) mineral deposits , b) area for settlement and recreation, c) site for the agricultural and forestry use, d) location for other economic and public uses, transport, supply and disposal.
(3) harmful soil changes in the meaning of this law are impairment of soil functions that are suitable, dangers to bring considerable disadvantages or considerable nuisances for individuals or the general public.
(4) sites are plots where suspected harmful soil changes within the meaning of this Act.
(5) contaminated sites within the meaning of this law are 1 disused waste disposal plants, as well as other plots of land on which waste have been treated, stored or deposited (old deposits), and 2. land of disused equipment and other land on which environmentally hazardous substances have been dealt, excluding plants, their decommissioning a licence pursuant to the Atomic Energy Act is required (old sites), caused by the harmful soil changes or other hazards for the individual or the general public.
(6) old load suspects are waste deposits and old sites where harmful soil changes or other hazards for the individual or the general public suspected areas within the meaning of this Act.
(7) rehabilitation in the meaning of this law are measures 1 to the elimination or reduction of the pollutants (decontamination measures), 2 which in the long term to prevent a spread of the pollutants or reduce, without eliminating the contaminants (precautionary measures), 3 for the elimination or reduction of harmful changes in the physical, chemical or biological characteristics of the soil.
(8) protective and restrictive measures in the meaning of this law are other measures, the dangers, significant disadvantages or considerable nuisances for individuals or the general public avoid or reduce, in particular restrictions on use.
§ 3 scope (1) this law is harmful soil changes and legacy application, where 1 circulatory economic law about the application of waste for recycling as fertilizer in the meaning of § 2 of the Düngegesetzes and, on reason of circulatory economic law and the regulations adopted 1 June 2012 current recycling and waste management Act, as well as the sewage sludge Ordinance of 15 April 1992 (BGBl. I p. 912) , last by article 9 of the Decree of 9 November 2010 (Federal Law Gazette I p. 1504) is has been modified, 2 circulatory economic law on the authorisation and operation of waste disposal facilities for the disposal of waste, as well as on the closure of landfills, 3. Regulation on the transport of dangerous goods, 4. requirements of the fertilizers and plant protection law, 5. provisions of the genetic engineering Act, 6 rules of the second chapter the Federal Forest Act and the forestry and forest laws of the countries , 7 law of land consolidation about the land consolidation area, also in connection with the agricultural adjustment Act, 8 relating to construction, modification, entertainment and operation of roads or provisions which regulate traffic, 9 rules of construction planning and building regulations law, 10 rules of the Federal Mining Act and the regulations adopted on the basis of this Act on the establishment, management or setting an operation, as well as 11 rules of the Federal Immission Control Act and the regulations adopted on the basis of this Act governing the establishment and operation of facilities, taking into account paragraph Not regulate 3 impacts on the ground.
(2) this Act does not apply to facilities, activities, equipment or devices, nuclear fuel and other radioactive materials, as far as legal rules on protection against the dangers of nuclear energy and the effects of ionising radiation. Furthermore, this law will not apply for prospecting, mountains, transport, storage, handling and destruction of unexploded ordnance.
(3) with regard to the protection of good ground, harmful soil changes within the meaning of article 2 par. 3 of the Act and the regulations adopted on the basis of this Act, unless it due to Immissions caused as harmful environmental impacts according to § 3 par. 1 of the Federal Immission Control Act, in addition as other dangers, significant disadvantages or considerable harassment according to § 5 para 1 apply no. 1 of the Federal Immission Control Act. To further determine of the Immissions pension obligations are in a legal regulation according to § 8 para 2 set values to be used once in a legal regulation or an administrative provision of the Covenant has been designed, which charges by the operation of a plant rather than causal contribution to the emergence of harmful soil changes are. In the regulation or the administrative provisions should be assumed if certain emission mass flow rates without determining the additional load is that, that the plant does not contribute to harmful soil changes regulated at the same time.
Part II principles and obligations Article 4 obligations of security (1) anyone who acts on the ground, has to behave that harmful soil changes is not caused.
(2) the property owners and the owner of the actual violence on a plot of land are required to take measures to ward off the harmful soil changes threat of their land.
(3) the "polluter pays" a harmful soil changes or legacy and its total successors, property owners and the owner of the actual violence on a plot of land are required to remediate the soil and contaminated sites as well as contamination caused by harmful soil changes or polluted waters, so that permanently no dangers, caused considerable disadvantages or considerable nuisances for individuals or the general public. This also precautionary measures into account, which in the long term to prevent a spread of the pollutants occur when loads pollutants as well as decontaminating. If this is impossible or unreasonable, are other protective and restrictive measures carried out. Who is responsible up or gesellschaftsrechtlichem legal grounds for a legal person, which belongs to a plot of land which is contaminated with a harmful soil changes or a legacy, and who gives up the ownership of such land, is also obliged to clean up.
(4) in fulfilling the ground - and old loads-related duties after the paragraphs 1 to 3 is to observe the planning legally permitted use of the land and the resulting need for protection, as far as this with the protection of § 2 para 2 No. 1 and 2 soil functions referred to is agree. Missing planning legal determinations, the minting of the area, taking into account the foreseeable development determines the need for protection. The requirements to be fulfilled for the renovation of water determined by the water law.
(5) are harmful soil changes or contamination occurring after March 1, 1999, are pollutants to eliminate, as far as this is proportionate with regard to the preload of the soil. This applies to those not who confided at the time of the causation on the basis of the fulfilment of the legal requirements applicable to him on that such problems will not arise, and his confidence, taking into account the circumstances of the case is worthy of protection.
(6) the former owner of a plot of land is committed to the restoration, if he has transferred his property after March 1, 1999 and the harmful soil changes or legacy here knew or had to know. This applies to those not who has relied on the acquisition of the land on that harmful soil changes or contaminated sites are not present, and his confidence, taking into account the circumstances of the case is worthy of protection.
§ 5 unsealing as far as building legislation does not regulate the powers of the authorities, is authorized the Federal Government to commit property owners, after consultation of interested parties (section 20) by decree with the consent of the Federal Council for permanently disused areas, their sealing contrary to planning legal determinations is to get as far as possible and reasonable soil in his performance in the sense of § 1, or restore. Until the entry into force of a regulation pursuant to sentence 1 1 committed orders the unsealing can be taken by which national law authorities in individual cases against the sentence, if you are in rest conditions in set 1.
§ 6 construction and materials on or in the soil which is Federal Government authorized, after consultation with the interested parties (section 20) by decree with the consent of the Federal Council to meet the requirements arising from this Act on the construction and materials of the pollutant levels and other properties, in particular 1. Prohibitions or restrictions according to characteristics such as the type and quality of the materials and of the soil , Aufbringungsort and 2, time and natural site conditions.
Investigations of materials or soil, to determine measures for the preparation of these materials or other measures.
§ 7 pension obligation of property owners, the owner of the actual violence on a plot of land and one who carries duties on a plot or carry out, which can lead to changes of the soil are required to take precautions against the emergence of harmful soil changes which may be caused by their use on the property or within its sphere of influence. Precautionary measures are taken, if the concern of harmful soil changes due to the spatial, long-term or complex impact of use on soil functions. To the fulfilment of the obligation of prevention, ground effects are to prevent or reduce, as far as this is proportionate in terms of the purpose of use of the land. Arrays to the precaution against harmful soil changes may be taken only if a legal regulation lays down requirements under § 8 para 2. The fulfilment of the obligation of prevention in the agricultural land use varies according to § 17 para 1 and 2, it applies the second chapter of the Federal Forest Act for forestry land use and forestry and forest laws of the countries. The provision for the ground water depends on water law regulations. In existing soil contamination, the obligations to be fulfilled are determined according to § 4.
§ 8 authorized values and requirements (1) which is the Federal Government, after consultation with the interested parties (section 20) by decree with the consent of the Federal Council to introduce legislation fulfilling the land and old loads-related obligations deriving from article 4, as well as the examination and evaluation of suspected areas, harmful soil changes, old load suspicious areas and contaminated sites. This can especially 1 values, perform a case-based inspection above, taking into account land use and to determine is whether a harmful soil changes or legacy exists (test values), values for impacts or loads to be above, taking into account the respective land use typically by a harmful soil changes or legacy is 2 and measures are required (measure values), 3. requirements for a) the defence of harmful soil changes. This includes requests for dealing with raised, pushed off and treated floor material, b) the remediation of soil and contaminated sites, in particular on - the determination of the rehabilitation objective to be achieved, - the extent of decontamination and precautionary measures, which in the long term to prevent the spread of pollutants, and - protective and restrictive measures be set.
(2) which is the Federal Government which authorized, after consultation of interested parties (section 20) by decree with the consent of the Federal Council to meet is from § 7 obligations as well as laying down requirements for the associated examination and evaluation of surfaces with the concern of harmful soil changes rules to adopt, in particular on 1 land values above, taking into account of geogenic or large-scale settlement-related pollutant levels generally assumed , that concern of a harmful change in ground is (precautionary levels), 2 permissible additional loads and requirements to prevent or decrease substance entries.
(3) with the values referred to in paragraphs 1 and 2 are procedures for the determination of environmentally hazardous substances in soils, biological and other materials to set. These procedures include requirements on a representative sampling, sample treatment and quality assurance, including determining the values for different loads.
§ 9 risk assessment and examination orders (1) if the competent evidence before, that a harmful soil changes or legacy exists, so should take the appropriate steps to determine of the facts of the case. Are the No. 1 fixed test values passed in a Decree according to section 8, subsection 1, sentence 2, the competent authority shall take the necessary measures to determine whether a harmful soil changes or legacy exists. In the framework of investigation and evaluation are in particular the type and concentration of the pollutant, the possibility of their spread in the environment and their consumption by humans, to take account of animals and plants, as well as the use of land according to § 4 para 4. The property owner and, if it is known, also the owner of the actual violence are to inform about the findings and the results of the evaluation at the request in writing.
(2) sufficient harmful soil changes or a legacy, is suspected on the basis of concrete evidence the competent authority may specify that conduct the necessary investigations into the risk assessment 5 and 6 persons have in § 4 para 3. The competent authority may require that investigations be carried out by experts or inspection bodies according to § 18. According to § 12 affected other obligations to the participation of the persons referred to in article 4, para. 3, 5 and 6, as well as obligations of tolerance of which are determined by State law.
§ 10 other arrangements
(1) for the performance of the obligations of sections 4 and 7, and the regulations adopted on the basis of paragraph 5 sentence 1, articles 6 and 8, the competent authority may take the necessary measures. Precautionary measures are arranged for the fulfilment of the obligation under article 4, para. 3 and 6, the competent authority may require that the person obliged to maintain backup and monitoring measures in the future providing security. Arrangements to comply with the obligations under article 7 may be taken as far as requirements in a regulation are set. The competent authority may make an arrangement, if it were single disproportionate in regard to the legitimate interests of the use.
(2) the competent authority against the land owner or the holder of the actual authority for the fulfilment of the obligations meets regulations on the restriction of the agricultural and forestry land use and management of soil, according to § 4 it shall, if they are not polluters of harmful soil changes to grant a reasonable compensation for the economic disadvantages of remaining after reasonable internal adjustment measures in accordance with the law of the land , if the use restriction otherwise significantly beyond special hardness would lead to a on the General burden.
Third part of supplementary rules for contaminated sites section 11 capturing of the contaminated sites and old load suspicious areas govern acquisition which can countries.
Article 12 information of those affected have according to § 9 para 2 sentence 1 to investigate the legacy and the debtor according to § 4 para 3, 5 and 6 to the renovation of the old load to inform the owners of the affected properties, the other affected rights-holders and the affected neighbourhood (affected) by the upcoming implementation of the planned measures. The existing documents key to assessing the measures are to provide for inspection. Business documents or trade secrets, your content must so in detail be, insofar as it is possible without disclosure of the secret, that it is possible for interested parties to assess the impact of measures on their concerns.
Article 13 remediation investigations and remediation planning (1) at contaminated sites, a coordinated approach is necessary where due to the diversity of the measures pursuant to article 4 or of which on the basis of art, spread, or amount of pollutants particularly harmful soil changes or other hazards for the individual or the general public go out, the competent authority by a debtor after § 4 para 3, 5 or 6 for the renovation to the necessary studies to decide on the nature and scope of the measures (renovation studies), as well as the Submission of a rehabilitation plan in particular 1 a summary of the risk assessment and remediation studies, 2. information about the past and future use of the land to require, 3. these measures containing a representation of the rehabilitation goal and the necessary decontamination, backup, protection, restriction and capital control measures, as well as the temporal execution. The Federal Government is authorized to adopt rules on the requirements for rehabilitation studies, as well as the contents of restructuring plans by decree with the consent of the Federal Council after consultation of interested parties (section 20).
(2) the competent authority may require creating the rehabilitation studies, as well as the rehabilitation plan by an expert according to § 18.
(3) a person who to submit a restructuring plan referred to in paragraph 1, has affected which according to § 12 at an early stage, in an appropriate manner, and without being asked about the planned measures to inform. § 12 clause 2 and 3 shall apply mutatis mutandis.
(4) with the recovery plan, the draft of a renovation contract for the execution of the plan can be submitted, may provide for the inclusion of third-party.
(5) if removed from floor material again is intended to introduce the area affected by the remediation in the area, § 28 paragraph 1 sentence 1 of the circulatory economic law will not apply if a restructuring plan for binding or an order for the enforcement of obligations according to § 4 ensures, that the common of good is not affected.
(6) the competent authority can explain the plan, amendments or ancillary provisions, binding. Others includes a plan for binding declared the renovation with a regulatory decisions with the exception of licensing decisions for projects which are subject to an environmental impact assessment, according to § 3 in conjunction with the annex to section 3 of the Act on environmental impact assessment or by operation of State law insofar as they are in agreement with the relevant competent authority issued and decisions included with are listed in the plan declared binding.
§ 14 official remediation planning authority create the remediation plan pursuant to § 13 para 1 itself or supplement or create by an expert according to § 18, or supplement can be, if 1 the plan does not, within the period set by the authority, or technically inadequate has been created, 2. a contractors according to § 4 para 3, 5 or 6 not or not timely can be used or 3rd due to the large extent of the legacy , based on the legacy extensive contamination of water or due to the number of obligation according to § 4 para 3, 5 or 6, a coordinated approach is required.
§ 13 para 3 to 6 shall apply accordingly.
Section 15 regulatory monitoring, self-monitoring (1) contaminated sites and old load suspicious areas are subject to, if necessary, the supervision of the competent authority. The effectiveness of regulatory licensing decisions and supplementary regulations through the implementation of this law remains unaffected at contaminated sites and waste deposits.
(2) a legacy exists, as the competent authority of the debtor according to § 4 para 3, 5, or 6, may require if necessary, the implementation of internal control measures, in particular soil and water testing, as well as the establishment and operation of measuring points. The results of the internal control measures are recorded and kept for five years. The competent authority may order a longer-term retention, insofar as this is necessary in individual cases. The competent authority may order internal control measures after carrying out decontamination, backup and restrictive measures. She may require that the capital control measures are carried out by an expert according to § 18.
(3) the results of the own control measures are of § 4 para 3 to share with 5 or 6 obliged the competent authority upon request. She has these records and the results of their monitoring measures be kept for five years.
Complementary arrangements for the remediation of contaminated (1) in addition to the in the second part of this can the competent authority for the fulfilment of obligations arising from the third part of this Act, Act orders provided for the necessary arrangements meet section 16.
(2) insofar as a recovery plan within the meaning of § 13 ABS. 6 declared binding, include arrangements for the enforcement of obligations according to § 4 other rehabilitation regulatory decisions with the exception of licensing decisions for projects which are subject to an environmental impact assessment, according to § 3 in conjunction with the annex to section 3 of the Act on environmental impact assessment or by operation of State law with a, extent be in agreement with the relevant competent authority issued and listed in the order decisions included with.
Fourth part of agricultural land use section 17 good practice in agriculture (1) agricultural land use is the precautionary obligation pursuant to § 7 met by which good professional practice. Agricultural guidance authorities law of country aimed at providing the principles of good professional practice referred to in paragraph 2 in their consulting work.
(2) principles of good practice of the agricultural land use are ensuring sustainable soil fertility and performance capacity of the soil as a natural resource. To the principles of good technical practice heard in particular 1 basically location adjusted to be soil preparation, taking into account the weather, 2 keep the soil structure or improves, 3. soil compaction, especially by taking into account the soil type, soil moisture, and soil pressure caused by the equipment employed for the agricultural use of soil, as far as possible be avoided 4. Bodenabträge site-adapted use, in particular by taking into account the slope , water and wind conditions as well as soil cover, as far as possible be avoided, the nature stressed structural elements in the fields, in particular hedges, box trees, field Raine and agricultural terraces, which are necessary, will receive, the biological activity of the soil crop rotation design get 6 or is promoted to the protection of the soil and 7 the location-typical humus content of the soil, in particular by an adequate supply of organic matter or by reducing the intensity of editing will get 5.
(3) the obligations are fulfilled according to § 4 by complying with the requirements laid down in article 3, paragraph 1; These contain no requirements for security and such do not arise also from the principles of good professional practice referred to in paragraph 2, the other provisions of this Act shall apply.
Part five final provisions article 18 experts and investigation authorities, the tasks pursuant to this Act exercise experts and investigation authorities, must that have and have the technical equipment required for these tasks required competence and reliability. The countries may regulate the details on requirements to be expert and inspection bodies pursuant to sentence 1, nature and extent of the functions to be performed by them, providing the results of its activity and the announcement by experts fulfilling the requirements pursuant to sentence 1.
Article 19 data transmission (1) insofar as a data transmission between the Federal and State Governments for the respective tasks of this Act is required, scope, contents and costs of mutual data exchange in an administrative arrangement between the Federal and State Governments are regulated. The transmission of personal data is not permitted.
(2) the Federal Government a transnational soil information system can set up using data submitted by countries for Federal Government business.
Article 20 consultations involved parties as far as appropriations to adopt legal regulations require the consultation of interested parties is an each selectable County by representatives of science, of those affected, the economy, agriculture, forestry, nature - and environmental protection associations, of archaeological monument protection to hear the local authority umbrella organisations and of the Supreme Land authorities responsible for soil protection, the legacy, the Geoscience issues and water management. Should the legislation referred to in sentence 1 shall include regulations of agricultural and forestry land use, also the Supreme Land authorities responsible for the agriculture and forestry can be heard.
National regulations (1) for the execution of the second and third part of this Act may adopt procedural rules complementary countries § 21.
(2) the countries can determine that the in the third part of certain suspect areas 1 the competent authority to capture and share with 2 of the obligated party the competent authority are regulated old load suspicious areas and contaminated sites and that harmful soil changes, which on the basis of art, spread, or amount of pollutants, particularly dangers posed significant disadvantages or considerable nuisances for individuals or the general public , 1 remediation investigations and remediation plans, and 2. the implementation may be required by internal control measures.
(3) the countries can also determine areas in which surfaces harmful soil changes occur or are expected, and the measures to be taken, as well as make further rules on area-based measures of soil protection.
(4) the countries can determine that for the area of their country or for certain parts of the area soil information system be established and run. This in particular data can be collected from permanent observation plots and soil condition surveys on the physical, chemical, and biological characteristics of the soil and land use. The countries can govern that land owner and holder of the actual authority over a plot of land be obliged to tolerance of soil surveys, which are required for soil information system. This is to take into account the legitimate concerns of these people and to provide replacement for damage caused during investigations.
Section 22 performance of binding decisions of the European Communities (1) to comply with binding decisions of the European communities can the Federal Government to which article 1 purpose mentioned with the consent of the Federal Council adopt regulations fixing the values referred to in article 8, paragraph 1 and 2, including the necessary measures to identify and monitor these values.
(2) the measures laid down in the regulations referred to in paragraph 1 are to enforce orders or other decisions of the competent institution of public administrations pursuant to this Act or other legislation of the Federal and State Governments; as far as planning legal provisions are provided, the competent planning institutions have to find whether and to what extent are planning to consider.
Article 23 national defence (1) that can Federal Ministry of defence by this Act and the regulations based on this law allow exceptions, unless compelling reasons of defence or international commitments require it. Protection against harmful soil changes should be noted.
(2) the Federal Government is authorized to determine that the enforcement of this Act and the regulations based on the law Division of the Ministry of defence and the armed forces stationed on the basis of international agreements in the Federal Republic of Germany is the Federal Ministry of Defense or the bodies designated by him by decree with the consent of the Federal Council.
Article 24 costs (1) the cost of the after section 9, paragraph 2, article 10, paragraph 1, sections 12, 13, 14 sentence 1 No. 1, section 15 paragraph 2, and article 16, paragraph 1 measures carry the obligation to carry out. The investigations do not confirm the suspicion in the case of § 9 para 2 sentence 1 or if the requirements of section 10, paragraph 2, the costs are the consulted for examination will refund if they have not represented the circumstances justifying the suspicion. In the cases of § 14 sentence 1 one bears the costs of establishing a rehabilitation plan may be required Nos. 2 and 3.
(2) several debtor have a right to compensation regardless of their attraction to each other. Unless otherwise agreed, the obligation to compensate, as well as the amount of compensation to be paid depends on to what extent the risk or damage mainly by one or the other part has been created. § 426 para 1 sentence 2 of the Civil Code applies the appropriate. The compensation claim barred in three years; the sections 438, 548 and 606 of the Civil Code shall not apply. The Statute of limitations begins after the recovery of the costs when an authority performs measures themselves, the rest after the completion of the actions by the debtor at the time at which the debtor by the person learns of the person liable. Regardless of this knowledge, the right to compensation is limited to thirty years after the termination of the measures. Legal action in the ordinary courts is open to dispute.
§ 25 he had a margin (1) if the use of public funds for measures to meet the obligations according to § 4 fair market value of a property is not only slightly increased, which not or not fully owner has worn the costs to provide determined value compensation of measure-related increase in value on the public cost by the competent authority. The amount of the compensation is limited by the amount of public funds. The obligation to compensate for will not emerge, as far as of harmful soil changes existing on a plot or contaminated sites an exemption from responsibility or the cost transfer duty referred to in article 1 § 4 para 3 sentence 1 of the environmental framework law of 29 June 1990 (Coll. I no. 42 S. 649), last amended by article 12 of the law of 22 March 1991 (BGBl. I p. 766), in its current version is. As far as measures within the meaning of sentence 1 in formally defined redevelopment areas or areas of development as disciplinary measures by the community are carried out, the resultant increase of the market value within the framework of the compensatory amount is paid according to § 154 of the building code.
(2) the increase of the market value of a property due to reorganisation measures consists of the difference between the value that would arise for the plot, if the measures would not have been carried (initial value), and the current market value, resulting for the plot after carrying out reconnaissance and remedial measures (full scale).
(3) the amount of compensation is payable if the backup or restoration is completed and the amount fixed by the competent authority. The obligation to compensate is void if the amount is not been fixed until the end of the fourth year after the backup or restoration.
(4) the competent authority shall be deducted from the compensation referred to in paragraph 1 the expenses which the owner the backup or restoration or that he used for their own measures for the acquisition of the land in the legitimate confidence that there are no harmful soil changes or contaminated sites. Can gain the owner of third party replacement, this is when the decision pursuant to sentence 1 to take into account.
(5) in a particular case may be waived by fixing an amount of compensation wholly or in part, if this is necessary in the public interest or to prevent undue hardship. Are the backup or restoration costs the public ledger, must in that regard from the be fixing of the compensation amount aside, adopt a fixed amount of compensation or a financial compensation already paid be refunded.
(6) the amount of compensation rests as a public burden on the property. The Federal Ministry of Justice is authorised by decree with the consent of the Federal Council the kind and way to indicate the presence of the public burden as the land registry is to regulate.
Section 26 is penalty provisions (1) any person who intentionally or negligently 1 legal regulation according to § 5 sentence 1, §§ 6, 8 contravenes paragraph 1 or article 22, paragraph 1 or an enforceable order on the basis of such a decree, as far as the legal regulation for a specific offence on this fine provision refers, 2. an enforceable order according to § 10 para 1 sentence 1 is contrary to, as far as they are on an obligation according to § 4 para 3 that is 5 or 6, 3. an enforceable order according to § 13 ABS. 1 or § 15 para 2 sentence 1, 3 or 4 is contrary to or a message not, incorrectly, incompletely or not in time does 4. contrary to article 15, paragraph 3, sentence 1.
(2) the offence can in cases of paragraph 1 No. 2 with a fine up to fifty thousand euro, in other cases a fine punishable up to ten thousand euros.
Search Translated Laws of Germany