Federal Allotment Act

Original Language Title: Bundeskleingartengesetz

Read the untranslated law here: http://www.gesetze-im-internet.de/bkleingg/BJNR002100983.html

Federal allotment Act (BKleingG) BKleingG Ausfertigung date: 28.02.1983 full quotation: "Federal allotment Act of 28 February 1983 (BGBl. I p. 210), most recently by article 11 of the law of 19 September 2006 (BGBl. I S. 2146) is changed" stand: last modified by article 11 G v. 19.9.2006 I 2146 more to the stand number you see in the menu see remarks footnote (+++ text detection from: 1.4.1983 +++) (+++ changes due to EinigVtr cf. section 20a +++) input formula the Bundestag approved the following law with the consent of the Federal Council : The first section general rules section 1 a small garden is a garden (1) definitions, the 1 serves the user (Leslie) for non-profit-making horticultural use, in particular for the production of horticultural products for their own use, and for recreation (kleingärtnerische use) and 2nd in a plant is, in which several individual gardens with communal facilities, including the paths, play areas, and club houses, are summarized (allotment system).
(2) No allotment is a garden which although complies with the requirements of paragraph 1, but is used by the owner or one of the members of his household in the meaning of § 18 of the Housing Promotion Act (owner garden); 1.
2. a garden, which is left to a to use a flat authorized in connection with the dwelling (home garden);
3. a garden, which is left to a worker in connection with the contract of employment (employee garden);
4. a plot of land on the contractually only certain horticultural products may be installed;
5. a plot of land that may be ordered only contractually with annuals (Grabeland).
(3) a permanent allotment is a small garden in an area which is set forth in the development plan for time allotments.

§ 2 kleingärtnerische charitable status is a horticultural organisation by the competent authority of the country as a non-profit recognized if it is registered in the register of associations, submits to the regular examination of the management and if the statute determines that 1 exclusively or mainly the promotion of the allotment system, as well as the technical support of its members aims the Organization, 2. achieved revenues are directed to kleingärtnerischen purposes and 3. at the termination of the organisation used its assets for kleingärtnerische purposes.

§ 3 Garden and gazebo (1) an allotment shall be not greater than 400 square meters. The interests of environmental protection, nature conservation and landscape management should be taken into account in the use and management of the Kleingartens.
(2) in the garden, a Bower in a simple version with no more than 24 square meters floor space including covered patio is allowed; without prejudice to paragraphs 29 to 36 of the Federal building code. It must be according to their nature, especially after their facilities and equipment, not intended for permanent living.
(3) paragraphs 1 and 2 shall apply mutatis mutandis owner gardens.
Second section allotment tenancy conditions § 4 allotment tenancy agreement (1) for allotment tenancy agreement apply the provisions of the civil code on the lease, unless otherwise specified in this law.
(2) the over allotment tenancy agreement rules, insofar as nothing else is determined, for leases on land for the purpose of the land due to individual allotment tenancy agreement next to verpachten (interim lease). An interim lease is not closed with a horticultural organisation recognised as a charity or municipality, is null and void. Also a contract to transfer the management of a small garden plant that is not closed with a horticultural organization referred to in sentence 2 is void.
(3) if public interests require this, especially if the proper management or use of allotments or allotment system is no longer guaranteed, the lessor has a control of the allotment system in paragraph 2 sentence 2 designated horticultural organization to transfer.

§ 5 lease (1) lease may not exceed the quadruple amount of local lease paid fruit and vegetable production, relative to the total area of the allotment system are required. The land attributable to the Community institutions be taken into account pro rata in determining the lease for the individual allotment. Local rentals paid fruit and vegetables are not available, the corresponding lease a comparable community as the basis of assessment to be based. The lease on average paid in the municipality is made in the paid fruit and vegetables.
(2) at the request of a Contracting Party, the Expert Committee set up according to article 192 of the building code has to submit an opinion on local rent paid fruit and vegetable cultivation. The authorities responsible for the display of land lease agreements have to provide information about local rents paid fruit and vegetables at the request of the Advisory Committee. Anonymisierbare data in the sense of the German Federal Data Protection Act is not available, the lease in the paid fruit and vegetables in a similar community as the basis of assessment to be used is complementary.
(3) is the agreed lease 1 and 2 resulting maximum lease lower or higher than those referred to in paragraph, can explain the respective party to the other party in writing that the lease is up or lowered up to the amount of the maximum lease. As a result of the Declaration is to pay from the first day of the following on the Declaration of payment period at a higher or lower rent. The Contracting Parties may require after the expiration of three years after conclusion of the contract or previous modification at the earliest adaptation. The tenant is entitled in case of Declaration of the lessor of a rent increase, the lease at the latest on the 15th day of the payment period, from which the rent should be charged, to announce the end of the next calendar month. The licensee, announces an increase in the lease will not occur.
(4) the landlord may require reimbursement for expenses he has done for the small garden plant, especially for land improvements, roads, enclosures and parking, the tenants, as far as the expenses have been revealed by services of gardeners or their organizations or by grants from public budgets, and insofar as they are common in the context of the kleingärtnerischen use. The obligation to refund a Kleingärtners is limited to the portion of the replacement eligible expenses, corresponding to the area ratio between its allotment and allotment system; the space attributable to the community facilities proportionally allocated to the allotment area. The tenant is entitled to pay the refund in part of benefits in the amount of the lease at the same time with the lease.
(5) the landlord may require the tenant refund the public burden, resting on the allotment plot. Paragraph 4 sentence 2 is apply mutatis mutandis. The tenant is entitled, the amount of refund of an once collected tax in part services, at most five year services, to be paid.

§ 6 duration of the contract allotment tenancy agreement time allotments can be; connected only indefinitely fixed-term contracts is considered to be closed indefinitely.

§ 7 writing the notice cancellation of allotment tenancy agreement requires the written form.

§ 8 termination without notice of the lessor may terminate the allotment tenancy agreement without notice, if 1 of the tenant to pay the lease for at least one quarter in arrears and within a period of two months after reminder in writing the due lease demand met or 2 the tenant or persons tolerated by him on the allotment plot commit so serious breaches of duty , especially peace in the horticultural community as disturbing, that the continuation of the contractual relationship can not be expected to the lessor.

§ 9 ordinary termination (1) the lessor may terminate the allotment tenancy agreement, if 1 the lessee regardless of a warning given in writing of the lessor continues a not kleingärtnerische use or the site unauthorized leaves other obligations, which apply to the use of the Kleingartens, violated not insignificantly, using in particular the Bower for permanent living, a third party, seeks significant management deficiencies within a reasonable time or monetary or other community services for the allotment system denied;
2. the termination of the lease is required to sort out the allotment system, in particular to the allotments in the article 3 par. 1 proposed size to limit, to improve the ways or to build game - or parking;
3. the owner itself or one of the members of his household in the meaning of § 18 of the Housing Promotion Act kleingärtnerisch wants to use a garden and other suitable garden country not available is him; the garden is under consideration of the needs of the gardener to select;
4. planning, other than the kleingärtnerische use is permitted and the owner through the continuation of the lease relationship on a different economic recovery is hindered and would thus suffer significant disadvantages
5.
the land area used as allotments soon led to other use set out in the development plan or immediately prepared for such use; the termination is also facing legal liability of the development plan permitted, if the community has decided his installation, modification, or addition to the stand which to accept design work is that the intended use of the other is set, and urgent reasons in the public interest require the preparation or the implementation of other use before the legally binding nature of the development plan, or 6 the plot area used as a garden plant a) after completing plan approval for the use of fixed or b) in section 1 para 1 of the State procurement law in the in the Gazette Part III, outline number 54-3, adjusted version published recently by section 33 of the Act of 20 December 1976 (Federal Law Gazette I p. 3574) has been modified, stated purposes is required immediately.
(2) the contract is only for the 30 November of the year allowed; She has at least to be 1 in the cases of paragraph 1 No. 1 on the third working day in August, 2nd in the cases of paragraph 1 No. 2-6 on the third working day in February of this year. If urgent reasons requiring the premature use of the kleingärtnerisch area, a termination in cases of paragraph 1 is allowed no. 5 and 6 at the latest on the third working day of each calendar month for the end of the next month.
(3) the allotment tenancy agreement entered on certain time, cancellation is not permitted no. 3 or 4 referred to in paragraph 1.

§ 10 termination of interim lease agreement (1) the lessor may an interim lease also terminate, if 1 the intermediate lessee No. 2 or § 9 para 1 No. 1 tolerate breaches of duty within the meaning of article 8 despite a warning of the lessor or 2 kleingärtnerische charitable status is detected from the interim licensee.
(2) by a notice pursuant to section 9 para 1, the interim lease is limited No. 3 to 6, which concerns only parts of the allotment system, on the other parts of the allotment system.
(3) is an interim lease is terminated by a termination of the lessor, the lessor in the contracts of the intermediate lessee with the allotment will occur.

§ 11 termination compensation (1) an allotment tenancy agreement is terminated pursuant to section 9 para 1 No. 2 to 6, has the tenant entitled to adequate compensation for the tabled by him or acquired for a fee plantings and plant, insofar as these are common in the context of the kleingärtnerischen use. As far as rules for valuation of plantings and systems of the countries have been imposed or decided by a horticultural organization and approved by the competent authority, these are to consider when determining the amount of compensation. For cancellation pursuant to § 9 para 1 No. 5 or 6 are the expropriation compensation principles to be observed in addition.
(2) in order to obtain compensation, the lessor is obliged, if the contract is cancelled pursuant to section 9 para 1 No. 2 to 4. For cancellation pursuant to § 9 para 1 one is obliged No. 5 or 6 to compensate, which takes the space used as allotments in claim.
(3) the claim is payable as soon as the lease terminated and the allotment is cleared.

§ 12 completion of allotment lease upon death of the Kleingärtners (1) dies of the gardeners, allotment tenancy agreement ends with the end of the calendar month following the death of the Kleingärtners.
(2) an allotment lease agreement the spouses or life partners have jointly signed, continues at the death of a spouse or life partner with the surviving spouse or life partner. The surviving spouse or life partner within one month after the death in writing to the lessor declares that he does not want to continue the allotment tenancy agreement, paragraph 1 shall apply mutatis mutandis.
(3) in the case of paragraph 2, sentence 1 is paid rent according to apply section 563 b paragraphs 1 and 2 on liability and crediting.
Footnote italics: must correctly "section 563 b paragraphs 1 and 2 of the civil code" loud article 13 agreements agreements which is deviated to the detriment of the tenant of the provisions of this section are void.
Third section § 14 duration allotments provision and procurement of replacement land (1) terminated pursuant to section 9 para 1 No. 5 or 6 allotment tenancy agreement a time allotment, the community has to provide suitable replacement land or to procure, unless she is unable to perform the obligation.
(2) the municipality of replacement land provided or procured, the users on the community has a compensation amount to kleingärtnerisch area and the replacement land corresponding to the difference in value between the unused.
(3) the replacement land shall be at the time of the eviction of the time kleingartens for the kleingärtnerische use.

§ 15 grounds of allotment tenancy agreement through expropriation (1) on surfaces, which are set in a development plan for time allotments can be justified through expropriation allotment tenancy agreement in favour of Pachtwilliger.
(2) the expropriation requires that 1 it requires the common of good, 2. the purpose of expropriation in other reasonable ways cannot be reached and 3 a reasonable offer; made the owner to establish the allotment tenancy agreement the offer is on the lease as appropriate to see if it corresponds to the lease pursuant to section 5.
(3) which is calculated as compensation to be fixed lease is under section 5 (4) In addition the land expropriation law applies.
Fourth section Überleitungs-and final provisions § 16 above management rules set for existing allotments (1) allotment tenancy conditions that exist at the time of entry into force of this Act, by this time under the new law.
(2) lease contracts before the entry into force of this law about gardening, which are not permanent allotments at entry into force of this law, are used like contracts for time allotments, if the municipality is the owner of land.
(3) are agreements of the kind referred to in paragraph 2 the land not owned by the municipality, ending the lease conditions at the end of March 31, 1987 when the contract temporary and expired to the agreed lease period up to that point; In addition, it remains at the agreed lease period.
(4) the allotment system before the lease period specified in paragraph 3 in the development plan as a surface for permanent allotments was fixed, considered extended indefinitely the Treaty. Has decided to prepare a development plan with the aim to assess the area for time allotments, the community before the end of March 31, 1987 and made known the decision according to § 2 para 1 sentence 2 of the building code, the Treaty from the date of the notice extends for four years; the time elapsed from the time of the agreed termination of the lease period to March 31, 1987 is attributable to this. By the time of the legally binding nature of the development plan to the rules about time allotments are to apply.
Footnote § 16 ABS. 3: in accordance with the reasons with GG compatible gem. BVerfGE v. 23.9.1992; In 1993 i 42-1 BvL 15/85 and others - § 16 para 4 sentence 1: Gg compatible gem. BVerfGE v. 23.9.1992; In 1993 i 42-1 BvL 15/85 and others - § 17 transition rule for kleingärtnerische charitable status recognitions of kleingärtnerischen public interest, which have been spoken before entry into force of this law, without prejudice.

Article 18 management rules for arcades (1) before entry into force of this act legally built arcades, which exceed the amount provided for in section 3, paragraph 2, can be used unchanged.
(Existing 2) an entry into force this law power of the Kleingärtners, to use his Bower, for residential purposes shall remain unaffected, as far as not conflict with other provisions of residential use. For the use of the Bower, the lessor can also require a reasonable fee.

§ Considered 19 City-State clause of the free and Hanseatic City of Hamburg for the application of the Act community.

Article 20 repeal regulations (1) with the entry into force of this Act enter override: 1-9.
10 Hamburg: Regulation on lease rates for small gardens of 28 March 1961 (Hamburg law - and Verordnungsbl. P. 115), as amended by the regulation amending the regulation on lease rates for allotments of 18 February 1969 (Hamburg law - and Verordnungsbl. P. 22);
11-13 (2) this Act limited personal easements, which have been registered on the basis of section 5 para 1 sentence 5 of the allotment Act referred to in paragraph 1 the No. 12 override of Schleswig-Holstein in the land register will be invalid. Costs are not charged for rectification of the land register.

Article 20a transfer arrangements on the occasion of the unification of Germany in which article 3 of the unification treaty mentioned area is this law with the following stipulations apply: 1 allotment use conditions, which before the accession becomes effective constitutes been and stopped are, by this time focus on according to this law.
2.
Use contracts before the effect of accession on allotments are as time allotments allotment lease contract to handle when the municipality be of accession is the owner of the land or after this point acquires the ownership of this land.
3. in the case of contracts about gardening, which are not owned by the municipality, remains at the agreed usage period. The allotments in the zoning areas for time allotments have been set, the contract shall be deemed extended for an indefinite period. Has decided to prepare a development plan with the aim to assess the area for time allotments, and according to § 2 para 1 sentence 2 of the building code made known the decision, the community before the end of the agreed period of use of the Treaty from the date of the notice extends for six years. By the time of the legally binding nature of the development plan to the rules about time allotments are to apply. A case of early zoning can be placed under the conditions referred to in § 8 para 4 sentence 1 of the building code.
4. the power conferred before the effective accession horticultural organizations, land for the purposes of the award to Leslie's to lease, may be revoked under the same conditions applicable to the withdrawal of kleingärtnerischen public utility. The countries govern the procedure of recognition and removal of kleingärtnerischen public utility.
5. acknowledgements of the kleingärtnerischen charitable status, which have been spoken before the accession becomes effective shall remain unaffected.
6. a rent that is payable upon entry into force of the Act amending the Federal allotment Act can be increased up to the amount of the permissible according to § 5 para 1 lease in the following steps: 1 3 from 1 January 1998 on four times of the local lease paid fruit and vegetables from 1 May 1994 to double, 2. from 1 January 1996 to three times that. Local rental paid fruit and vegetable growing is not available, is the corresponding lease a comparable community as the basis of assessment to be based. Up to 1 January 1998 claims made reimbursement amounts in accordance with article 5, paragraph 5, sentence 3 may be paid by the tenant in part the services and at most eight year services.
7 gazebos lawfully erected before the effect of accession, which larger than provided for in section 3, paragraph 2, or other construction devices serving the kleingärtnerischen use can be used unchanged. Keeping pets in small garden plants remain unaffected, insofar as she do not significantly interfere with the horticultural community and does not object to the use of kleingärtnerischen.
8 existing an of accession before the effective power of the Kleingärtners, continuously to use his Bower, for residential purposes shall remain unaffected, as far as not conflict with other provisions of residential use. For the continued use of the Bower, the lessor can also require a reasonable fee.

b special provisions for interim lease conditions in the acceding territory on an interim lease over land in the area referred to in article 3 of the Unification Treaty, used within garden plants, article 20 shall apply according to §§ 8 to 10 and article 19 of the law adjustment Act.

Article 21 (fell) - section 22 this Act into force shall on 1 April 1983.