Federal Small Gardening Act (BKleingG)

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BKleingG

Date of completion: 28.02.1983

Full quote:

" Bundeskleingartengesetz vom 28. Februar 1983 (BGBl. 210), as last amended by Article 11 of the Law of 19 September 2006 (BGBl I). 2146).

Status:

Last amended by Art. 11 G v. 19.9.2006 I 2146

For more details, please refer to the menu under Notes

Footnote

(+ + + Proof of text: 1.4.1983 + + +) 

  

(+ + + Changes due to EinigVtr cf. § 20a + + +) Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

First section
General provisions

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§ 1 Definitions

(1) A small garden is a garden that

1.

the user (Kleingärtner) is used for non-advertising gardening, in particular for the production of horticultural products for own use, and for recreation (small-scale gardening) and

2.

is located in a facility in which several individual gardens are combined with community facilities, such as paths, play areas and club houses (small gardening).

(2) No small garden is

1.

a garden which, while satisfying the conditions set out in paragraph 1, is used by the owner or by one of its household members within the meaning of Section 18 of the Housing Promotion Act (owner's garden);

2.

a garden, which is left to a person entitled to use an apartment in connection with the apartment (housing garden);

3.

a garden which is left to a worker in connection with the employment contract (employee garden);

4.

a plot of land on which only certain horticultural products may be cultivated;

5.

a property that can be ordered by contract only with one year's plants (Grabeland).

(3) A permanent shreddening garden is a small garden on a surface which is fixed in the development plan for permanent shreddends. Unofficial table of contents

§ 2 Kleingarnerische Gemeinnützigkeit

A small gardening organisation shall be recognised as a non-profit by the competent State authority, if it is registered in the register of associations, shall be subject to the regular audit of the management and if the statutes shall determine that:

1.

the organisation is intended exclusively or primarily to promote small-scale gardening and the professional supervision of its members;

2.

shall be supplied for small-scale purposes, and

3.

if the organization is dissolved, its assets will be used for small-scale gardening purposes.

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§ 3 Small garden and garden lobe

(1) A small garden shall not be greater than 400 square metres. The interests of environmental protection, nature conservation and landscape conservation are to be taken into account in the use and management of the small garden. (2) In the small garden, an arcades in a simple design with a maximum of 24 square meters Base area including roofed free seat permissible; § § 29 to 36 of the Baugesetzbuch remain unaffected. It must not be suitable for permanent housing according to its nature, in particular by its equipment and furnishings. (3) The provisions of paragraphs 1 and 2 shall apply mutagenally to the owner's gardens.

Second section
Small gardening ratios

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§ 4 Small gardening contracts

(1) The provisions of the Civil Code shall apply to small-garden lease contracts in so far as nothing else is provided for in this Act. (2) The provisions on small-scale lease contracts shall apply unless otherwise specified. Is also for lease agreements on land for the purpose of repaying the land on the basis of individual lease contracts (interim lease agreements). A sublease contract, which is not concluded with a small gardening organisation or municipality as a non-profit-making body, is void. A contract for the transfer of the administration of a small garden plant which is not concluded with a small gardening organization referred to in the second sentence shall also be void. (3) If public interests so require, in particular if the proper functioning of the system is not The management or use of the allotment gardens or the small garden plant shall no longer be guaranteed, the lessor shall transfer the management of the small-garden plant to a small gardening organisation referred to in the second sentence of paragraph 2. Unofficial table of contents

§ 5 Pacht

(1) As a lease, a maximum of four times the amount of the local lease in the commercial fruit and vegetable sector, with reference to the total area of the small-garden plant, may be required. The areas covered by the Community bodies shall be taken into account in the determination of the lease for the individual small garden. Where there is no local leasing of fruit and vegetables in the labour market, the corresponding lease in a comparable municipality shall be used as the basis for assessment. The average paid in the municipality in the fruit and vegetable cultivation is the average paid in the municipality. (2) At the request of one of the Contracting Parties, the Advisory Committee set up pursuant to § 192 of the Building Code has an opinion on the local pawn. in the labour market in fruit and vegetable cultivation. The authorities responsible for the display of land lease contracts shall, at the request of the committee of experts, issue information on the usual leasing of fruit and vegetables in the fruit and vegetable sector. If anonymizable data are not available within the meaning of the Federal Data Protection Act, the lease in the commercial fruit and vegetable cultivation in a comparable community shall be added as a basis for assessment. (3) If the agreed lease is lower or higher than the maximum level resulting from paragraphs 1 and 2, the Contracting Party of the other Contracting Party may, in writing, declare that the lease is to be brought down or down to the level of the maximum paving. On the basis of the declaration, the payment period following the declaration shall be paid to the higher or lower lease on the basis of the declaration. The Contracting Parties may require the adjustment at the earliest after the end of three years after the conclusion of the contract or the previous adjustment. In the case of a statement by the guardian about a pay increase, the tenant is entitled to the lease ratio at the latest on the 15th day of the day. The working day of the payment period to which the lease is to be levied shall be terminated for the end of the next calendar month. If the tenant announces, an increase in the lease does not occur. (4) The keeper may for the expenses incurred by him for the small garden plant, in particular for soil improvements, ways, cemeteries and parking spaces, from the tenants refund provided that the expenses have not been covered by the services of the small gardeners or their organisations or by subsidies from public budgets and where they are customary in the context of the use of small-scale gardening. The obligation to grant a small gardener shall be limited to the proportion of the eligible expenses corresponding to the area between the small garden and the small-scale garden; the amount of the expenses incurred by the Community bodies Areas are allocated proportionally to the small garden area. The tenant is entitled to pay the amount of the refund in partial performances at the same time as the lease. (5) The lessor may ask the tenant to reimburse the public service charges, which rest on the small garden plot. The second sentence of paragraph 4 shall apply accordingly. The tenant is entitled to pay the refund amount of a one-time charge in partial services, up to a maximum of five annual benefits. Unofficial table of contents

§ 6 Contract duration

Small-scale lease contracts for permanent shredded gardens can only be concluded for an indefinite period; fixed-term contracts are deemed to have been concluded for an indefinite period. Unofficial table of contents

§ 7 written form of the dismissal

The termination of the small gardening contract requires the written form. Unofficial table of contents

§ 8 Termination without observance of a notice period

The lessor may terminate the small-garden lease contract without notice of a notice period if:

1.

the tenant is in default with the payment of the lease for at least a quarter and does not comply with the due lease within two months of admonition in text form; or

2.

the tenants or persons who have been tolerated by him on the small garden plot shall commit such serious breaches of duty, in particular that they disturb the peace in the small gardening community in such a sustained manner that the lessor shall continue the continuation of the Contractual relationship cannot be attributed.

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§ 9 Ordinary dismissal

(1) The lessor may terminate the small-garden lease contract if:

1.

the tenant does not continue to use small gardening or other obligations relating to the use of the small garden, in spite of a warning from the guardian in text form, or other obligations relating to the use of the small garden are not infringed, in particular the leaves to be used for the purpose of Permanent housing, which leaves the property unauthorised to a third party, does not deduct significant management defects within a reasonable period of time, or refuses to provide any other Community services for the small-scale garden facility;

2.

the termination of the lease is necessary in order to rearrange the small garden plant, in particular to limit small gardens to the size provided for in § 3 para. 1, to improve the ways or to erect play or parking lots;

3.

the owner himself or one of his household members, within the meaning of § 18 of the Housing Promotion Act, wants to use a garden for small garden gardening and other suitable garden land is not available; the garden is under consideration to select the interests of small gardeners;

4.

It is permissible to use a method other than that of small-scale gardening and that the owner is prevented from pursuing another economic recovery by the continuation of the lease, and would thus suffer considerable disadvantages;

5.

the land area used as a small garden is to be supplied immediately to the other use set out in the development plan or is to be prepared for this use as soon as possible; the termination is also admissible before the Bebau plan is legally binding, if: the municipality has decided to draw up, amend or supplement it according to the state of the planning work, to assume that the intended other use is fixed, and urgent reasons for the public interest to be prepared or to Realization of the other use before the legally binding nature of the the plan to be built, or

6.

the land area used as a small-scale garden

a)

after completion of the plan fixed for the fixed use or

b)

for the revised version published in Section 1 (1) of the Land procurement law in the Federal Law Gazette, Part III, outline number 54-3, which was last amended by Section 33 of the Law of 20 December 1976 (BGBl. 3574), for the purposes of

as soon as it is needed.

(2) The dismissal shall be admissible only for the 30 November of a year; it shall be terminated at the latest

1.

in the cases referred to in paragraph 1, point 1, on the third working day in August,

2.

in the cases referred to in paragraph 1 (2) to (6) on the third working day in February

this year. If urgent reasons require the early use of the small-gardened area, a termination in the cases referred to in paragraph 1 (5) and (6) shall be made no later than the third working day of a calendar month for the end of the next month (3) If the short-term lease contract has been received for a certain period of time, the dismissal referred to in paragraph 1 (3) or (4) shall be inadmissible. Unofficial table of contents

Section 10 Termination of sublease agreements

(1) The Guardian may also terminate a sublease contract if:

1.

the interim leaseholder tolerates breaches of duty within the meaning of § 8 No. 2 or § 9 (1) No. 1 notwithstanding a warning from the guardian or

2.

the intermediate tenant is disguised by the tenderness of the small gardening.

(2) By termination in accordance with § 9 (1) no. 3 to 6, which only concerns parts of the small garden, the interim lease contract shall be limited to the remaining parts of the small-garden plant. (3) If an interim lease contract is concluded by a termination of the guardian , the leaseholder enters into the contracts of the intermediary with the small gardeners. Unofficial table of contents

Section 11 Dismissal compensation

(1) If a small-garden lease contract is terminated in accordance with § 9 (1) no. 2 to 6, the tenant shall have the right to reasonable compensation for the plantings and installations which he has introduced or have taken over for remuneration, insofar as these are within the scope of the Small gardening use is common. To the extent that rules for the assessment of plantations and installations have been drawn up by the countries or approved by a small-scale gardening organisation and approved by the competent authority, they shall be used in the assessment of the amount of the compensation on the basis of the In the event of termination in accordance with Section 9 (1) no. 5 or 6, the principles applicable to the expropriation compensation must also be observed. (2) For compensation, the lessor is obliged if the contract is terminated in accordance with § 9 (1) no. 2 to 4 has been made. In the event of termination in accordance with Section 9 (1) no. 5 or 6, the person responsible for the area used as a small garden shall be obliged to pay compensation. (3) The claim shall be due as soon as the lease has been completed and the small garden is cleared. Unofficial table of contents

§ 12 Termination of the small gardening contract in the event of the death of the Kleingärtner

(1) When the small gardener dies, the small gardening contract ends with the expiry of the calendar month following the death of the Kleingärtner. (2) A small garden lease contract, which married couples or life partners have in common, is passed on to death. of a spouse or partner with the surviving spouse or life partner. If the surviving spouse or life partner declares within one month after the death in text form to the lessor that he does not wish to continue the small-garden lease contract, paragraph 1 shall apply. (3) In the case of paragraph 2, sentence 1 § 563b (1) and (2) on the liability and on the offsetting of the rent paid accordingly.

Footnote

Italic print: Must be right "§ 563b Para. 1 and 2 of the Civil Code" Unofficial table of contents

§ 13 Differing agreements

Agreements which deviate from the provisions of this section to the detriment of the subject shall be void.

Third Section
Permanent crèches

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§ 14 Provision and procurement of spare country

(1) If a small gardening contract is terminated by means of a permanent shredder garden pursuant to § 9 para. 1 no. 5 or 6, the municipality shall provide or procure suitable substitute land, unless it is unable to fulfil the obligation. (2) Hat the municipality of substitute land is provided or procured, the demand carrier shall provide the municipality with a compensatory amount which corresponds to the difference in value between the area used for the small gardening and the substitute land. (3) The replacement country is to be used for the duration of the evacuation of the permanent shredding garden for the small-scale gardening. Unofficial table of contents

Section 15 Justification of small gardening contracts by expropriation

(1) In the case of land fixed in a development plan for permanent shredders, it is possible to give rise to lease contracts for the benefit of the lease by expropriation. (2) The expropriation presupposeth that

1.

the good of the general public requires them,

2.

the expropriation purpose cannot be achieved in other reasonable ways; and

3.

the owner has been made an appropriate offer to justify the small-garden lease contracts; the offer shall be deemed to be appropriate in respect of the lease if it corresponds to the lease in accordance with § 5.

(3) The lease to be determined as compensation shall be determined in accordance with § 5. (4) In the rest of the year, the right to expropriation shall apply.

Fourth Section
Transfer and final provisions

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Section 16 Rules on the transfer of existing allotments

(1) Small-gardening conditions existing at the date of entry into force of this Act shall be governed by the new law. (2) Before the entry into force of this Act, lease contracts relating to small gardens shall be concluded which shall apply to: The entry into force of this law is not to be treated as permanent shredder gardens, such as contracts for permanent shredder gardens, if the municipality is the owner of the land. (3) In the case of contracts of the type referred to in paragraph 2, the land is not the property of the property. the congregation shall end the lease arrangements at the end of the 31 March 1987, if the contract for a limited period and for the agreed lease period up to that date; otherwise, it shall remain at the agreed lease time. (4) Before the end of the lease period specified in paragraph 3, the small garden plant shall be in the development plan as area for The contract shall be deemed to have been extended for an indefinite period. If, before the end of 31 March 1987, the municipality decided to draw up a development plan with the aim of setting the area for permanent shredder gardens and to make the decision pursuant to Article 2 (1) sentence 2 of the Civil Code, the contract is extended from the date of the contract notice for four years; the period of time elapsed from the date of the agreed termination of the lease period until 31 March 1987 shall be set off in this case. From the time of the legally binding nature of the development plan, the regulations on permanent shredder gardens are to be applied.

Footnote

§ 16 (3): In accordance with the reasons for the GG, it is consistent. BVerfGE v. 23.9.1992; 1993 I 42-1 BvL 15/85 et al.-
§ 16 (4) sentence 1: compatible with GG. BVerfGE v. 23.9.1992; 1993 I 42-1 BvL 15/85 et al.- Unofficial table of contents

Section 17 Directive on the provision of small gardening services

Recognition of the tenderness of gardening, which has been pronounced before the entry into force of this law, shall remain unaffected. Unofficial table of contents

Section 18 Rules on the leaching of leaves

(1) Prior to the entry into force of this law, lawfully constructed arcades which exceed the size provided for in Article 3 (2) may be used unchanged. (2) A power of the Kleingärtner, existing at the date of entry into force of this law, to be used by the small gardener to This shall not be without prejudice to the use of residential purposes, provided that other provisions of the use of the housing do not conflict. For the use of the foliage, the ledge may additionally require an appropriate fee. Unofficial table of contents

Section 19 Urban-state clause

The Free and Hanseatic City of Hamburg is also valid for the application of the law as a municipality. Unofficial table of contents

Section 20 Repeal of provisions

(1) The entry into force of this Act shall be repeal:
1.-9.

10.

Hamburg: Regulation on lease prices for small gardens of 28 March 1961 (Hamburgisches Gesetz-und regubl. 115), as amended by the Regulation amending the Regulation on PachtPrices for Small Gardens of 18 February 1969 (Hamburgisches Gesetz-und regubl. 22);

11.-13. (2) With the entry into force of this Act, limited personal serviceability, which has been registered in the Land Registry pursuant to Section 5 (1) sentence 5 of the Act of Small Gardening of Schleswig-Holstein in accordance with the provisions of paragraph 1 (12), has been enlisted. . For the correction of the basic book, costs are not charged. Unofficial table of contents

Section 20a Rules governing the transfer of Germany from the production of the German unit

In the area referred to in Article 3 of the Agreement, this Act shall apply with the following measures:

1.

The use of small-scale gardening, which has been established before the date of entry into force of the accession and which has not been terminated, shall be governed by this Act from that date.

2.

Prior to the effective date of accession, contracts for use of small gardens shall be treated in the same way as small garden lease contracts for permanent shredding gardens if the congregation is the owner of the land at the time of accession or after that date. The date of the acquisition of ownership of these land plots.

3.

In the case of use contracts for small gardens which are not owned by the municipality, it remains with the agreed service life. If the small gardens in the development plan have been set as areas for permanent shredder gardens, the contract shall be deemed to have been extended for an indefinite period. If the congregation has decided, before the expiry of the agreed period of use, to draw up a development plan with the aim of setting the area for permanent shredder gardens and to renew the decision pursuant to section 2 (1) sentence 2 of the construction code the contract shall be six years from the date of publication of the contract notice. From the time of the legally binding nature of the development plan, the regulations on permanent shredder gardens are to be applied. Under the conditions set out in § 8 (4) sentence 1 of the Building Code, an early development plan can be established.

4.

The power to be conferred on small gardeners before the accession of small-scale gardening organisations is granted may be subject to the conditions applicable to the withdrawal of small gardeners under the conditions applicable to the denial of the small gardening community. is withdrawn. The process of recognition and withdrawal of the petty gardening community rules the countries.

5.

Recognition of the tenderness of the community, which was pronounced before the entry into effect of the accession, shall remain unaffected.

6.

The lease to be paid on the entry into force of the Act amending the Federal Act on Small Gardening Act may be increased up to the level of the maximum lease permitted under Section 5 (1) in the following steps:

1.

from 1 May 1994, to double,

2.

from 1 January 1996 to three times,

3.

from 1 January 1998 to four-fold

the local lease in the commercial fruit and vegetable growing sector. If there is no local leasing in the fruit and vegetable cultivation, the corresponding lease in a comparable municipality should be used as the basis for assessment. Pursuant to Section 5 (5) sentence 3, the amounts of refunds made pursuant to § 5 (5) sentence 3 may be paid by the tenderers in partial performances, at most in eight years ' annual benefits.

7.

Before the date of entry into force of the accession, duly established garden lounges exceeding the size provided for in Article 3 (2) or other constructional installations serving for the purposes of small-scale gardening may be used unchanged. The small animal husbandry in small garden plants remains unaffected, insofar as it does not significantly disturb the small gardening community and does not contradicts the use of small-scale gardening.

8.

A power of the Kleingärtner, existing before the date of entry into effect, to use his broadleaf permanently for residential purposes shall remain unaffected insofar as other provisions of the use of housing do not preclude the use of such a power. For the permanent use of the leaves, the ledge may additionally require an appropriate fee.

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Section 20b Special arrangements for intermediate lease arrangements in the accession area

§ § 8 to 10 and § 19 of the SchuldrechtsAdjustment Act (SchuldrechtsAdapungsgesetz) must be applied accordingly on interim lease agreements on land in the area referred to in Article 3 of the Agreement Treaty, which are used within small garden facilities. Unofficial table of contents

§ 21 (omitted)

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Section 22 Entry into force

This Act shall enter into force on 1 April 1983.