Modernization and repair requirement; order
Municipalities may impose a modernization or repair requirement if a building has defects or deficiencies that can be remedied by appropriate measures.
Description
If the internal or external condition of a building reveals defects or deficiencies which can be eliminated or repaired by modernization or repair, the municipality may order the elimination of the defects by a modernization order and the elimination of the deficiencies by a repair order.
The owner of the building shall be obliged to remove the defects and to remedy the deficiencies. The notice ordering modernization or repair shall specify the defects or deficiencies to be remedied and set a reasonable time limit for the performance of the necessary measures.
Defects shall be deemed to exist in particular if the building does not meet the general requirements for healthy living and working conditions.
Defects exist in particular if, as a result of wear and tear, aging, the effects of weather or third parties
- the intended use of the building is not only insignificantly impaired,
- the external appearance of the building impairs the appearance of the street or the locality to a more than insignificant extent, or
- the building is in need of renovation and is to be preserved due to its urban development, in particular historical or artistic significance.
Status:26.01.2023
Responsible for editing:Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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