Urban redevelopment measure; application for approval
In the formally designated redevelopment area, you generally need a permit for activities related to the property.
In order for the municipality to be able to quickly achieve the urban development goals for the defined redevelopment area to remedy or mitigate urban development deficiencies, the property owners in the redevelopment area must apply for approval for certain projects and legal transactions.
Without the written approval of the municipality, all legal transactions are null and void and the construction measures are illegal.
Approval may only be refused if there is reason to believe that the project, legal transaction, division of the property or the use intended thereby would make it impossible or substantially more difficult to carry out the redevelopment or would run counter to the goals and purposes of the redevelopment.
A building in a formally designated redevelopment area is to be rehabilitated.
Activities requiring a permit:
- Erection, alteration or change of use of a building structure that requires a building permit or that must be reported to the building supervisory authority.
- Substantial or substantially value-increasing changes to real estate and structural facilities, the changes to which do not require building permits, approval or notification
- Removal of structural facilities (demolitions)
- Agreements by which a contractual relationship under the law of obligations concerning the use or occupation of a plot of land, building or part of a building is entered into or extended for a fixed period of more than one year, e.g. rental or lease agreements
- legal sale of a plot of land
- creation and sale of a hereditary building right
- Creation of a right encumbering the property, e.g. easements, rights of first refusal in rem, usufructuary rights, permanent right of residence or right of use under the Residential Property Act, mortgages, land charges
- Establishment, amendment or cancellation of a building encumbrance
- division of a plot of land leading to a change in the boundaries of the plot of land
The application for approval must be submitted in writing. All documents required to assess the project or legal transaction must be enclosed. The documents to be submitted depend on the type and scope of the project or legal transaction to be approved and can be obtained from the municipality in case of doubt. In the case of legal transactions, the notarial deed or the relevant contract must be submitted.
The redevelopment permit does not replace the building permit for projects requiring a building permit, but is added to the building permit as a special separate redevelopment permit. The redevelopment permit is one of the public law regulations that may not conflict with a project. No building permit may be issued prior to the issuance of a redevelopment permit.
A decision on approval must be made within one month of receipt of the complete application. Upon receipt of any subsequently requested documents, the application shall be deemed to be newly submitted and the time limit shall not begin to run until that time.
If the examination of the application cannot be completed within this period, the period shall be extended before its expiration by the time necessary to allow the examination to be completed. The extension of the time limit shall not exceed three months. The permit shall be deemed to have been notionally granted if it has not been refused within this period.
Responsible for editing: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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