Land plots; implementation of a reallocation
The purpose of the reallocation procedure is to redesign plots of land in a defined area (usually the area covered by a development plan) in such a way that they can be built on in accordance with the applicable building planning regulations.
Description
All affected landowners are involved in this process. After public land has been withdrawn, they receive newly cut plots of land that can be used for a specific purpose and should have at least the market value of the original land. A reallocation procedure is not necessary if the parties involved can reach an alternative agreement.
The reallocation can be carried out in the area of application of a development plan (§ 30 BauGB) or within the context of built-up areas (§ 34 BauGB). It is ordered and carried out by the municipality. Separate reallocation committees are formed for this purpose. The municipality may also transfer its authority to carry out the reallocation to the relevant Office for Digitization, Broadband and Surveying.
The reallocation shall be initiated by a resolution in which all the properties affected must be listed. The resolution must be published in accordance with local practice. It results in a ban on disposal and change. This means that significant actions (sale, construction of a building, etc.) may only be carried out with the written approval of the reallocation office.
All properties located in the reallocation area then form the reallocation mass. The areas which are defined as traffic areas or other public areas (green areas, children's playgrounds, etc.) in the development plan are first separated from this mass. These are allocated to the municipality. From the remaining area, new plots of land are formed, which are cut in such a way that they can be purposefully built on. Each owner receives a share of these plots that corresponds as far as possible to his share of the reallocation mass. The apportionment body may choose between a distribution by area and a distribution by value. Insofar as an allocation corresponding exactly to the exact share is not actually possible, compensation in money shall take place.
A simplified apportionment can be carried out under the conditions of § 80 BauGB. In this case, adjoining plots of land, but not streets or parts of streets, can be rezoned.
The necessary documents are obtained by the municipality in cooperation with the relevant authorities.
Prerequisites
The initiation of an apportionment procedure is the sole responsibility of the municipality.
All property owners and all holders of rights to the properties located in the apportionment area are involved in the procedure.
Deadlines
Deadlines and exclusion dates do not exist until the reallocation procedure has been initiated. Reference will then be made to this in the prescribed announcements or the notices received.
Fees
- The reallocation procedure is free of fees and expenses.
However, the allocation may result not only in an entitlement to a monetary payment, but also in the obligation to pay a compensation amount for obtaining an area of higher value compared to the throw-in plot.
Status: 26.01.2023
Responsible for editing: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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