Simplified land reallocation; implementation on behalf of municipalities

On behalf of the municipalities, the Offices for Digitization, Broadband and Surveying can carry out a simplified reallocation procedure.

Description

Under certain conditions, the municipality can carry out a simplified reallocation procedure for these purposes. The authority to carry out the procedure can be transferred by the municipality to the responsible Office for Digitization, Broadband and Surveying.

The following conditions must be met for a simplified reallocation:

  1. The simplified reallocation is required to implement a development plan or, for reasons of orderly urban development, to implement the use permitted within a contiguously built-up district.
  2. The affected properties or parts of properties are located within the scope of a development plan or within contiguously built-up districts.
  3. The purpose of the reallocation is merely to exchange plots of land or parts of plots of land that are directly adjacent or in close proximity to each other, or to allocate plots of land or parts of plots of land on one side.
  4. The plots of land or parts of plots of land to be exchanged or unilaterally allotted may not be independently buildable.
  5. Unilateral allocation must be in the public interest.

In the simplified reallocation procedure, easements and building encumbrances can also be reorganized or newly created and cancelled, and real estate liens can be reorganized, provided that the parties involved agree to the new legal status.

The offices for digitization, broadband and surveying make a valuable contribution to land readjustment by carrying out simplified reallocation procedures on behalf of the municipalities.

Prerequisites

Prerequisites and conditions are regulated by §§ 46 and 80 ff. of the German Building Code (see also above).

Deadlines

All deadlines to be met are governed by the Building Code.

Required documents

  • Resolution on the simplified reallocation in accordance with § 82 of the Building Code

Fees

  • see "Ordinance on the User Fees of the Lower Surveying Authorities (GebOVerm)".

Links to more information

Status: 06.09.2022

Responsible for editing: Landesamt für Digitalisierung, Breitband und Vermessung

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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