Simplified reallocation of land; implementation on behalf of the municipalities

In order to realise a development plan or for reasons of orderly urban development to realise the use permitted within a coherently built-up district, the Offices for Digitisation, Broadband and Surveying may carry out simplified reallocation procedures on behalf of the municipalities.

Description

The municipality may carry out a simplified reallocation procedure for these purposes under certain conditions. The authority to carry out the procedure may be transferred by the municipality to the relevant Office for Digitisation, Broadband and Surveying.

The following conditions must be met for a simplified reallocation:

  1. The simplified reallocation is necessary for the realisation of a development plan or for reasons of orderly urban development for the realisation of the use permitted within a coherently built-up part of a town.
  2. The plots of land or parts of plots of land concerned are located in the area of application of a development plan or within coherently 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 one another or to allocate plots of land or parts of plots of land unilaterally.
  4. The plots of land or parts of plots of land to be exchanged or allocated unilaterally must not be capable of being built on independently.
  5. Unilateral allocation must be in the public interest.

In the simplified reallocation procedure, easements and building encumbrances may also be reallocated or newly created and cancelled, and mortgages may be reallocated, provided that the parties involved agree to the new legal status.

By carrying out simplified reallocation procedures on behalf of the municipalities, the Offices for Digitisation, Broadband and Surveying make a valuable contribution to land readjustment.

Prerequisites

Prerequisites and conditions are regulated by §§ 46 and 80 ff. of the 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)".

Remedy

competent district court; chamber for building land matters

Application for a court decision

Links to more information

Status: 27.10.2021

Responsible for editing: Landesamt für Digitalisierung, Breitband und Vermessung

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