Expected building land

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Bauerwartungsland are plots of land , leave after their land features (legal conditions, actual property, other attributes and location) actually expect a structural use in the foreseeable future.

General

This expectation can be based in particular on a corresponding representation of these areas in the zoning plan , on a corresponding behavior of the municipality or on the general urban development of the municipality area ( § 5 Abs. 2 ImmoWertV ).

criteria

According to the likelihood of building potential, a distinction is made between subjective and objective facts:

  • There is a high degree of probability that the building can be built in the future , for example because of the proximity to a city or municipality or because areas that have already been developed are nearby ( subjective land to be built ) or
  • It can be assumed that it will be buildable in the near future, as it was presented as a building area in the municipal land use plan ( objective land to be built ).

In Germany, the concept of the land to be expected to be built is legally defined in Section 5 (2) of the ImmoWertV . According to this, land to be built are areas which, according to their further property characteristics ( § 6 ImmoWertV), in particular the status of the land-use planning and other urban development of the area, allow building use to be expected with sufficient certainty based on concrete facts . It is on the performance stairs with an imaginary development of the soil from arable land to building land on the second level - above the areas of agriculture and forestry (arable land), but below the unfinished building land and land ready for building .

In Austria, "... (u) nter the term" Bauerwartungsland "(...) is to be understood as such areas which have not yet been rededicated as building land at the time of the assessment, but which are rededicated and built on according to their location and development options in accordance with the principles of spatial planning and building regulations is possible in the near future (...) "

Individual evidence

  1. Law of the Austrian Administrative Court of February 18, 1994