The status of land depends on how it is used . Unused land is fallow land through agriculture used hot agricultural land , for future development there Bauerwartungsland and land . There are building plots on the latter.
The building plot differs from the general definition of real estate because, on the one hand, the extensive stipulations in the development plan are not tied to the existing property boundaries and plot sections; on the other hand, it is not possible in the development plan to establish binding property boundaries or plot sections. In addition, a stipulation under planning law cannot change the existing ownership structure and therefore cannot result in the formation of land in the legal sense.
The legal term building site appears in various laws and is a term from building planning law . According to the jurisprudence of the Federal Administrative Court (BVerwG), the building site in the sense of planning law is generally to be equated with the land under land register law . In the judgment cited, the BVerwG made it clear that even in the case of matters relevant to building law, the property in the land register law is in most cases actually identical to the building site or, for legal reasons, is to be equated with the building site.
For urban planning reasons, the size, width and depth of the building plots and the maximum dimensions for residential building plots can also be set as minimum dimensions in the development plan ( (1) No. 3 BauGB ). According to (3) WoFG , the municipalities should advise and support those willing to build who want to acquire a building plot for the purpose of promoting housing. The permissible floor area is the portion of the building site that may be covered by structures ( (2 ) BauNVO ).
Only a “building site” can be a building site. A plot of land that is ready for construction is present if the development is permissible and the development is secured and, in particular, the connection to the public road network is given. “Ready for construction” means that the land must always be accessible through cultivable traffic facilities and the usual local supply systems and that the land can be built on immediately in accordance with the existing regulations.
- if the building plot has been given to the client for housing subsidies below the market value: the purchase price ;
- if the building site has been acquired by the builder through expropriation for the execution of the building project: the compensation ;
- in other cases the market value (according to BauGB) or the purchase price, unless it was unreasonably high.
In the case of tax-privileged residential construction, in addition to the market value, costs of interim financing , capital costs and tax burdens on the building site that are attributable to the construction period are not allowed. When assessing the value of building land, both its development status and the future need for building land must be checked ( BelWertV).
A distinction must be made between building land and building land. Building land is the generic term that appears in a development plan and contains individual building plots.
- Martin Daub, Development planning: Theory, Method, Criticism , 1971, p. 87
- Werner Ernst / Willy Zinkahn / Walter Bielenberg, Commentary on the Building Code , 1997, § 9 Rn. 3
- BVerwG, judgment of December 21, 2011, Az .: C 13.10 = BVerwGE 141, 302
- Dieter B. Schütte / Michael Horstkotte / Per Seeliger, line rights: water - waste water - electricity - gas , 2011, oS
- Horst Gädtke, Commentary on the Building Regulations for the State of North Rhine-Westphalia , 1964, p. 8