Zoning
In the Federal Republic of Germany, land regulation refers to the sovereign restructuring of land and its ownership and ownership relationships and thus includes parts of a land reform .
A distinction is made between zoning in rural and zoning in urban areas. The former is called land consolidation or land consolidation (legal basis for the Land Consolidation Act or Agriculture Adaptation Act ), the latter is called reallocation (legal basis for the Building Code ).
The reallocation is initiated on the basis of the reallocation decision by the reallocation office (municipality or a reallocation committee formed by the municipality). Parts of the work can be transferred to the responsible land surveying office , but a publicly appointed surveyor has already been entrusted with this task. The reallocation office creates a reallocation plan based on a development plan . However, reallocation is also possible in non-planned interior areas in accordance with Section 34 of the Building Code (BauGB).
The reallocation amount (minus an advance deduction for public areas etc.) is divided according to the value of the land (reallocation of value) or, if the real estate is the same, according to its size (reallocation of space) according to the target claims of the parties involved. The reallocation advantage (increase in value of the land that becomes building land) must be paid to the municipality. The reallocation is essentially shaped by the requirement of private benefit , ie it must be in the predominant (objective) interest of private property owners. Due to the principle of surrogacy , which states that the properties and rights allocated in the procedure take the place of the property and rights that have been thrown in, the reallocation is a determination of the content of property and therefore not expropriation.
If only a few properties are affected, a "simplified reallocation" according to § § 80 ff. BauGB can be carried out if certain conditions are met.
The procedure can essentially be carried out by mutual agreement, but it can also be enforced against the will of individual participants.
