Simplified assignment
The simplified reallocation (§ § 80 ff. BauGB) (formerly also referred to as border regulation ) is a land management procedure in which the shape of neighboring or close-by property or parts of property is changed, but the location and size are only insignificant. In contrast to the assignment, the simplified assignment is considerably restricted so that it can be carried out quickly and with little administrative effort in simple cases.
Requirements for the simplified assignment
- The procedural area lies within the scope of a qualified development plan or within a district with built-up areas.
- The affected properties or parts of property must be directly adjacent to one another or be in close proximity.
- The property or parts of the property to be exchanged must not be capable of being built on independently.
- If the simplified reallocation results in a reduction in value, this may only be insignificant for the owner concerned.
- Unilateral allocation must be in the public interest.
Simplified assignment procedure
The procedure is initiated either ex officio or at the request of one of the parties involved.
A simplified reallocation can be arranged ex officio, for example by the land surveying office , in order to merge a small parcel of street parcels into a large parcel by way of cadastral adjustment. Other land management measures for cadastral clean-up can also give rise to the initiation of proceedings ex officio. The procedure is the same as explained below.
The procedure can also be carried out at the request of one or more participants . For this purpose, the parties involved contact the responsible land surveying office with the description of the facts and the request for adjustment in the procedure of the simplified reallocation. As a result, if all parties involved are in agreement, the necessary on-site measurements will also be carried out on the amount of any compensation to be paid and the necessary admission requirements are met (see above). The changes are presented as old and new inventory in a procedure directory, which shows the loss of space or gains and the corresponding compensation, separated according to the parties involved, and, if necessary , assigns easements , real estate liens and building charges to the corresponding newly created properties. This directory is part of the resolution on the simplified reallocation, which is to be taken as the reallocation authority by the responsible municipality in whose district the land concerned is located.
The decision on the simplified assignment is notified to the parties, with the possibility within the period allowed for appeal contradiction to oppose the order.
After the non-appealable decision has come into force, it will be announced in the customary manner, the new properties and rights will now take the place of the old ones. The land registry correction as well as the correction of the real estate cadastre takes place only after the announcement. The announcement includes the instruction of the new owners in the possession of the allocated land or property parts.
Payment of compensation
The entry into force of the incontestability does not depend on the payment of any compensation to be paid. Basically, according to § 81 Abs. 2 BauGB, compensation is due with the announcement. But the maturity of compensation to the after consultation among the parties after the date of the onset legal validity of the decision are. The legal certainty for the parties is given, however, since in the event of non-payment, the resolution with the compensation stipulated therein represents an enforceable title for the obligee.
Real estate transfer tax
According to the judgment of the Federal Finance Court (BFH) of July 28, 1999, the simplified reallocation procedure is exempt from real estate transfer tax if the new owner is involved in this procedure as the owner of a property located in the reallocation area.
