Advisory Committee

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The institution of the expert committee for property values was created in the Federal Republic of Germany in 1960 with the then Federal Building Act. The aim was and is to ensure transparency on the property market through an independent collegial body of real estate experts. For this purpose, the offices of the appraisal committees receive copies of all property purchase contracts concluded in their area of ​​responsibility from the notaries. The value-relevant data from the purchase contracts are kept in aggregated form by the expert committees in the purchase price collection . The data are analyzed from a mathematical-statistical point of view while safeguarding data protection and published in a summarized form. They are the basis of market value appraisals by private experts or mortgage lending value appraisals by banks. The expert committee also prepares its own expert reports on the market value of built-up and undeveloped land and the rights to land ( real estate ). The legal basis is § 192 BauGB . The tasks of the expert committees are regulated in §§ 193 ff. BauGB. The expert committees are committees set up in the federal states in accordance with the Authorization Ordinance in accordance with Section 199 BauGB. B. in Baden-Württemberg with the municipalities, in North Rhine-Westphalia with the surveying and land registry offices of the independent cities and districts and in Lower Saxony with the regional directorates of the State Office for Geoinformation and Rural Development Lower Saxony (LGLN).

composition

Was in addition to the chairman, the staff of the Authority shall be formed for the area of the evaluation team (usually the district office , the local administration department or cadastral or surveying offices), also employees of the competent tax authorities or tax offices are part of the advisory committee. In addition, the expert committee has honorary members who work as real estate experts on a freelance basis or as employees of banks or insurance companies . Architects, civil engineers, real estate economists, business economists, surveyors or agricultural experts come into question. The chairman has several deputies who usually have to meet the same appointment requirements as the chairman.

tasks

The tasks are in detail:

  1. Management and evaluation of the purchase price collection as well as information from it
  2. Preparation of market value appraisals
  3. Expert opinion on the amount of compensation in connection with legal losses ( expropriation or other financial disadvantages)
  4. Determination and publication of standard land values and information on standard land values
  5. Determination of other data required for the valuation, including capitalization interest rates (property interest rates); Real value factors; Conversion coefficients and comparison factors (building factor or earnings factor)

The authorizations required for this are regulated in Section 197 of the BauGB.

Further tasks

Other tasks that are usually carried out by expert committees are not regulated in the law:

  1. Providing other information
  2. Creation of rental value overviews
  3. Preparation of reports on rental and leasing values
  4. Creation and publication of real estate market reports (also known as property market reports)

Upper expert committees

After the amendment of the Building Code as part of the Inheritance Tax Reform Act (Law on the Reform of Inheritance Tax and Valuation Law - Inheritance Tax Reform Act - ErbStRG) of November 28, 2008, the original "optional" regulation of the BauGB for the establishment of upper expert committees has been made mandatory. According to the version of § 198 BauGB, which has been in effect since July 1, 2009, upper expert committees (OGA) or central offices (ZG) are to be formed for the area of ​​one or more higher administrative authorities if more than two expert committees are in the area of ​​the higher administrative authority are formed.

The task of these central offices is in particular to work towards uniform standards in the federal state. This concerns on the one hand the quality of the management and evaluation of the purchase price collections and on the other hand the provision of market data ( standard land values and other data required for the valuation ) for the users.

Upper expert committees or central offices have been set up in all territorial states. The states of Baden-Württemberg and Saxony-Anhalt are an exception. There are more than 900 expert committees in Baden-Württemberg. A central office, preferably a central office of the expert committees, has not yet been set up. In Saxony-Anhalt there has been only one committee of experts since March 1, 2014; the establishment of an upper committee of experts is therefore not necessary; the same applies to the city states of Berlin, Bremen and Hamburg.

See also

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