Legalization (building law)
In building law, legalization is the subsequent conversion of an unapproved building (colloquially: a " black building ") into an approved building. The legalization effect can result on the one hand (rarely) from an originally lawful building permit and on the other (more often) from a contract under public law between the building permit authority and the client .
However, the public law contract would have to be effective, i.e. not void. A frequent case is that the building permit authority does not obtain the consent of the municipality in accordance with Section 36 of the Building Code (BauGB) and nevertheless concludes a public-law contract with the client in accordance with Sections 54 ff. Of the Administrative Procedure Act (VwVfG). In these cases there is usually no legalization effect because the contract was ineffective from the start according to Section 58 (2) VwVfG because the municipality was not involved. If a municipality one in these cases liability lawsuit charges against the building authority on adoption of a Baubeseitigungsanlage, is as a legal consequence first of a discretionary decision of the building permit authority. In the cases of passive grandfathering the reduced discretion , however, to zero, that is, the building authority must then adopt Baubeseitigungsverfügung. However, if the structure is not permitted under building planning law and there is also no protection of existing buildings, the authority's discretion is reduced to such an extent that a demolition order must be issued.
Individual evidence
- ↑ VGH Bayern , judgment of January 21, 2004, Az. 26 B 02.873, guiding principle = NVwZ-RR 2005, 56
