Resthofstelle
Structurally preserved farms , which are no longer agricultural operations and which no longer include fields or pastures , are referred to as rest yards or rest yards . Rest yard areas arise through the abandonment of agricultural use and the breaking up of fields, pastures and the yard area. Often these are sold separately to different buyers. The size of the courtyard and building area is between 2,000 m² and 10,000 m².
Reasons for the emergence of residual yard spots
The structural change triggered by technical progress has led to strong corporate growth in agriculture. At the same time, a large amount of agricultural land is being rededicated for other uses. This leads to a reduction in the number of farms. The number of businesses in Germany has decreased by 3% annually since 1950.
The minimum size from which a farm is still profitable is around 75 hectares in Germany. The area of a farm can only be increased by closing another farm. At the same time, agricultural land is being used for settlement areas, traffic areas, afforestation, nature conservation purposes, etc., so that since 1950 the agricultural area has been reduced by 3 million ha to 16.7 million ha.
Restricted conversion due to planning regulations
After the use of the building by the agricultural enterprise has ended, it is necessary to find a further use of the structural systems in order to ensure the preservation of the rest yard in the long term.
In addition to the private interest of the owners, there is a public cultural interest in conservation. This is given by the fact that courtyards in the outdoor area are characteristic of the location and landscape in rural areas. They are part of the historical cultural landscape.
The subsequent use depends heavily on the characteristics of the farm and the environment. The conversion as a residential building is the most common.
However, some legal planning requirements must be taken into account. The buildings are not on building land , but on "arable land". Normally it is not allowed to build on these areas.
A building permit could only be obtained through Section 35 (1) No. 2 BauGB , which allows building to be built outside if the buildings are used by an agricultural or forestry company. With the abandonment of agricultural use, the justification for the privileged project has ceased to exist.
Changes of use are subject to approval and can only be permitted if the conditions of Section 35 (4) BauGB are met. Among other things, the external shape of the building must be preserved, the building must have been legally erected more than seven years ago and, in the case of residential use, a maximum of three apartments per courtyard.
A demolition and new construction is permissible according to § 35 Abs. 4 Nr. 2 BauGB if it is a legal building, which shows deficiencies or defects, is used by the owner and is newly built for personal use.
Problems with the soil evaluation of rest yard sites
The land value is largely determined by the permitted use. For this reason, land that can be built on is priced higher than land outdoors, which is not allowed to be built on.
Basically, the land value must be without taking into account the building structures according to §16. Paragraph 1 sentence 1 ImmoWertV. The application of this standard would, however, since residual yard sites are arable land for planning purposes, would result in a very low land value in the valuation.
For this reason, there is an exception in accordance with §16 for rest yard spaces. Paragraph 2 ImmoWertV, in which the structures are taken into account when determining the land value. The Federal Court of Justice speaks here of " actual building land ".
If there are no standard ground values for built-up outdoor plots, the standard ground values for comparable buildings in the interior can be used as a guide . To do this, the first step is to determine the most plausible subsequent use and then to use the standard land value from a nearby interior area for this use with surcharges or discounts for the valuation.
Individual evidence
- ↑ Gerd Ruzyzka-Schwob: Evaluation of farmyard sites - determination of partial values of agricultural business buildings . In: NAVKV news of the Lower Saxony surveying and land registry administration . H 6679, no. 3-4 . Hanover 2004, p. 37-47 ( online [PDF]).
- ↑ a b c Theo Kötter, Julia Langer: Special property "Resthofstelle" in the outdoor area under planning law - methodical approaches for property valuation . In: Theo Kötter, Klaus Kummer, Hans Joachim Linke, Franz Reuter, Walter Seele, Bertold Witte (eds.): Fub land management and land regulation . No. 2 . Verlag Chmielorz GmbH, 2015, ISSN 1616-0991 , p. 66-74 .
- ↑ Walter Seele : On the significance and determination of the current land value of built-up properties . In: VR 50/7 + 8 . 1988, p. 365 .
- ↑ §16. Paragraph 1 sentence 1 ImmoWertV
- ↑ §16. Paragraph 2 ImmoWertV
- ↑ BGH judgment v. 09/27/1990; III ZR 97/98 . 1990.