Redevelopment area
In Germany, a redevelopment area is defined as a clearly defined area in which a municipality ( cities , municipalities, also villages) carries out an “ urban redevelopment measure ”. To this end, the municipality resolves a formal renovation statute in accordance with Section 142 of the Building Code (BauGB).
Reasons and goals
An urban redevelopment measure according to Section 136 (1) BauGB is carried out in a redevelopment area in order to remedy urban development deficiencies or functional weaknesses, to significantly improve them or to redesign.
The urban renewal pursues the goal of preserving the inherited building heritage, improving living and working conditions in the built environment and accompanying the structural change in the commercial economy and agriculture through urban development measures. The types of area that are being renewed by the cities and municipalities in this sense are different. They range from town centers and town centers to large housing estates from the post-war period, from residential areas from the founding years to industrial and commercial wastelands.
In practice, since 1991, this has been almost all old town areas or city centers in East Germany with their more or less historic city centers . But the city near many Gründerzeit districts with their ramshackle houses and streets were declared sooner or later redevelopment areas. As early as 1993, the large residential areas with more than 2500, then 2000 apartments were redeveloped due to their functional weaknesses. An increasing vacancy rate in the mostly four- to six-storey prefabricated housing estates led from around 1997 to a larger number of areas in which urban redevelopment began with the demolition of apartments and the upgrading of the district.
In western Germany, urban renewal in the redevelopment areas of the old towns , the town centers and the neighboring districts has been carried out in many towns and villages since 1960 . Between 1960 and 1990, this task had developed into a municipal priority task. In the big cities, the cities were often not included, as these areas were no longer in need of renovation to the extent that would otherwise be necessary due to their own urban development dynamics of trade, gastronomy, culture and services. In the meantime, especially in the residential areas, increasing functional weaknesses have been recorded and urban redevelopment is necessary.
An area-related and thus overall urban development measure must be in the public interest . Uniform preparation and rapid implementation are required.
Territorial designation
The formally defined redevelopment area is to be limited in such a way that the redevelopment can be carried out appropriately. Individual plots of land that are not affected by the redevelopment can be wholly or partially excluded from the area. If it emerges from the redevelopment that areas outside the redevelopment area have to be used for replacement buildings or replacement facilities to accommodate residents or businesses or public needs or community facilities, the municipality can determine suitable areas for this purpose.
The redevelopment area is to be designated and deadlines are to be set in which the redevelopment is to be carried out. A period of 15 years should not be exceeded, but it can be extended. However, the state's urban development funding remains unaffected.
Types of procedure
There are two different types of procedures for carrying out redevelopment in the redevelopment areas:
- the comprehensive (classic) rehabilitation process that is mostly used
- the simplified restructuring procedure.
The procedure that is legally required for the individual case must be used. There is no discretionary decision by the municipalities in choosing the procedure.
The comprehensive redevelopment process in accordance with bbaug BauGB is based on a land-policy concept, according to which the redevelopment will bring about significant improvements in the area. The prospective land value increases will be skimmed off by the municipality as compensation amounts after the overall urban development measure has been carried out. However, no development fees will then be charged.
The simplified restructuring procedure may according to Section 142 (4) of the BauGB can only be carried out if the special rehabilitation regulations of the third section ( bbaug BauGB) are not required, d. H. if no or only very little increases in land value are expected. In this case, if necessary, only development contributions in accordance with the Municipal Tax Act (KAG) can be levied from the neighbors for a new street or a significant upgrade of the street.
Procedure and funding
The procedure specified in the law ( §§ 136 to 163 BauGB) is divided into preparation (investigations, planning, social plan, discussions, statutes), implementation (construction and development measures ) and completion of the renovation.
The procedure is the task of the municipality, which often uses the redevelopment agency ( § 157 f. BauGB). (See under urban redevelopment measures ) The private builders have to renovate their houses on their own.
Urban redevelopment measures can be supported by urban development funding. The municipalities receive urban development funds from their federal states (state programs). The federal states receive grants for their programs from the federal government. Private builders can receive subsidies or loans from the municipalities for their unprofitable costs. However, there is no legal entitlement to the allocation of program funds by the state or the promotion of private builders by the municipality.
The cities and municipalities have made great achievements in urban renewal in recent years. However, the traditional tasks of urban renewal have only been partially fulfilled. In addition, new urban planning tasks are coming to the fore. This includes a more ecologically oriented renewal policy, urban redevelopment in the housing estates (vacancy, demolition, upgrading) and a socially oriented renewal through the program “ The Social City ”. Urban renewal is therefore a long-term future task of urban and community development.
See also
literature
- Ministry of Economic Affairs Baden-Württemberg (Ed.): Working aid for urban redevelopment measures according to the Building Code (BauGB). 2002.
- Battis, Krautzberger, Löhr: Commentary on the Building Code; Verlag CH Beck, Munich, ISBN 3-406-40483-9
- Ernst, Zinkahn , Bielenberg , Krautzberger : Building Code, 82nd supplementary delivery; Verlag CH Beck, Munich, ISBN 978-3-406-55892-4 , 2007
- Krautzberger: Urban development law, 42nd supplementary delivery; Verlag CH Beck, Munich, ISBN 978-3-8006-3260-2
