Restructuring law

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The redevelopment law is part of insolvency law in civil law and part of the special urban planning law in the Building Code ( and BauGB) in public law and is used for a limited time in certain urban areas to remedy more serious urban development deficiencies ( redevelopment ). The prerequisite is the high level of public interest and the planned action of all those involved under the overall responsibility of the municipality.

Everyone affected by the renovation must be informed in good time and involved in the process. According to the redevelopment law, the city's tasks include:

  • The preparation of the urban redevelopment (according to § 140 , § 141 BauGB),
  • the implementation of regulatory measures (according to § 147 BauGB),
  • the establishment and modification of public facilities and community facilities and
  • the implementation of other construction work.

It is up to the owners to carry out construction work (in accordance with Section 148 (1) BauGB). These include

  • the modernization and repair of buildings,
  • the new development or replacement development and
  • relocating or changing operations.

The redevelopment area must be defined by statutes , with the result that all projects (including sales) are subject to approval in the sense of the building code ( approval under redevelopment law ) and those affected are obliged to provide comprehensive information. In addition, compensation amounts can be levied for increases in value . Rent and lease relationships can be officially canceled.

When the redevelopment statute comes into force, a redevelopment note must be entered on the land register sheet of the land in question in accordance with Section 143 (2 ) of the Building Code .


Literature: Law of Reorganization Financing, Eds. Knops, Kai-Oliver, Bamberger, Heinz Georg, Lieser, Jens, 2nd edition 2019, ISBN 978-3-662-58377-7 .