Redevelopment agency
Redevelopment agencies or development agencies or other agents are appointed by the cities and villages to fulfill the tasks of the municipalities for the planning and implementation of overall urban development measures . The procedures for this are regulated in Sections 157 to 161 and Section 167 of the Building Code (BauGB).
Overall urban development measures
Urban overall measures Urban redevelopment measures ( §§ 136 et seq. BauGB), Urban development measures (rare) ( §§ 165 et seq. BauGB) and urban renewal measures ( § 171a Federal Building Code) and measures of social district . ( § 171e BauGB), which are in clearly delimited areas and which serve to remedy urban and social grievances or to reorganize urban development or to remedy the loss of urban development functions.
assignment
Overall urban development measures are time-limited and difficult administrative tasks that can only be carried out with experienced staff. In order to relieve its own staff, the municipality can appoint suitable agents - mostly redevelopment agencies or development agencies - in accordance with Section 157 (1) BauGB. In most of the overall urban development measures, the municipality mandates independent sponsors, especially since the sponsoring costs are fully or partially eligible and this relieves the burden on their own staff budget. The legislature and the legal commentators see the commissioning of third parties as an important approach to have time-limited tasks performed by the private sector and by suitable specialists.
Pursuant to Section 159 BauGB, the municipality and the redevelopment agency define at least the tasks, the legal position in which the redevelopment agency has to perform, appropriate remuneration to be paid by the municipality and the authority of the municipality to issue instructions by means of a written contract. The contract can only be terminated by either party for good cause.
Because of the necessary trustful cooperation between the municipality and the carrier, only one carrier should be commissioned who in all likelihood justifies this trust. B. on the basis of his experience and the people to be deployed for this community; the “chemistry” has to be right, even if the representatives of the community change (e.g. after elections). The redevelopment agency must provide the municipality with information on request.
compensation
Since the overall urban development measures usually take many years with a very different annual work intensity , the providers are usually billed using hourly wages. In the case of an overall measure that is limited in time and can be determined by the costs, the carrier costs can also be determined through an offer in competition. Project costs are eligible for urban development funding.
Trustee
Almost exclusively, the redevelopment agencies or development agencies fulfill the tasks as "trustees" of the community, ie in their own name but for the account of the community (trust assets according to § 160 BauGB). B. "Trustee redevelopment agency of the city XYZ". Carriers are very rarely active in their own name and for their own account.
tasks
The tasks of the sponsors include the preparation, implementation and completion of the overall urban development measures, i.e. commissioning or implementation, in close coordination and cooperation with the municipality
- the preparatory investigations ( § 141 BauGB),
- the determination of the goals and purposes of the renovation ( § 142 BauGB),
- urban planning including, if necessary, participation ( § 3 , § 8 , § 10 BauGB),
- the discussion of the intended renovation ( Sections 137-139 BauGB)
- the discussion and updating of the social plan ( § 180 BauGB)
- the preparation and demarcation of the redevelopment area to be formally determined by a redevelopment statute ( § 142 BauGB)
- project development and project management
- implementation ( § 146 BauGB), e.g. B. the regulatory measures such as removals, exposing property, development facilities etc. ( § 147 BauGB) or the support of the construction measures
- the acquisition of land or rights to them on behalf of the municipality to prepare or carry out the redevelopment,
- the conclusion of modernization and repair contracts
- applying for grants
- the administration of the trust assets always separated from other assets ( § 160 BauGB)
- keeping a cost and financing overview ( § 149 BauGB)
- the conclusion and the final calculation of the overall urban development measures
- public relations
The construction work, i.e. modernization or new buildings, as well as the relocation of operations are the responsibility of the owners; In the case of public needs and community facilities, this is the municipality ( § 148 BauGB)
Suitability as a carrier
According to § 158 BauGB, a company can only be entrusted with the tasks of a carrier if it is not active as a construction company itself or is dependent on a construction company, if it is suitable, according to its business activity and economic circumstances, to properly perform the tasks of a redevelopment agency, if he subjects himself to an annual review of his business activities and economic circumstances and if the executives and employees have the necessary reliability.
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 3406404839
- 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
