Urban development measure

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Urban development measures are urban restructuring in firmly delimited development areas in cities and villages in accordance with §§ 165 ff. In particular urban development law of the Building Code (BauGB). They must be in the public interest and be of particular importance to the development of the community. This urban development law instrument was first introduced in Germany by the Urban Development Promotion Act of July 27, 1971.

aims

The aim is that in these areas, due to their particular importance for urban development,

  • new places are created or existing places are expanded by new places (external development) or
  • existing places are developed into new settlement units ( internal development ).

preparation and execution

A development measure as an overall measure for a development area - with the participation of the public and the participation of those affected after extensive preparatory studies - is decided by the municipality as a development statute and then uniformly planned and implemented. It should lead to the community being able to realize its urban planning ideas conceptually more coherently and more quickly than through urban land use planning . The reservation of approval for all acquisitions and all significant changes in the area also serves to secure the development. The municipality has a right of first refusal and can also expropriate land without a development plan.

A development measure may only be carried out if it serves the “common good” and is of particular importance for the development of the community. This applies in particular to measures to cover an increased demand for living and workplaces, to set up public facilities or to make fallow land usable again. Uniform preparation and speedy implementation must be in the public interest.

In order to fulfill the tasks of the municipalities, redevelopment and development agencies or other agents are often involved ( Section 167 BauGB).

financing

A development measure is u. a. financed by the municipality acquiring the land at the value that would come about without prospect of the development measure. The building plots are sold after the development measure at the higher market value. Owners who keep their land must pay a compensation amount equal to the difference between the market values ​​before and after the measure was carried out. The otherwise usual development contributions are omitted. However, it is not always the case that the difference in property prices before and after the development measure is sufficient to finance it, which means that the city bears a risk. A development measure can also be supported within the framework of urban development funding.

Reference to the urban redevelopment measure

The process of an urban development measure corresponds - with some important differences - approximately to the process of an urban redevelopment. Correspondingly, in § 169 BauGB, when carrying out a development measure, urban redevelopment according to § 136 ff. BauGB is used in addition . In particular, the regulations on preparation, implementation, land law, the agents, etc. according to §§ 136 ff. Of the Building Code .

See also: Urban development funding | Urban renewal | Urban monument protection | City | Urban development | Historic city center | Cities with historic city centers | Building Code | Redevelopment agency

Conclusion

The development measure instrument is difficult to implement in practice. Because of the sometimes very high hurdles (public welfare, preliminary expropriation effects, evidence of the increased need for living and workplaces, rapid implementation, lack of financial resources from the municipality to purchase land), it is only rarely used in Germany.

literature

  • Expert commission for urban renewal of ARGEBAU :: urban redevelopment measures or development measures as working aids . Published u. a. by the Ministry of Economics of Baden-Württemberg
  • Federal Ministry of Transport, Building and Urban Development: Urban development programs, leaflet on federal financial aid . Berlin 2006 (see web link)
  • 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
  • Bunzel, Lunebach: Urban development measure - a manual , Difu contributions to urban research Volume 11. Berlin 1994, ISBN 3-88118-176-8
  • Ronald Kunze, Hartmut Welters (ed.): The practical handbook of building land use planning . Kissing 1997-2012, ISBN 978-3-8277-8189-5

Web links