Urban redevelopment measure

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According to Section 136 (1) of the Building Code, urban redevelopment measures are measures in towns and villages through which an area ( redevelopment area ) is to be significantly improved or redesigned in order to remedy deficiencies in urban development, whereby uniform preparation and rapid implementation must be in the public interest .

Objectives of an urban redevelopment measure

Goals of urban redevelopment :

  • Preservation of the urban heritage as far as it is worth preserving.
  • Improve living and working conditions in the built environment.
  • Accompanying the structural change in the commercial economy and agriculture through urban development measures.

These overall measures find u. a. Use for renovation in historic city centers or for urban renewal in older city districts, in areas of urban monument protection and urban redevelopment .

requirement

As a prerequisite for the possibility of carrying out a redevelopment measure, there must be urban deficits in the area concerned. However, it is also sufficient if the urban development grievances only become apparent. In this case, the need for a measure arises from the need to prevent the deterioration of the urban development situation.

A distinction is made between two types of grievances: substance weaknesses and functional weaknesses.

Substance weaknesses exist in an area if the area with its existing buildings or other characteristics does not meet the general requirements for healthy living and working conditions or for the safety of the people living or working in it.

Functional weaknesses exist when the area can no longer perform the tasks that are incumbent on it according to its location and function or is impaired in the performance of the tasks.

Overall urban development measure

Urban redevelopment measures are overall measures ( Section 149 (2) and (3) BauGB); the individual measures in the course of the procedure are only relevant if they are part of the overall measure. They cannot be the subject of urban redevelopment on their own. Exceptionally, they can also be located outside of the redevelopment area (individual measure must be conditioned by the redevelopment).

Features of the renovation as an overall measure

  • Relation to a specific area
  • Elimination of urban development deficiencies as a general goal
  • Orientation towards a uniform conception and planning
  • long term duration
  • Bundling and targeted alignment of a large number of, in part, different individual measures
  • increased responsibility of the community

Individual measures

Individual measures are specific plans or projects within the framework of the overall measure, e.g. B.

  • Preparation of a development plan
  • the acquisition of a particular piece of land
  • the relocation of a particular company

Elimination of urban development grievances

The urban development deficiencies can be remedied in two ways: This can be done on the one hand by a significant improvement of the area or by a major redesign of the area. When the area is improved, structural or other facilities are built, modernized or repaired while maintaining the structure. If the grievances are remedied by a substantial redesign of the area, in particular

  • the type of structural or other use,
  • the degree of structural use,
  • the building plot areas or
  • the development

changed.

In order to remedy the urban development grievances, it is not necessary that all grievances are removed. It is sufficient if the existing grievances are significantly reduced.

Rehabilitation process

The building code provides for two types of redevelopment procedure:

  • The comprehensive rehabilitation process
  • The simplified rehabilitation process

The comprehensive rehabilitation process

The comprehensive redevelopment procedure (also classic redevelopment procedure ) is based on a special land-policy concept that deviates from general urban planning law. It is intended for cases in which, according to the urban development situation and the redevelopment goals of the municipality, it must be expected that the implementation of the redevelopment could be made significantly more difficult by increases in land value that only occur through the redevelopment. The building code assumes that in the event of urban development deficiencies that are to be remedied by redevelopment measures, the application of the entire special redevelopment law is basically justified. The key point of this type of procedure is that the municipality has to limit compensation and compensation payments as well as purchase prices to the land value that is not dependent on renovation and must also skim off renovation-related increases in land value to finance the renovation measure. Therefore, however, the development fee does not apply.

The simplified rehabilitation process

The simplified procedure is an urban redevelopment procedure which is carried out with the express exclusion of the special land law provisions ( Sections 152 - 156a BauGB ).

Decision-making freedom of the community

In principle, the comprehensive procedure is used above all when a significant area redesign is sought; the simplified procedure, on the other hand, if the maintenance and improvement of the existing building is the focus of the renovation. However, the decision between the comprehensive and the simplified procedure is not a discretionary decision of the municipality. Rather, the municipality has to exclude the application of §§ 152 - 156a BauGB in the redevelopment statute if these regulations are not necessary for the execution of the redevelopment and the execution will probably not be made more difficult.

Procedure

The course of the procedure is fixed in law and is divided into preparation, implementation and conclusion.

  • Preparation ( § 140 BauGB): task of the municipality
    • Preparatory examinations ( § 141 BauGB)
    • Determination of the goals and purposes of the renovation ( § 142 BauGB)
    • Urban planning ( § 3 , § 8 , § 10 BauGB)
    • Discussion of the intended renovation ( Sections 137 - 139 BauGB )
    • Discussion and updating of the social plan ( § 180 BauGB)
    • Formal definition of the redevelopment area through a redevelopment statute ( § 142 BauGB)
      • With the resolution of the formal definition of the redevelopment area, the land registry enters a redevelopment note in Section II of the land register for all affected properties . Furthermore, with immediate effect, all projects (including those that would otherwise not require approval) are only permitted with the consent / approval of the municipality. The municipality has to decide on the approval within one month.
  • Implementation ( § 146 BauGB)
    • Regulatory measures such as relocations, zoning including the acquisition of land, exposing land, construction or modification of development facilities, etc. are the responsibility of the municipality ( Section 147 BauGB)
    • Construction work, i.e. modernization, repair work or new / replacement 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)
    • Overview of costs and financing ( § 149 BauGB)
  • Actions to close
    • Repeal of the statute for defining the area ( § 162 BauGB)
    • Loss of legal effects for individual properties ( Section 163 BauGB)
    • Billing under funding and contribution law
    • Settlement of the renovation measure and collection of compensation amounts ( §§ 153 - 155 BauGB )
    • Hardship compensation ( § 181 BauGB)

In order to fulfill the tasks of the municipalities, redevelopment agencies or other agents are often involved (§ § 157 f. BauGB).

financing

The overall measure is financed by

  • the municipality with mostly financial aid from the state and the federal government within the framework of urban development funding ( § 164a , § 164b BauGB),
  • through the compensation amounts of the owners, which are levied at the end of the renovation, on the basis of the increased land values ​​caused by the renovation ( §§ 153 ff. BauGB ),
  • the investments of the private builders with possible subsidies from the community.

Duration of the restructuring process

The renovation process begins with the decision to start the preparatory investigations ( Section 141, Paragraph 3, Clause 1 of the Building Code) and ends with the completion of the renovation. As of January 1, 2007, the process should not last longer than 15 years. If the measures are not completed within this period, the deadline can be extended by resolution ( Section 142 (3) sentence 3 BauGB). The duration of many restructuring procedures is significantly longer due to the considerable grievances that exist.

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
  • Uwe Altrock, Ronald Kunze, Gisela Schmitt, Dirk Schubert (eds.): Yearbook Urban Renewal 1990/91 to 2011, annually. TU Berlin

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