Urban planning imperative
In German public building law, an urban development requirement refers to an obligation that a municipality can issue to a property owner in order to force him to implement a building measure that is necessary for urban development. The building code has known the following requirements since 1971 ( § 175 BauGB):
- Building order ( § 176 BauGB)
- Modernization and maintenance requirement ( § 177 BauGB)
- Planting requirement ( § 178 BauGB)
- Dismantling and unsealing requirement ( § 179 BauGB)
General
The building planning law only stipulates the scope of the permitted development for property owners, it basically does not create any compulsion to actually establish the permitted development. The owners are free to leave their property undeveloped or not to change an existing development, even if they z. B. does not correspond to the stipulations of a new development plan. From the point of view of the municipality, however, it may be necessary for individual plots to be in a certain urban condition, for example demolition or new construction in an exposed location, in order to eliminate significant negative effects on the townscape. In this case, it can issue urban development bids against the owners, which are, however, linked to high legal requirements. In particular, the need for the prompt implementation of the measure by the municipality must be justified. Those affected should be given the opportunity to discuss the matter beforehand and they should be informed about the possibilities of public funding ( Section 175 (1) BauGB).
A distinction must be made between the urban planning requirements and orders to avert danger in the event of an imminent concrete danger, for example the imminent collapse of a building, which can be issued by the municipalities in accordance with the state building regulations and require less justification. Urban planning requirements can be imposed both within the scope of development plans and in the unplanned interior area as well as within the framework of urban redevelopment and development measures .
Building bid
The building order refers to the obligation of a property owner to "build on his property within a reasonable period of time in accordance with the provisions of the development plan or to adapt an existing building [...] to the provisions of the development plan" (so-called "plan realization requirements" Section 176 (1) No. 1 and 2 BauGB). Since building bids do not include the building permit required for the new building project , the municipality can also request that a building application be submitted. The law also explicitly names the urgent housing needs of the population as a possible reason and the closing of building gaps as a purpose that can justify a building bid. The urban planning necessity cannot only be justified with the urban design or the protection of the townscape . This means that building bids can in principle also be used to obtain the construction of new living space from private property owners when the housing market is tight, within the scope of what is permitted under planning law.
However, the building law has so far hardly been used in cities with overheated housing markets, as it is subject to special conditions in terms of economic reasonableness. In the case of objective economic unreasonableness, i.e. one that is justified in the required development itself, the municipality must refrain from the requirement ( Section 176 (3) BauGB). In the case of a subjective economic unreasonableness, i.e. due to the person of the property owner, a takeover claim of the owner against the municipality arises ( § 176 Abs. 4 BauGB). Many communities have so far avoided this possible subsequent financial burden. Apart from the possibility of expropriation ( Section 176 Paragraphs 8 and 9, Section 85 Paragraph 1 No. 5 BauGB), the law currently does not allow any other sanctions such as fines. The withdrawal of the building right would run counter to the actual aim of the building law. On the other hand, the threat of the municipality using a building permit can in some cases induce owners to use their land accordingly.
See also
literature
- Marie-Luis Wallraven-Lindl, Anton Strunz: Urban planning requirements according to the building code . Difu work aids , 2010. ISBN 978-3-88118-486-1 .
Web links
- Jurisprudence on the building law according to § 176 BauGB Scientific Services of the German Bundestag , as of April 4, 2018.
- Theo Kötter, Sven Müller-Grunau, Christian Huttenloher, Jens Freudenberg: Simulation game for the introduction of an "interior development measure" ("interior development measure area") in the building code final report. Bonn, October 22, 2018.
- Melanie Markstein: Instruments and strategies for building land development and building land mobilization in Germany, Austria and Switzerland - a methodological comparison with development proposals for the instruments for building land development in Germany Univ.-Diss., TU Munich 2003.
Individual evidence
- ↑ Hartmut Dieterich: Building Law - A Way to Develop Developed Building Plots? In: Association of Cities and Municipalities . No. 2 , p. 43-49 .
- ↑ a b BBSR, Federal Institute for Building, Urban and Spatial Research: Guide to dealing with problem real estate . Bonn 2020.
- ↑ Andreas von Delhaes-Guenther: Seehofer: No compulsion to build Bayernkurier , April 25, 2019.
- ^ Andreas Hengstermann: Building obligations in Switzerland: Overcoming the passivity of plan implementation. In: Gerber, Jean-David; Hartmann, Thomas; Hengstermann, Andreas (Ed.): Instruments of Land Policy - Dealing with Scarcity of Land . Routledge, Abingdon, S. 175-188 .
- ↑ cf. Daniel Krummacher: "Bauzwang" in Tübingen - What you should know about building bids, penalties and expropriations May 29, 2019.
