| Federal Building Code (Baugesetzbuch, BauGB) |
In the version amended by the Act to Amend the Federal Building Code and to Reorder Spatial Planning Law [BauROG], issued on August 18th 1997 (BGBl. I p. 2081)
Translation provided by the Federal Ministry for Transport, Construction and Housing and reproduced with kind permission.
Table of Contents
Chapter One General Urban Planning Legislation
Part One Urban Land-Use Planning
Subdivision One General Provisions
Section 1 The Scope, Definition and Principles of Urban Land-Use Planning
Section 1a Consideration for Environmental Concerns
Section 2 The Preparation of Land-Use Plans, Power to Prepare Statutory Instruments
Section 3 Public Participation
Section 4 Participation by Public Agencies
Section 4a Informing Neighbouring Municipalities and Public Agencies Across National Borders
Section 4b Involvement of a Third PartySubdivision Two The Preparatory Land-Use Plan
Section 5 The Content of the Preparatory Land-Use Plan
Section 6 Approval of the Preparatory Land-Use Plan
Section 7 Adaptation to the Preparatory Land-Use PlanSubdivision Three The Legally Binding Land-Use Plan
Section 8 The Purpose of the Legally Binding Land-Use Plan
Section 9 The Content of the Legally Binding Land-Use Plan
Section 10 The Resolution on the Binding Land-Use PlanSubdivision Four Co-operation with the Private Sector; Simplified Procedure
Section 11 The Urban Development Contract
Section 12 The Project and Infrastructure Plan
Section 13 Simplified Procedure
Part Two Safeguarding Land-Use Planning
Subdivision One Prohibitions on Development and the Postponement of Building Applications
Section 14 Development Freezes
Section 15 Postponement of Building Applications
Section 16 The Resolution to Impose a Development Freeze
Section 17 Validity of the Development Freeze
Section 18 Compensation in Respect of Development FreezesSubdivision Two Permission to Subdivide Plots
Section 19 Permission to Subdivide Plots
Section 20 Grounds for Refusing Permission and Temporary Prohibitions on Making Entries in the Land Register
Section 21 (repealed)
Section 22 Safeguards for Areas of Tourism
Section 23 (repealed)Subdivision Three The Municipality's Statutory Pre-Emption Rights
Section 24 General Right of Pre-Emption
Section 25 Specific Right of Pre-Emption
Section 26 Exclusion of the Right of Pre-Emption
Section 27 Forestalling the Pre-Emption Right
Section 27a Exercise of a Pre-Emption Right in Favour of a Third Party
Section 28 Procedures and Compensation
Part Three Control of Land Use for Building or Other Purposes; Compensation
Subdivision One Permissibility of Development Projects
Section 29 The Definition of a Development Project; Validity of Legal Provisions
Section 30 The Permissibility of Development Projects Within the Area Covered by a Legally Binding Land-Use Plan
Section 31 Exceptions and Dispensations
Section 32 Use Restrictions on Spaces for Future Community Use, for Transport, Infrastructure and Green Spaces
Section 33 The Permissibility of Development Projects During Preparation of the Plan
Section 34 The Permissibility of Development Projects within Built-Up Areas
Section 35 Building in the Undesignated Outlying Area
Section 36 Involvement of the Municipality and the Higher Administrative Authority
Section 37 Built Developments by the Federation [Bund] and Federal States [Länder]
Section 38 Physical Structures of Supra-Local Significance Resulting from Plan Approval Procedures; Waste Disposal Facilities with Public Access
Section 39 Breaches of Faith
Section 40 Compensation in Money or by Transference of Title
Section 41 Compensation on the Establishing of Walking and Driving Rights and Rights of Passage and in Connection with Obligations Regarding Greenery
Section 42 Compensation Following Change of Withdrawal of a Permitted Use
Section 43 Compensation and Procedures
Section 44 Liability to Pay Compensation, Due Date of Payment and the Expiration of Claims to Compensation
Part Four Land Reallocation
Subdivision One Reallocation of Property Rights
Section 45 The Purpose of Reallocation
Section 46 Responsibility and Preconditions
Section 47 Resolution on Reallocation
Section 48 Parties Involved
Section 49 Legal Succession
Section 50 Public Notice of a Resolution on Reallocation
Section 51 Prohibition on Disposition and Development Freezes
Section 52 The Area for Reallocation
Section 53 As-Built Map and Inventory
Section 54 Notification and Note of Reallocation
Section 55 Reallocation Mass and Redistribution
Section 56 Criteria for Redistribution
Section 57 Redistribution by Value
Section 58 Redistribution by Size
Section 59 Allocation and Financial Settlements
Section 60 Financial Settlements and Adjustments for Physical Structures, Planting and Other Constructions
Section 61 The Withdrawing, Alteration and Establishing of Rights
Section 62 Shared Ownership; Special Legal Relationships
Section 63 Transfer of Legal Relationships to the Financial Settlement
Section 64 Payments
Section 65 Deposits of Payments and the Redistribution Procedure
Section 66 The Preparation and Contents of the Reallocation Plan
Section 67 The Reallocation Map
Section 68 The Reallocation Inventory
Section 69 Public Notice of the Reallocation Plan, Availability for Inspection
Section 70 Serving the Reallocation Plan
Section 71 The Coming into Force of the Reallocation Plan
Section 72 The Effects of Public Notice
Section 73 Alterations to the Reallocation Plan
Section 74 Rectification of Public Registers
Section 75 Inspection of the Reallocation Plan
Section 76 Pre-Emption of the Decision
Section 77 Putting in Possession Prior to Completion
Section 78 Procedural and Material Costs
Section 79 Waiving of Charges and ExpensesSubdivision Two Adjustment of Plot Boundaries
Section 80 Purpose, Requirements and Authority
Section 81 Payments
Section 82 The Resolution on the Adjustment of Plot Boundaries
Section 83 Public Notice and Legal Effects of the Adjustment of Plot Boundaries
Section 84 Rectification of Public Registers
Part Five Expropriation
Subdivision One Legal Requirements for Expropriation
Section 85 The Purpose of Expropriation
Section 86 The Subject of Expropriation
Section 87 Requirements for the Admissibility of Expropriation
Section 88 Expropriation on Urgent Urban Development Grounds
Section 89 Duty of Disposal
Section 90 The Expropriation of Plots for Purposes of Compensation in the Form of Land
Section 91 Restitution for Withdrawn Rights
Section 92 The Scope, Limits and Extent of ExpropriationSubdivision Two Compensation
Section 93 Principles Governing Compensation
Section 94 Beneficiaries of Compensation and Obligated Parties
Section 95 Compensation for the Loss of a Right
Section 96 Compensation for Other Property Loss
Section 97 The Treatment of the Rights of Secondarily Entitled Parties
Section 98 Succession in Debt
Section 99 Compensation in the Form of Money
Section 100 Compensation in the Form of Land
Section 101 Compensation by the Granting of Other Rights
Section 102 Re-Expropriation
Section 103 Compensation in the Case of Re-ExpropriationSubdivision Three The Expropriation Procedure
Section 104 The Expropriation Authority
Section 105 The Application for Expropriation
Section 106 Parties Involved
Section 107 Preparation for the Hearing
Section 108 Initiation of the Expropriation Procedure and Fixing the Date for the Hearing; Note of Expropriation
Section 109 Requirement of Official Consent
Section 110 Agreement
Section 111 Partial Agreement
Section 112 Adjudication by the Expropriation Authority
Section 113 The Resolution on Expropriation
Section 114 Time Limit for Use
Section 115 Procedure for Compensation by the Granting of Other Rights
Section 116 Putting in Possession Before Completion of the Procedure
Section 117 Execution of the Resolution of Expropriation
Section 118 Deposits
Section 119 The Distribution Procedure
Section 120 Revocation of the Resolution on Expropriation
Section 121 Costs
Section 122 Enforceable Title
Part Six Provision of Local Public Infrastructure
Subdivision One General Provisions
Section 123 Responsibility for the Provision of Local Public Infrastructure
Section 124 Infrastructure Contract
Section 125 Ties to the Legally Binding Land-Use Plan
Section 126 Duties of the OwnerSubdivision Two Recoupment Charges for Local Public Infrastructure
Section 127 The Collection of Recoupment Charges
Section 128 The Extent of Expenditure on Local Public Infrastructure
Section 129 Legitimate Recoupment Charges
Section 130 Assessment of Legitimate Recoupment Charges
Section 131 Criteria for the Allocation of Recoupment Charges
Section 132 Regulation by Statute
Section 133 The Subject and Commencement of the Duty to Make Recoupment Charges
Section 134 Liability to Render Recoupment Charges
Section 135 Due Date and Payment Part Seven Nature Conservation Measures
Section 135a Duties on Developers; Implementation by the Municipality; Reimbursement
Section 135b Criteria for Cost-Sharing
Section 135c The Right to Enact Statutes
Chapter Two Special Urban Planning Legislation
Part One Urban Redevelopment Measures
Subdivision One General Provisions
Section 136 Urban Redevelopment Measures
Section 137 Participation and Involvement by Parties Affected
Section 138 Duty to Provide Information
Section 139 Participation and Involvement of Public AgenciesSubdivision Two Preparation and Execution
Section 140 Preparation
Section 141 Preparatory Investigations
Section 142 The Redevelopment Statute
Section 143 Public Notice of the Redevelopment Statute, Entry of the Note of Redevelopment
Section 144 Development Projects and Legal Procedures Requiring Permission
Section 145 Permission
Section 146 Implementation
Section 147 Infrastructural Measures
Section 148 Constructional Measures
Section 149 Overview of Costs and Financing
Section 150 Reparations for Changes to Public Utility Installations
Section 151 Exemption from Charges and ExpensesSubdivision Three Special Statutory Provisions for Redevelopment
Section 152 Scope of Application
Section 153 Assessment of Settlements and Compensatory Payments, Purchasing Prices, Reallocation of Land
Section 154 Financial Settlement from the Property Owner
Section 155 Allowances Against the Financial Settlement, Waiver
Section 156 Transitional Regulations for Formal Designation
Section 156a Costs and Financing of Redevelopment MeasuresSubdivision Four Redevelopment Agencies and Other Agents
Section 157 The Discharging of Municipality Responsibilities
Section 158 Confirmation of Status as a Redevelopment Agency
Section 159 The Discharging of Responsibilities as a Redevelopment Agency
Section 160 Trust Assets
Section 161 Security for the Trust AssetsSubdivision Five The Termination of Redevelopment
Section 162 Repeal of the Redevelopment Statute
Section 163 Cessation of Legal Effects for Individual Plots
Section 164 Claims to RetrotransferSubdivision Six Financial Support for Urban Development
Section 164a The Utilisation of Urban Development Grants
Section 164b Administrative Agreements
Part Two Urban Development Measures
Section 165 Urban Development Measures
Section 166 Competence and Responsibilities
Section 167 The Delivery of Tasks on Behalf of the Municipality; Development Agencies
Section 168 Requirement to Transfer Ownership
Section 169 Special Provisions for Urban Development Zones
Section 170 Special Provision for Adjustment Areas
Section 171 The Cost and Funding of Development Measures
Part Three The Preservation Statute and Urban Development Enforcement Orders
Subdivision One The Preservation Statute
Section 172 The Preservation of Physical Structures and of the Specific Urban Character of an Area (The Preservation Statute)
Section 173 Permission, Claims to Transfer of Ownership
Section 174 ExceptionsSubdivision Two Urban Enforcement Orders
Section 175 General Provisions
Section 176 Building Orders
Section 177 Modernisation and Refurbishment Orders
Section 178 Planting Orders
Section 179 Development Reduction and Unsealing Orders
Part Four The Social Plan and Hardship Allowances
Section 180 The Social Plan
Section 181 Hardship Allowances
Part Five Tenancies and Leases
Section 182 The Termination of Tenancies and Leases
Section 183 The Termination of Tenancies and Leases in Respect of Undeveloped Land
Section 184 The Termination of Other Contractual Relationships
Section 185 Compensation on the Termination of Tenancies and Leases
Section 186 The Extension of Tenancies and Leases
Part Six Urban Development Measures in Connection with Measures for the Improvement of the Agrarian Structure
Section 187 The Co-ordination of Measures; Urban Land-Use Planning and Measures for the Improvement of Agrarian Structure
Section 188 Urban Land-Use Planning and the Consolidation of Agricultural Land Holdings
Section 189 The Procurement of Replacement Land
Section 190 Reallocation and Consolidation of Land Holdings to Enable an Urban Development Measure
Section 191 Regulations on Transactions Involving Agricultural and Forestry Land
Chapter Three Other Provisions
Part One Valuation
Section 192 The Committee of Valuation Experts
Section 193 The Duties of the Committee of Valuation Experts
Section 194 Standardised Market Values
Section 195 Purchasing Price Data
Section 196 Standard Ground Values
Section 197 The Powers of the Committee of Experts
Section 198 The Higher Committee of Experts
Section 199 Delegated Powers
Part Two General Provisions; Administrative Responsibilities; Administrative Procedures; Planning Safeguards
Subdivision One General Provisions
Section 200 Properties; Rights to Properties; Cadaster of Building Land
Section 200a Replacement Measures under State Nature Conservation Legislation
Section 201 Definition of Agriculture
Section 202 Protection of TopsoilSubdivision Two Administrative Responsibilities
Section 203 Provisions for Deviations in Administrative Responsibility
Section 204 Joint Preparatory Land-Use Plans, Urban Land-Use Planning in the Context of the Formation of Planning Associations and in the Case of Local Government Reorganisation
Section 205 Planning Associations
Section 206 Territorial and Subject-Matter ResponsibilitySubdivision Three Administrative Procedures
Section 207 Officially Appointed Representatives
Section 208 Orders for Investigating the Facts and Circumstances
Section 209 Preliminary Groundwork on Private Properties
Section 210 Restitution
Section 211 Advice on Legal Redress
Section 212 Preliminary Proceedings
Section 212a Exemptions to Suspensory Effect
Section 213 Administrative OffencesSubdivision Four Planning Safeguards
Section 214 Relevance of Violations of the Provisions Governing the Preparation of Preparatory Land-Use Plans and Local Statutes
Section 215 Time-Limits for Claiming Violation of Procedural and Formal Requirements and Procedural Flaws in the Course of Consideration
Section 215a Supplementary Procedure
Section 216 Responsibilities in Permission Procedures
Part Three Proceedings Before Court Chambers (Senates) for Building-Land Matters
Section 217 Motions for Court Rulings
Section 218 Restitution
Section 219 The Territorial Jurisdiction of Regional Courts [Landgerichte]
Section 220 The Composition of Chambers for Building-Land Matters
Section 221 General Provisions on Procedure
Section 222 Concerned Parties
Section 223 Challenges to Discretionary Adjudications
Section 224 Challenges to Possession Before Completion
Section 225 Orders of Implementation Before Completion
Section 226 Judgements
Section 227 Default by a Concerned Party
Section 228 Costs of the Proceedings
Section 229 Appeals and Grievances
Section 230 Appeals on Points of Law
Section 231 Agreement
Section 232 Additional Responsibilities of the Chambers (Senates) for Building-Land Matters
Chapter Four Transitional and Concluding Regulations
Section 233 General Transitional Provisions
Section 234 Transitional Provisions Regarding the Right of Pre-Emption
Section 235 Transitional Provisions for Urban Development and Redevelopment Measures
Section 236 Transitional Provisions on Building Orders and the Preservation of Physical Structures
Section 237 (repealed)
Section 238 Transitional Provision on Compensation
Section 239 Transitional Provisions on Land Reallocation
Section 240 (repealed)
Section 241 (repealed)
Section 242 Transitional Regulations on the Provision of Local Public Infrastructure
Section 243 Transitional Provisions for the Administrative Measures Act to Supplement the Federal Building Code
Section 244 (repealed)
Section 245 (repealed)
Section 245a (repealed)
Section 245b Transitional Provisions for Development Projects in Undesignated Outlying Areas
Part Two Concluding Provisions
Section 246 Special Regulations for Individual Federal States
Section 246a (repealed)
Section 247 Special Provisions for Berlin as the Capital of the Federal Republic of Germany
(1) The function of urban land-use planning [Bauleitplanung] is to prepare and control the use of land within a municipality, for buildings or for other purposes, in accordance with this Act.
(2) Urban land-use plans comprise the preparatory land-use plan [Flächennutzungsplan] and the legally binding land-use plan [Bebauungsplan].
(3) It is the responsibility of municipalities to prepare land-use plans [Bauleitpläne] as soon as and to the extent that these are required for urban development and regional policy planning.
(4) Land-use plans shall be brought into line with the aims of comprehensive regional planning.
(5) Land-use plans shall safeguard sustainable urban development and a socially equitable utilisation of land for the general good of the community, and shall contribute to securing a more humane environment and to protecting and developing the basic conditions for natural life. In the preparation of land-use plans, attention is to be paid in particular to the following:
1. the general requirement for living and working conditions which are conducive to good health, and the safety of the population at home and at work,
2. the housing requirements of the population – whilst avoiding unbalanced population structures, increasing property ownership among broader sections of the population, especially by supporting low-cost housing, and population development,
3. the social and cultural needs of the population, in particular those of families, the young and the elderly and those with handicaps, as well as to the requirements of the education system and the need for sports, leisure and recreational facilities,
4. the preservation, renewal and development of existing local centres [Ortsteile] and to the shaping of the town- and landscape,
5. the requirements relating to the preservation and maintenance of historic monuments and to local centres, streets and public spaces of historical, artistic or architectural importance which warrant preservation,
6. the requirements of Churches and religious organisations under public law for worship and pastoral care,
7. the requirements of environmental protection pursuant to section 1a and through the use of renewable energy sources, nature protection and the preservation of the countryside [Landschaftspflege], in particular of the ecological balance in nature, and of water, the air, the ground including its mineral deposits, and the climate,
8. economic requirements, including maintaining the structural role of medium-sized companies, in the interests of local, close-to-the-consumer supply to the population, the requirements of agriculture and forestry, of transport including local public transport, of the postal and telecommunications services, public utilities – in particular power supply and water, waste disposal and sewerage, and the protection of natural resources and the preservation, protection and creation of employment,
9. defence and civil defence requirements,
10. the results of other urban planning measures adopted by the municipality.
(6) In preparing land-use plans, public and private interests are to be duly weighed.
(1) Land shall be used sparingly and with due consideration; the extent to which it is sealed by development shall be kept to a minimum.
(2) In the course of the weighing process pursuant to Section 1 para. 6, the following matters shall be considered:
1. the content of landscape and other plans, in particular those produced under water, waste and pollution control legislation.
2. the avoidance of, and counterbalances for, the impact expected to be suffered by nature and the landscape (provisions of the Federal Nature Conservation Act on intrusions),
3. assessment of the calculated and described impact of a development project on the environment corresponding to the respective stage of planning (environmental impact assessment), to the extent that the admissibility under building and planning law of specific development projects within the sense of the appendix to Section 3 of the Environmental Impact Assessment Act is to be established by reference to environmental impact assessment, and
4. the preservation aims and the purpose of protection for areas of Community importance and of European bird sanctuaries within the meaning of the Federal Nature Conservation Act; in cases where these may be seriously impaired, the provisions of the Federal Nature Conservation Act on the permissibility or execution of such intrusions and the requirement to obtain an opinion from the Commission shall be applied (assessment according to the Flora-Fauna-Habitat Directive).
(3) Counterbalances for the impact to be expected on nature and on the landscape as a consequence of intrusions is set out in the form of appropriate representations as spaces for counterbalances pursuant to Section 5 and as designations as spaces for counterbalances and counterbalancing measures pursuant to Section 9. The representations and designations required under sentence 1 may also be made in respect of some other location than that at which the intrusion takes place provided that this is compatible with ordered urban development and the aims of regional planning, of nature protection and of conservation of the countryside. In place of the representations and designations called for in sentence 1 or sentence 2, contractual agreements pursuant to Section 11 may be entered into or other suitable measures taken to provide counterbalances on land made available by the municipality. Counterbalancing measures are not required in the case of an intrusion which was carried out or was permissible prior to a planning decision being taken.
(1) The adoption of land-use plans falls within the responsibility of the relevant municipality. Public notice of the resolution on the preparation of a land-use plan is to be made in the manner customary in the municipality.
(2) Land-use plans for neighbouring municipalities must be co-ordinated.
(3) No person or party has the right to require a municipality to prepare or adopt land-use plans or urban-planning statutes; such a right cannot be established by contract.
(4) The provisions of this Act on the adoption of land-use plans also are applicable in respect of amendments, supplements and cancellation.
(5) The Federal Minister for Regional Planning, Building and Urban Development, with the approval of the Federal Council [Bundesrat], is empowered to introduce regulations by legal ordinance on
1. representations and designations in land-use plans regarding
a) the type of land use for building purposes,
b) the degree of land use for building purposes and the manner in which this is to be calculated,
c) the coverage type and the plot areas which may or may not be built on;
2. the types of development – by constructing buildings or otherwise – permissible within specific land-use areas [Baugebiete];
3. the admissibility of designations under Section 9 para. 3 on various types of specific land-use areas or on developments – by constructing buildings or otherwise – permissible within these areas;
4. the preparation of land-use plans, including associated documentation, and the representation of the contents of the plan, in particular with regard to the notation symbols used and their interpretation.
(1) The public is to be informed at the earliest possible stage about the general aims and purposes of planning, about significantly different solutions which are being considered for the redesign or development of an area, and of the probable impact of the scheme; the public is to be given suitable opportunity for comment and discussion. Public notification and discussion may be dispensed with in cases where
1. a legally binding land-use plan [Bebauungsplan] is being prepared, modified, or is revoked, where this has only minimal effects on the plan area and adjacent areas, or
2. public notification and discussion have already been effected by some other means.
Notification and discussion is also followed by the procedure as described in para. 2 where discussion results in changes being made to the plan.
(2) Drafts of land-use plans with the accompanying explanatory report or statement of grounds are to be put on public display for a period of one month. The place and times at which plans may be inspected are to be made public at least one week in advance in the manner customary in the municipality with the advice that suggestions may be lodged during the display period. Involved parties within the meaning of Section 4 para. 1 are to be informed of plans being placed on display. Suggestions lodged within the period allowed are to be examined; persons who have lodged suggestions are to be informed of the outcome of this examination. In cases where more than fifty people lodge what are essentially the same suggestions, personal notification of the outcome of the examination may be dispensed with by allowing those concerned access to inspect the appraisal; public notice of the offices at which the appraisal may be inspected is to be made in the manner customary in the municipality. On submission of the land-use plans in accordance with Section 6 or Section 10 para. 2, any suggestions which have not been incorporated are to be included with the official comment of the municipality.
(3) Where amendments or supplements are made to the draft of a land-use plan subsequent to the display period, it shall once again be put on display in accordance with para. 2; in respect of this display period, stipulation may be made that only suggestions pertaining to those sections which have been amended or added may be lodged. The display period may be shortened to two weeks. In cases where amendments and supplements to a land-use plan [Bauleitplan] do not affect the general principles of planning, the simplified procedure may be adopted as applicable pursuant to Section 13 no. 2.
(1) The municipality shall obtain comments and opinions from public authorities and from other public agencies whose activities are affected by the planning measure at the earliest opportunity. Participation may take place simultaneously with the procedure pursuant to Section 3 para. 2.
(2) Public agencies shall supply their comments and opinions as provided in Section 1 within a period of one month; the municipality may extend this period as appropriate where there is deemed to be good reason to warrant this. Public agencies shall restrict their comments to those matters which lie within their purview; they are also required to supply information, including time-scales, on any planning or other measures either scheduled or already embarked upon which may be of significance for the urban development and the ordering of the territory.
(3) The comments of public agencies shall be considered within the weighing procedure pursuant to Section 1 para. 6. Any matters not raised by the public agencies within the period stated in para. 2 sentence 1 shall not be considered within the weighing procedure, unless those matters raised subsequent to expiry of this period are or should have been known to the municipality or are significant for ensuring that the weighing procedure is lawful.
(4) In the case of a draft urban land-use plan being subsequently amended or supplemented in such a way that this leads to the purview of a public agency being affected or being more seriously affected than previously, the simplified procedure provided in Section 13 no. 3 may be implemented as applicable.
(1) In the case of urban land-use plans capable of exerting a significant impact on a neighbouring country, municipalities and public agencies in the neighbouring country shall be informed in accordance with the principles of mutuality and equivalence.
(2) Any consultations which take place on the basis of the procedure provided in para. 1 shall be conducted in accordance with the principles of mutuality and equivalence.
The municipality may delegate the preparation and implementation of the steps described in Sections 3 to 4a to a third party in particular in order to accelerate the land-use planning procedure.
(1) The preparatory land-use plan shall represent in basic form the type of land uses arising for the entire municipal territory in accordance with the intended urban development which is proposed to correspond to the anticipated needs of the municipality. The preparatory land-use plan may exclude spaces and representations of other kinds, provided that the basic intention to be represented in accordance with sentence 1 is not affected, and the municipality intends to produce this representation at some later date; the grounds for this exclusion are to be included in the explanatory report.
(2) The preparatory land-use plan may in particular show:
1. the areas designated for development according to general land-use types (general land-use areas [Bauflächen]), according to specific land-use types [Baugebiete] and according to the general level of built development; building land for which no central sewerage provisions have been made should be marked;
2. the existence within the municipal area of facilities and infrastructure for public and private provision of goods and services, in particular buildings and amenities serving the community and institutions for public needs, and in addition schools and churches and any other buildings or amenities which serve church-related, social, health-care and cultural purposes, and sports areas and playgrounds;
3. spaces for supra-local transport and the main local communications routes;
4. spaces for public utility use, for waste and sewage disposal, for tipping and for mains water supply and main sewers;
5. green spaces, such as parks, allotment gardens, sports grounds, playgrounds, campsites and bathing areas, cemeteries;
6. spaces to which use restrictions apply, or for protective measures against harmful environmental effects within the meaning of the Federal Control of Pollution Act [Bundes-Immissionsschutzgesetz];
7. water bodies, docks and areas of water designated for supply and distribution purposes, and spaces to be kept clear in the interests of flood control and to control drainage;
8. spaces for earth deposits, excavation and for quarrying for stone, earth and other minerals;
9. a) agricultural land and
b) woodland;
10. spaces for measures for the protection, preservation and development of topsoil, of the natural environment and of the landscape.
(2a) Spaces for counterbalancing measures within the meaning of Section 1a para. 3 within the territory covered by a preparatory land-use plan may be assigned either wholly or in part to those areas in which intrusion harmful to nature and to the landscape is to be expected.
(3) The preparatory land-use plan shall mark:
1. spaces which, when built upon, will require special physical provisions to counter external forces, or for which special physical safeguarding measures are required as protection against the elements;
2. spaces which have mining below the surface, or which have been designated for the extraction of minerals;
3. spaces designated for building where the ground has been severely contaminated by hazardous materials.
(4) Any plans or other arrangements for use which have been determined under other statutory provisions, and any assemblies of physical structures protected as monuments under federal state law [Landesrecht] are to be included as a matter of course. Where designations of this kind are in prospect, these shall be noted in the preparatory land-use plan.
(5) The preparatory land-use plan shall be accompanied by an explanatory statement.
(1) The preparatory land-use plan requires the approval of the higher administrative authority [höhere Verwaltungsbehörde].
(2) Approval may only be denied where the preparatory land-use plan has not been produced in a proper manner, or where it contravenes this Act or legal provisions issued on the basis of this Act, or any other relevant legal ordinances.
(3) Where the grounds for denying approval cannot be removed, the higher administrative authority may exclude physical areas or substantive parts of the preparatory land-use plan from its approval.
(4) Adjudication on approval must be made within a period of three months; the higher administrative authority may approve of particular physical areas or substantive parts of the preparatory land-use plan in advance of the overall outcome. Where important grounds exist, the time-limit may be extended by the appropriate higher authority on application by the authority responsible for approval, as a rule, however, by no more than three months. The municipality is to be notified of such an extension. Approval is regarded as having been granted if, within the specified time-limit, it has not been refused and grounds stated for this refusal.
(5) Public notice is to be issued of approval having been granted in the manner customary. The preparatory land-use plan becomes effective from the time of public notice being issued of its approval. The preparatory land-use plan and the explanatory statement are to be made available to the general public for inspection, and information is to be provided on request regarding their contents.
(6) Following a decision to amend or supplement the preparatory land-use plan, the municipality may also decide to issue new public notice of the amended or supplemented version of the preparatory land-use plan.
Public bodies charged with planning tasks and involved under Section 4 and Section 13 must adapt their planning proposals to the preparatory land-use plan to the extent that they have not objected to this plan. Any objection must be lodged prior to adoption by the municipality. Where a change in circumstances requires a deviation from the planning proposal, these bodies must make immediate contact with the municipality. Where it is not possible for the body charged with planning and the municipality to reach an agreement, the planning body may object retrospectively. An objection is only permissible where the concerns cited as justification for a deviation from the planning proposal do not merely slightly outweigh the concerns of urban planning arising from the preparatory land-use plan. In cases where deviation from a planning proposal arises, Section 37 para. 3 applies mutatis mutandis in respect of expenditure and costs ensuing from the amendment or supplement to the preparatory land-use plan, or to a binding land-use plan which has been developed from a preparatory land-use plan and has had to be amended, supplemented or revoked; nothing here shall affect Section 38 sentence 3.
(1) The binding land-use plan contains the legally-binding designations for urban development. It forms the basis for further measures required for the implementation of this Act.
(2) Binding land-use plans are to be developed out of the preparatory land-use plan. A preparatory land-use plan is not required in cases where a binding land-use plan is sufficient to organise urban development.
(3) Preparation, amending, supplementation and revocation of a binding land-use plan may take place simultaneously with the preparation, amending, supplementation and revocation of a preparatory land-use plan (parallel procedure). Public advertising of the legally binding land-use plan may take place in advance of the preparatory land-use plan being adopted where it can be assumed from the current state of planning that the binding land-use plan will be developed from the representations to be contained within the preparatory land-use plan when it is completed.
(4) A binding land-use plan may be prepared , amended, supplemented or revoked prior to the completion of the preparatory land-use plan where urgent grounds for this exist, or where the binding land-use plan will not be in conflict with proposed urban development within the territory of the municipality (anticipatory binding land-use plan). Where a preparatory land-use plan remains in force following territorial or substantive changes to a municipality, or following other changes affecting responsibility for the preparation of preparatory land-use plans, an advanced binding land-use plan may be produced before the preparatory land-use plan has been supplemented or amended.
(1) The legally binding land-use plan may on urban-planning grounds make designations regarding:
1. the type and degree of building and land use;
2. the coverage type, plot areas which may or may not be built on and the location of physical structures;
3. minimum dimensions for the size, width and depth of building plots, and also maximum dimensions for residential plots in the interests of economical and considerate exploitation of land;
4. spaces for secondary structures which are required in accordance with other regulations on the use of land, such as play, leisure and recreational areas, and car-parking spaces, garages and drive-ways;
5. spaces for common facilities and for sports and play areas;
6. the highest permitted number of dwellings in residential buildings, where such stipulation is required;
7. spaces which have been wholly or partly set aside for publicly subsidised housing developments;
8. spaces which have been wholly or partly set aside for housing developments for members of the population with special accommodation requirements;
9. special uses for sites;
10. spaces to be kept free from built development, with their use;
11. public thoroughfares including public thoroughfares for specific purposes, such as pedestrian areas, parking spaces for motor vehicles, and links from other spaces to the public thoroughfares;
12. spaces for local public infrastructure;
13. the location and course of public infrastructure installations and transmission routes;
14. spaces for waste disposal and drainage, including rainwater retention and seepage, and for tipping;
15. public and private green spaces, such as parks, allotment gardens, sports grounds and playgrounds, camping sites and bathing areas, cemeteries;
16. water bodies and spaces for water supply and distribution, for installations for flood control and for the control of drainage;
17. spaces for earth deposits, excavation and for quarrying for stone, earth and other minerals;
18. a) agricultural land and
b) woodland;
19. spaces for the construction of facilities for keeping small domestic animals and for exhibiting and breeding, kennels, paddocks, etc.;
20. measures for the protection, conservation and development of topsoil, of the natural environment and of the landscape, where these arrangements cannot be made in pursuance of other regulations, and spaces for measures for the protection, conservation and development of the natural environment and the landscape;
21. spaces to be encumbered with walking and driving rights and rights of passage in favour of the general public, an agency charged with the provision of public infrastructure or a limited group of persons;
22. spaces for community amenities to serve specific spatial areas, such as children's playgrounds, leisure facilities, parking spaces and garages;
23. areas in which, in order to provide protection against harmful environmental impact within the meaning of the Federal Control of Pollution Act, certain materials which give rise to air pollution may not be used, or used only within defined limits;
24. protected areas to be kept free from development with their uses, spaces for specific installations and measures to provide protection against harmful environmental impact within the meaning of the Federal Control of Pollution Act, and the provisions to be made, including building and other technical measures, to provide protection against such impact or to prevent or reduce such impact;
25. in respect of individual spaces or of areas covered by a binding land-use plan or parts thereof, and of parts of physical structures, excluding spaces given over to agricultural use or for woodland
a) planting of trees, shrubs and greenery of any other kind,
b) obligations relating to planting and to the preservation of trees, shrubs and greenery of any other kind and of water bodies;
26. spaces for mounds, cuttings and retaining walls, where these are required for road construction.
(1a) Spaces or measures intended to provide counterbalances within the meaning of Section 1a para. 3 may be designated on those plots on which intrusion harmful to nature and to the landscape is to be expected or at some other location either within the territory covered by the binding land-use plan in question or within the plan area of another binding land-use plan. Spaces or measures intended to provide a counterbalance at some other location may be assigned either wholly or in part to those areas in which intrusion harmful to nature and to the landscape is to be expected; this holds equally in the case of measures on land made available by the municipality.
(2) Designations under para. 1 may contain stipulations regarding altitude.
(3) Designations in accordance with para. 1 may be made separately for superimposed storeys and levels within a building and for other sections of buildings; this also applies in cases where the storeys, levels and other sections of buildings are proposed for construction below ground level.
(4) Federal states may rule to allow regulations based on federal state law to be included in the binding land-use plan as designations, and may determine to what extent the provisions of this Act shall apply to these designations.
(5) The binding land-use plan shall indicate:
1. spaces which, on development, will require special physical provisions to counter external forces, or for which special physical safeguarding measures are required as protection against the elements;
2. spaces which have mining below the surface, or which have been designated for the extraction of minerals;
3. spaces where the ground has been severely contaminated by hazardous materials.
(6) Designations made in accordance with other statutory regulations, and monuments as defined in federal state law [Landesrecht] shall be included in the binding land-use plan as a matter of record to the extent that this is deemed necessary or expedient with regard to its comprehensibility or for assessing planning applications from the point of view of urban development.
(7) The binding land-use plan defines the limits of its territorial validity.
(8) The binding land-use plan shall be accompanied by a statement of grounds for its adoption. This shall set out the aims, purposes and most significant effects of the binding land-use plan.
(1) The municipality adopts the binding land-use plan as a statute.
(2) Binding land-use plans pursuant to Section 8 para. 2 second sentence, para. 3 second sentence and para. 4 require the approval of the higher administrative authority. Section 6 paras. 2 and 4 apply mutatis mutandis.
(3) The granting of permission or, where permission is not required, the resolution to adopt a binding land-use plan shall be advertised in the manner customary within the municipality. The binding land-use plan and supporting documentation shall be made available for inspection by the general public; explanations and information on the content shall be supplied on request. The advertisement shall state where the binding land-use plan is available for inspection. The binding land-use plan enters into force on being advertised. Public advertisement replaces other forms of publication required for statutes.
(1) The municipality may enter into urban development contracts. Suitable subjects for urban development contracts include:
1. the preparation and implementation of urban development measures by and at the expense of the contract partner; this shall include reordering plot boundaries, soil remediation and other preparatory measures, and the drawing up of urban development plans; such delegation shall not affect the municipality’s responsibility for the statutory plan adoption procedure;
2. promoting and safeguarding the aims pursued by urban land-use planning, in particular regarding the use of plots, the implementation of counterbalancing measures pursuant to Section 1a para. 3, supplying the housing needs both of groups within society who experience special problems with regard to housing supply and of the local community;
3. the assumption of responsibility for the costs and other expenses which the municipality incurs or has incurred in respect of urban development measures and which are either prerequisites or consequences of the proposed development project; this shall include the provision of building plots.
(2) Contractually agreed obligations must be commensurate with the overall circumstances. It is not permissible for an obligation to be placed upon a contract partner if this contract partner would have a claim to the performance offered in return without the said obligation being placed on him.
(3) An urban development contract must be made in writing unless regulations exist to prescribe some other form.
(4) Nothing here shall affect the admissibility of other urban development contracts.
(1) The municipality may employ a project-based binding land-use plan to determine the admissibility of a development project if on the basis of an implementation plan for the project and the associated infrastructure (the project and infrastructure plan), drawn up in consultation with the municipality, it is evident that the project developer is prepared and in a position to enter into an obligation prior to a resolution to adopt a binding land-use plan pursuant to Section 10 para. 1 committing him to implement the project within a fixed time-limit and to bear either wholly or in part the costs of planning and of the provision of public infrastructure (the implementation contract). Project-based binding land-use plans pursuant to sentence 1 are subject to the additional provisions contained in paras. 2 to 6.
(2) The municipality shall exercise due discretion in coming to a decision on the initiation of a procedure to adopt a binding land-use plan following an application from the project developer.
(3) The project and infrastructure plan becomes an integral part of the project-based binding land-use plan. Within the territory covered by a project and infrastructure plan the municipality is not bound in the decisions it takes on the admissibility of projects by designations made pursuant to section 9 or by the ordinance issued on the basis of Section 2 para. 5; Sections 14 to 28, 39 to 79 and 127 to 135c have no application. To the extent that a project-based binding land-use plan also contains designations for public purposes pursuant to Section 9 within the territory covered by the project and infrastructure plan, expropriation may take place in accordance with Section 85 para. 1 no. 1.
(4) Individual spaces outside the territory covered by the project and infrastructure plan may be incorporated into the project-based binding land-use plan.
(5) The approval of the municipality is required for any change of developer. Approval may only be denied when there are factual grounds to justify the belief that such a change would jeopardise implementation of the project and infrastructure plan within the time-limit stipulated under para. 1.
(6) In the case of the project and infrastructure plan not being implemented within the time-limit stipulated under para. 1, the municipality shall revoke the binding land-use plan. Revocation of the binding land-use plan may not be advanced by the developer as grounds for establishing a claim against the municipality. The simplified procedure provided in Section 13 may be applied in the case of revocation.
Where modifications or additions to an urban land-use do not affect the basic principles of the plan, it is permissible
1. to dispense with the requirement to provide information and to enter into discussion pursuant to Section 3 para. 1 sentence 1,
2. to provide aggrieved citizens with the opportunity to comment within an appropriate period, or alternatively to make use of the public display procedure as provided under Section 3 para. 2,
3. to provide aggrieved public agencies with the opportunity to comment within an appropriate period, or alternatively to make use of the participation procedure as provided under Section 4.
(1) Once the decision has been taken to prepare a binding land-use plan, the municipality may opt to add a development freeze in order to safeguard the planning for the area to be covered by the proposed plan. This development freeze may stipulate that
1. development projects within the meaning of Section 29 may not be implemented, or that physical structures may not be removed;
2. no major or fundamental changes of a kind which would result in an increase in value may be made to such plots and physical structures in respect of which changes do not require approval, permission or notification.
(2) In cases where there is no overriding conflicting public interest, exceptions to the development freeze may be permitted. Decisions on exceptions are to be taken by the building permit authority [Baugenehmigungsbehörde] in accord with the municipality.
(3) Not affected by the development freeze are developments for which building permission has been granted prior to the development freeze becoming operative, or which are permitted by virtue of some other procedure under building law, maintenance work and the continuation of a use exercised up until such time as the development freeze came into force.
(4) In the case of proposed developments within formally designated redevelopment areas and requiring permission in accordance with Section 144 para. 1, the regulations regarding the development freeze do not apply.
(1) Where a development freeze in accordance with Section 14 has not been adopted, although the conditions required are met, or in cases where a development freeze has been adopted but has not yet come into force, the building permit authority must at the request of the municipality defer its decisions on the legitimacy of individual planning proposals for a period of up to twelve months, if there is reason to fear that going ahead with the development would prohibit or seriously impede the implementation of the land-use plan. Where no procedure to consider an application for building permission is carried out, upon the application of the municipality an interim prohibition shall be pronounced within a period stipulated under state law in place of the postponement of the decision on legitimacy. An interim prohibition is equivalent in standing to the postponement referred to in sentence 1.
(2) In the case of proposed developments within formally designated redevelopment areas and requiring permission in accordance with Section 144 para. 1, the regulations regarding the postponing of planning applications do not apply; on the formal designation of the redevelopment area, notification of the postponing of a building application in accordance with para. 1 is rendered inoperative.
(1) The development freeze is adopted by the municipality as a statute.
(2) The municipality shall make public notice of the development freeze in its customary manner. It may announce publicly that a development freeze has been imposed; Section 10 para. 3 sentences 2 to 5 applies mutatis mutandis.
(1) The development freeze ceases to be valid after a period of two years. The two-year period of validity is to include any time which elapses from the serving of the first notice of postponement of a building application under Section 15 para. 1. The municipality may extend the period of validity by one year.
(2) Where special circumstances require, and with the approval of the competent authority under federal state law [Landesrecht], the municipality may grant a further extension of up to one year.
(3) With the approval of the higher administrative authority the municipality may resolve to renew a lapsed development freeze, either in its entirety or in part, provided that the conditions required for it to be imposed continue to exist.
(4) The development freeze is to be put out of force prior to expiration, either in its entirety or in part, as soon as the conditions required for it to be issued cease to exist.
(5) The development freeze ceases in any case to be valid as soon as and to the extent that the land-use plan has been finalised and is legally binding.
(6) On the formal designation of the redevelopment area an existing development freeze ceases to be valid under Section 14. This does not apply where permit requirement is excluded in the redevelopment statute under Section 144 para. 1.
(1) Where a development freeze remains in force for a period of more that four years beyond the date originally set for expiration, or from the first postponement of an application for building permission under Section 15 para. 1, aggrieved parties are to be paid financial compensation of an appropriate amount in consideration of property loss which has been incurred as a consequence of this. Regulations governing compensation contained in Subdivision Two of Part Five and Section 121 apply mutatis mutandis; compensation is to be based on the plot value [Grundstückswert] in respect of which compensation would be due under the regulations contained in Subdivision Two of Part Three.
(2) The obligation to provide compensation rests with the municipality. The party entitled to compensation may demand compensation if the property loss referred to in para. 1 sentence 1 has actually ensued. This party may stake a claim to compensation being due for payment by applying in writing for payment of compensation to the party liable to provide compensation. Where the parties involved are unable to agree on compensation, adjudication is to be made by the higher administrative authority. Notification of the level of compensation set is governed by Section 122 as appropriate.
(3) In respect of the expiry of a claim for compensation Section 44 para. 4 applies provided that, in the case of a development freeze intended to safeguard a designation under Section 40 para. 1 or Section 41 para. 1, the period of validity commences at the earliest on the coming into force of the legally binding land-use plan. Public notice under Section 16 para. 2 is to draw attention to the provisions of para. 2 sentences 2 and 3.
(1) The municipality may adopt a resolution to determine in respect of the territory covered by a binding land-use plan within the meaning of Section 30 paras. 1 and 3 that permission shall be required for the subdivision of a plot to be rendered effective. The municipality shall advertise this statute in the customary manner. It may also undertake public advertisement of the statute by applying Section 10 para. 3 sentences 2 to 5 as applicable.
(2) Subdivision requires the declaration submitted or otherwise communicated by a property owner to the land registry office to the effect that a portion of a plot is to be removed from the register in accordance with the Land Registration Code and entered either as a separate plot or in combination with other plots or with portions of other plots.
(3) Permission is granted by the municipality. A decision on the granting of permission is to be made within one month of the submission of the application to the municipality. Where it is not possible to complete the examination of an application within the time allowed, this period is to be extended before it expires by the amount of time required to complete examination and the applicant is to be informed accordingly by means of an interlocutory notice. The extension to the time-limit referred to in sentence 2 may not be of more than three months. Permission is to be regarded as having been granted where no refusal has been issued within the period stated.
(4) Subdivision does not require permission where
1. it takes place within expropriation proceedings or proceedings for the reorganisation of land holdings in accordance with this Act or any other regulations under federal or federal state law , or for an undertaking for which expropriation has been declared permissible or as part of an acquisition procedure based on the Mining Code,
2. it is to be undertaken within a formally designated redevelopment area or in an urban development zone and a permit requirement under Section 144 para. 1 is not excluded in the redevelopment statute;
3. the federal government [Bund], a federal state [Land], a municipality or a municipalities association is involved as purchaser, property owner or administrative authority,
4. a public agency, institution or foundation of an exclusively religious, scientific, charitable or non-profit nature, a religious organisation which has been granted the rights of a corporation under public law or a legally competent institution, foundation or association of persons serving the purposes of such a religious organisation is involved as purchaser or property owner, or
5. for the purposes of constructing public utilities infrastructure for electricity, gas, heat or water supply or for sewage management.
Section 191 remains unaffected.
(5) In respect of the territory or sections of the territory of their state, state governments may stipulate by means of legal ordinance that a municipality may not adopt a resolution pursuant to Section 1.
(1) Permission is to be refused where subdivision or the use intended subsequent to subdivision would not be compatible with the designations contained within the binding land-use plan.
(2) Where subdivision of a plot does not require permission under Section 19, or where permission is deemed to have been granted, upon the application of an interested party the municipality shall issue a certificate to this effect. The land registry shall not make an entry in the land register until such time as the permission or the certificate has been presented.
(3) In the case of an entry having been made in the land register in respect of a sub-division undertaken without permission, the municipality may, if permission was required, request that the land registry should enter an objection; Section 53 para. 1 of the Land Registry Act remains unaffected.
(4) An objection entered pursuant to para. 3 shall be expunged at the request of the municipality or on the granting of permission.
(1) Municipalities which are strongly characterised by their function as centres of tourism may determine in a binding land-use plan or by means of some other statute that in the interests of safeguarding the functions of areas serving tourism permission shall be required for the establishment or subdivision of ownership of residential apartments or of property in part-ownership (Section 1 of the Condominium Act [Wohnungseigentumsgesetz]). This applies mutatis mutandis in respect of the rights contained in Sections 30 and 31 of the Condominium Act. The precondition for this provision is that the establishing or division of rights would have a detrimental effect on the current or proposed use of the area for tourism, and consequently on ordered urban development. A tourism function is to be assumed to exist in particular in the case of an areas designated in the binding land-use plan as spa areas, areas providing tourist accommodation, locations for weekend and holiday homes, and in the case of those built-up areas which are similar in nature to such areas, and in the case of other areas serving tourism functions and characterised by the presence of commercial providers of accommodation and residential buildings offering accommodation to visitors.
(2) The municipality shall issue public notice in the customary manner of the statute and of the conducting of the notification procedure. It may issue public notice in accordance with the applicable provisions of Section 10 para. 3 sentences 2 to 5.
(3) Permission is not required where
1. the application for registration has been received by the land registry office prior to the reserved right to require building permission becoming effective, and, where a reserved right to require building permission has become effective before the termination of a period of postponement in accordance with para. 6 sentence 3, prior to public notice of the resolution under para. 6 sentence 3, or
2. where prior to the coming into force of the reserved right to require building permission a certificate has been issued to the effect that permission is not required.
(4) Permission may only be refused where the establishing or division of rights would have a detrimental effect on the current or proposed use of the area for tourism, and consequently on planned urban development. Permission is to be granted in cases where it is required in order for claims made by third parties to be met, and where such claims have been safeguarded by the entry of a note in the land register or in respect of which an application for the entering of such a note has been received prior to the time which would be applicable in the case of para. 3 no. 1; permission may be sought by the third party. Permission may be granted to prevent any economic disadvantage which, for the property owner would represent undue hardship.
(5) The decision on the granting of permission is taken by the building permit authority in accord with the municipality. Section 19 para. 3 sentences 3 to 7 applies mutatis mutandis. This accord is deemed to have been given if it is not explicitly denied within a period of two months of the application being received by the authority responsible for granting permission; a request directed to the municipality is equivalent in status to the lodging of an application with the municipality where the latter is prescribed under state law.
(6) In the case of land located within the area affected by a binding land-use plan or any other statute issued pursuant to para. 1, the land registry office may only perform the entries in the land register referred to in para. 1 on presentation of a permit or of a certificate stating that permission is to be regarded as having been granted or is not required. Section 20 paras. 2 to 4 applies mutatis mutandis. Once a resolution has been adopted to prepare a binding land-use plan or other statute in accordance with para. 1, and public notice of this resolution has been issued in the customary manner, the building permit authority shall, at the request of the municipality, postpone the issuing of a certificate to state that permission is not required for a period of up to 12 months if there is reason to fear that the purpose of providing a safeguard by allowing a reserved right to require building permission might be seriously impeded or prohibited by such an entry.
(7) Where permission is refused, the property owner may demand that ownership of the property be transferred to the municipality under the conditions contained in Section 40 para. 2. Section 43 paras. 1, 4 and 5 and Section 44 paras. 3 and 4 apply mutatis mutandis.
(8) The municipality shall withdraw its reserved right to require building permission, or by means of a declaration to the property owner allow individual exemptions to the reserved right to require building permission, should the conditions for issuing the reserved right to require building permission no longer prevail.
(9) In the other statute provided for in para. 1, and in addition to specifying a reserved right to require building permission, stipulation may be made as to the maximum permitted number of dwellings in residential buildings in accordance with Section 9 para. 1 no. 6. Prior to a stipulation in accordance with sentence 1, those members of the public who are aggrieved, and public agencies which are affected, are to be given the opportunity to make representations within an appropriate time-limit.
(10) The other statute provided for in para. 1 is to be accompanied by an explanatory statement. The explanatory statement to accompany the binding land-use plan (Section 9 para. 8) or the other statute shall demonstrate that the necessary conditions for designating the area contained in para. 1 sentence 3 are indeed met.
(1) The municipality is entitled to exercise a pre-emption right in respect of the purchase of property
1. within the area designated by the legally binding land-use plan to the extent that the spaces concerned are spaces which have been designated in the binding land-use plan for public use or as spaces or measures for counterbalancing or replacement purposes pursuant to Section 1a para. 3,
2. in a land reallocation area,
3. in a formally designated redevelopment area and an urban development zone,
4. within the territory for which a preservation statute is valid,
5. within the areas covered by a preparatory land-use plan to the extent that the land concerned is not developed and is situated in outlying areas not covered by a binding land-use plan and has been earmarked in the preparatory land-use plan for use as housing land or as a residential area,
6. in areas which under Sections 30, 33 or 34 para. 2 may be used predominantly for housing construction, where these plots have not already been developed.
In cases covered by no. 1, the pre-emption right may be exercised prior to public display if the municipality has resolved to adopt, to amend or to supplement a binding land-use plan. In those cases covered by no. 5, the pre-emption right may be exercised as soon as the municipality has resolved to adopt, to amend or to supplement a preparatory land-use plan, and this has been advertised in the manner customary in the municipality, and the current state of planning provides reason to believe that the future preparatory land-use plan will contain a representation for such a use.
(2) Pre-emption is not available to the municipality for the purchase of rights within the meaning of the Condominium Act [Wohnungseigentumsgesetz] or of building leases.
(3) The pre-emption right may only be exercised where this is justified by being to the general good. In exercising the pre-emption right the municipality shall indicate the use proposed for the site.
(1) The municipality may
1. assert by statute its pre-emption right in respect of undeveloped land within the area covered by a binding land-use plan;
2. in the case of areas for which urban development measures are being considered, and in order to safeguard planned urban development, designate by statute such spaces in respect of which it may exercise a right of pre-emption.
This statute is subject to Section 16 para. 2 as appropriate.
(2) Section 24 paras. 2 and 3 sentence 1 applies. The use proposed for the land shall be stated where this is possible at the time when pre-emption is exercised.
The right of pre-emption may not be exercised where
1. the owner sells the property to a spouse or to a person related to the owner either by blood or by marriage within the third degree,
2. the property
a) is being purchased by a public agency for purposes of national defence, protecting the federal borders, customs administration, policing or civil defence, or
b) is being purchased by churches or religious organisations under public law for the purposes of worship and pastoral care,
3. there are plans to undertake a development scheme on the land for which one of the proceedings listed in Section 38 has been initiated or conducted, or
4. the development on the land and its use are in keeping with the designations contained in the binding land-use plan or with the aims and intentions of the urban development measure, and a physical structure erected on the plot reveals no deficits or defects within the meaning of Section 177 paras. 2 and 3 sentence 1.
(1) The purchaser may forestall the exercising of a pre-emption right where the use for the land has been determined, or can with sufficient surety be determined, in accordance with the building regulations or the aims and purposes of the urban development measure, and the purchaser is in the position to use the land accordingly within an appropriate period, and the purchaser makes an undertaking to this effect prior to the termination of the period stated in Section 28 para. 2 sentence 1. Where a physical structure erected on the land reveals deficits or defects within the meaning of Section 177 paras. 2 and 3 sentence 1, the purchaser may forestall the exercising of the pre-emption right if the purchaser is able to remove these deficits and defects within an appropriate period, and undertakes to do so prior to the termination of the period stated in Section 28 para. 2 sentence 1. At the request of the purchaser the municipality shall extend the period stated in Section 28 para. 2 sentence 1 by two months, if the purchaser is able to demonstrate prior to the termination of this period that he is in a position to meet the conditions required under sentence 1 or 2.
(2) A right to forestall does not exist
1. in cases covered by Section 24 para. 1 sentence 1 no. 1, and
2. in a reallocation area if the land is required for purposes of reallocation (Section 45).
(1) The municipality may
1. exercise the pre-emption right due to it in favour of a third party where the plot to be acquired through the exercise of the pre-emption right is to be used for social housing or for housing construction for groups within society with special housing needs, and the third party is in the position and undertakes to develop the plot accordingly within an appropriate period of time, or
2. exercise the pre-emption right accorded to it under Section 24 sentence. 1 no. 1 in favour of a public agency or utility and the pre-emption right accorded to it under Section 24 sentence. 1 no. 3 in favour of a redevelopment or development agency if this agency, utility or developer is in agreement.
In those cases covered by no. 1 the municipality in exercising the pre-emption right in favour of a third party shall indicate the time-scale within which the plot is to be developed for the designated purpose.
(2) The contract of sale between the beneficiary and the vendor takes effect with the exercising of the pre-emption right. The municipality is jointly and severally liable with the beneficiary in respect of obligations arising from the contract of sale.
(3) The amount to be paid by the beneficiary and the associated procedure shall be subject to Section 28 paras. 2 to 4 as applicable. In the case of a beneficiary failing to meet his obligations under para. 1 sentence 1 no. 1 and sentence 2, the municipality shall require that title to the property shall pass to the municipality in application of Section 102 or be assigned in favour of a party who is willing, able and undertakes to implement the development measures within an appropriate period. Compensation and the procedure to be followed shall be subject to the provisions of Part Five on re-expropriation as applicable. Nothing here shall affect the liability resting with the municipality under Section 28 para. 3 sentence 7.
(1) The vendor is obliged to inform the municipality without delay of the contents of the contract of sale; the vendor is released from this obligation where such information has been provided by the purchaser. On the presentation of contracts of sale, the land registry office may only enter the purchaser in the land register as the owner of the title if it is provided with evidence that a pre-emption right is not to be exercised or does not exist. Where a pre-emption right does not exist or is not to be exercised, the municipality shall at the request of a party involved issue a certificate to this effect without delay. The certificate is to be regarded as a waiver of the right to exercise pre-emption.
(2) The pre-emption right may only be exercised by means of an administrative act towards the vendor within a period of two months of details of the contents of the contract of sale being received. Sections 504, 505 para. 2, 506 to 509 and 512 of the German Civil Law Code [Bürgerliches Gesetzbuch] apply. Following communication of the contents of the contract of sale, and at the request of the municipality, a priority note is to be entered in the land register in order to safeguard the municipality's claim to transference of the title to the property; the costs for the entry and removal of this note are to be borne by the municipality. The pre-emption right is not transferable. With the purchase of a property through exercise of the pre-emption right, all contractual pre-emption rights expire. Where subsequent to the exercising of a pre-emption right a municipality is entered in the land register as the property owner, it may request that the land registry office remove a note entered in the register for the purpose of safeguarding the purchaser's right to transference of title; it may only make this request where the exercising of the pre-emption right is indefeasible for the purchaser.
(3) Notwithstanding para. 2 sentence 2, the municipality may set the amount to be paid by reference to the standardised market value (Section 194) at the time of sale if the selling price agreed upon evidently exceeds the standardised market value by a significant amount. In this case the vendor is entitled to withdraw from the contract within a period of one month of the administrative act to exercise the pre-emption right becoming indefeasible. The right of withdrawal from the contract is subject to the application of Sections 346 to 354 and 356 of the German Civil Code as applicable. Where the vendor withdraws from the contract, the municipality shall bear the contract costs calculated on the basis of the standardised market value. Where the vendor does not withdraw from the contract, the duty upon the vendor to cede title to the property to the municipality imposed in the contract becomes null and void on expiry of the time-limit for withdrawal pursuant to sentence 2. In this case title to the property shall pass to the municipality once transfer of the title to the property has been entered in the land register upon application of the municipality. Should the municipality fail to put the property to use within an appropriate period of time for the purpose for which the pre-emption right was exercised, it shall pay to the vendor an amount of money equivalent to the difference between the agreed selling price and the standardised market value. Section 44 para. 3 sentences 2 and 3, Section 43 para. 2 sentence 1 and Sections 121 and 122 apply mutatis mutandis.
(4) In those cases covered by Section 24 para. 1 sentence 1 no. 1 the municipality shall set the amount to be paid in accordance with the provisions contained in Subdivision Two of Part Five if purchase of the property is required for the implementation of the binding land-use plan and the property would be subject to expropriation to achieve the designated use. With the notification of the exercising of the pre-emption right becoming indefeasible, the duty to transfer title to the property to the municipality imposed on the vendor within the contract of sale becomes null and void. In this case title to the property passes to the municipality once transmission of the title to the property has been entered in the land register
(5) The municipality may waive the exercising of the rights to which it is entitled under this Subdivision, either for the entire territory covered by the municipality or for all of the plots within a local subdistrict. It may at any time revoke this waiver in respect of contracts of sale to be entered into in the future. Public notice is to be made of the waiver and revocation of the waiver in the customary manner. The municipality shall inform the land registry office of the wording of its declaration. Where a municipality has waived the exercising of its rights, a certificate is required under para. 1 sentence 3 should a revocation not have been issued.
(6) Where the municipality has exercised its pre-emption right and this has resulted in property loss to a third party, the municipality shall pay compensation to the extent that the third party had a contractual right to purchase the property prior to the municipality's statutory pre-emption right being established on the basis of this Act or of any federal state regulations cancelled by Section 186 of the Federal Building Act [Bundesbaugesetz]. The regulations on compensation contained in Subdivision Two of Part Five apply mutatis mutandis. Where the parties involved are unable to agree on compensation, adjudication is to be made by the higher administrative authority.
(1) In respect of development projects which involve the erection, alteration or change of use of physical structures, and for large-scale dumping and excavation, the sinking of shafts, deposits including natural mineral deposits, Sections 30 to 37 apply.
(2) The provisions of federal state building orders and other regulations under public law shall remain unaffected.
(3) Where the conservation aims and the purpose of protection for areas of Community importance and of European bird sanctuaries within the meaning of the Federal Nature Conservation Act may be seriously impaired by development projects permitted under Section 34, the provisions of the Federal Nature Conservation Act on the permissibility or execution of such intrusions and the requirement to obtain an opinion from the Commission shall be applied (assessment according to the Flora-Fauna-Habitat Directive).
(1) Within the area covered by a binding land-use plan which, either in isolation or jointly with other building regulations, contains as a minimum designations on the type and extent of use for building, the land on which built development may take place and spaces dedicated as public thoroughfares, a development project is permissible where it does not contravene these designations and the provision of local public infrastructure has been secured.
(2) Within the area covered by a binding land-use plan adopted for the purpose of facilitating a development project pursuant to Section 12, a development project is permissible if it is not in conflict with the binding land-use plan and the provision of required infrastructure can be guaranteed.
(3) Within the area covered by a binding land-use plan which does not meet the requirements of para. 1 (non-qualified binding land-use plan), the permissibility of development projects is determined in other respects by Section 34 or Section 35.
(1) Exceptions to the designations contained in a binding land-use plan may be permitted where explicit provision is made for such dispensations in the binding land-use plan in respect of type and scale.
(2) A dispensation from the designations contained in the binding land-use plan may be granted in individual cases where the basic intention underlying the plan are not affected, and
1. a dispensation is required for the public good, or
2. a deviation is justifiable in the interests of urban development, or
3. implementation of the binding land-use plan would result in evidently unintended hardship
and where, after taking due account of the interests of neighbours, deviation is compatible with public interests.
Where developed areas are designated in the binding land-use plan as land for public facilities, as spaces for transport infrastructure or utilities infrastructure or as green spaces, any development projects for these areas which would result in changes to physical structures, and thus the creation of added value, may only be permitted, and dispensations from the designations of the binding land-use plan only granted for them, with the approval of the public agency or the provider of public infrastructure, or if the owner of the property renounces in writing any claim, on behalf or himself and any heirs at law, to reparation for any rise in value should the binding land-use plan be implemented. This applies equally in respect of those parts of a physical structure which do not contravene the binding land-use plan and which are not capable of being put to economic use in isolation, or where in the course of expropriation transfer of ownership of the remaining developed areas may be demanded.
(1) In areas in respect of which a resolution to prepare a binding land-use plan has been adopted, a development project is permissible if
1. public display has taken place (Section 3 paras. 2 and 3) and the relevant public agencies (Section 4) have been involved,
2. it can be assumed that the development project is not in conflict with the future designations of the binding land-use plan,
3. the applicant recognises these designations in writing both for himself and for any heirs at law, and
4. the provision of local public infrastructure has been secured.
(2) A development project may be permitted prior to public display and the involvement of the relevant public agencies if the conditions stipulated in para. 1 nos. 2 to 4 are fulfilled. Members of the public aggrieved by the proposal and interested public agencies shall be given the opportunity to make representations within an appropriate period before permission can be granted to the extent that they have not previously had the opportunity to do so.
(1) Within built-up areas a development project is only permissible where, in terms of the type and scale of use for building, the coverage type and the plot area to be built on, the building proposal blends with the characteristic features of its immediate environment and the provision of local public infrastructure has been secured. The requirements of healthy living and working conditions must be satisfied; the overall appearance of the locality may not be impaired.
(2) Where the characteristic features of the immediate environment correspond to one of the specific land-use areas contained in the legal ordinance issued in pursuance of Section 2 para. 5, the permissibility of the development project is determined solely with reference to type and to whether it would in general be permissible under the ordinance within the specific land-use area; in respect of building developments permitted under the ordinance as exceptional cases Section 31 para. 1 applies, in other cases Section 31 para. 2 applies mutatis mutandis.
(3) (repealed)
(4) The municipality may by statute
1. designate the boundaries of built-up areas,
2. designate built-up spaces in the undesignated outlying areas as built-up areas where these spaces are represented as general land-use areas in the preparatory land-use plan,
3. incorporate individual plots located in the undesignated outlying area within sections of the municipality which have been developed cohesively when the nature of plots to be incorporated has been significantly affected by the built development in the adjoining area.
Statutes may be conjoined. Statutes pursuant to sentence 1 nos. 2 and 3 must be compatible with planned urban development; they may contain individual pursuant to Section 9 paras. 1, 2 and 4. Section 6 applies mutatis mutandis. Statutes adopted pursuant to sentence 1 no. 3 are subject to supplementation by the appropriate application of Sections 1 a and 9 paras. 1 a and 9.
(5) In the course of preparing and adopting statutes under para. 4 sentence 1 nos. 2 and 3 the simplified procedure provided under Section 13 nos. 2 and 3 shall be employed as applicable. A statute framed under para. 4 sentence 1 no. 3 requires the approval of the higher administrative authority; Section 6 paras. 2 and 4 applies mutatis mutandis. This is not the case where a statute framed under para. 4 sentence 1 no. 3 has been developed out of the preparatory land-use plan. Statutes framed under para. 4 sentence 1 nos. 1 to 3 are subject to the provisions of Section 10 para. 3 as applicable.
(1) A development project in the undesignated outlying area is only permissible where there are no conflicting public interests, ample public infrastructure provision can be guaranteed and where
1. it serves agricultural or forestry activities and occupies only a minor proportion of the total plot,
2. it is for market-gardening purposes,
3. it is for the purposes of the public supply of electricity, gas, telecommunications services, heat and water or for sewerage, or it serves a commercial operation which is only possible at this location,
4. it is only to be carried out in the outlying area because of the specific demands it makes on its surroundings, its harmful effect on its surroundings or because of its special function,
5. it is intended for research and development into, or the use of, nuclear energy for peaceful purposes or for the treatment of radioactive waste, or
6. it is intended for research, development or use of wind or water-powered energy sources.
(2) Other development projects may be permitted as exceptional cases provided that their execution and use do not conflict with any public interests and public infrastructure provision can be guaranteed.
(3) A conflict with public interests exists in particular where the development project
1. contravenes the representations in the preparatory land-use plan,
2. contravenes the representations of a landscape plan or of some other sectoral plan based in particular on water, waste or pollution-control law,
3. may give rise to or is exposed to harmful environmental impact,
4. requires an inappropriate level of expenditure for roads and other traffic requirements, public utilities installations, including waste treatment, for the safeguarding of health and for any other requirements,
5. is in conflict with the interests of nature conservation, the preservation of the countryside, the protection of top-soil and of sites of historic interest, or detracts from the natural character of the landscape or from its function as an area for recreation, or mars the overall appearance of the locality or of the landscape
6. hampers measures to improve agricultural structure or represents a danger to water supply and distribution,
7. provides reason to suppose that it may lead to the creation, consolidation or expansion of a splinter settlement.
Space-consuming developments in accordance with paras. 1 and 2 may not be in conflict with the aims of comprehensive regional planning; public interests do not stand in the way of space-consuming developments in accordance with paras. 1 and 2, provided that the various interests have been duly weighed as aims of comprehensive regional planning in plans within the meaning of Sections 8 and 9 of the Federal Regional Planning Act [Raumordnungsgesetz] during the presentation of these development projects. In general public interests are deemed to be in conflict with a development project pursuant to para. 1 nos. 2 to 6 even where it has been designated for some other location by means of representations in a preparatory land-use plan or within aims of regional development.
(4) In the case of the following development projects of other types within the meaning of para. 2, it cannot be objected that they are in conflict with the representations of a preparatory land-use plan or a landscape plan, detract from the natural character of the landscape or provide reason to suppose that they may lead to the creation, consolidation or expansion of a splinter settlement to the extent that they are otherwise compatible with the undesignated outlying area within the sense of para. 3:
1. change to a previous use of a building within the sense of para. 1 no. 1 under the following conditions:
a) the development project is in the interests of an appropriate use of building stock which is worthy of preservation,
b) there is no significant change to the external appearance of the building,
c) the previous use was abandoned no more than seven years previously,
d) the building was erected with all required permissions prior to August 27th 1996,
e) the building is physically or functionally linked to the operational base of an agricultural or forestry operation,
f) in the case of a change to residential use a maximum of three dwellings per operational base are created in addition to those permitted under para. 1 no. 1,
g) an obligation is assumed not to undertake any new development for the purpose of replacing the abandoned use, unless new development is in the interests of developing the commercial activities within the sense of para. 1 no. 1.
2. the rebuilding of a permitted residential building, of the same type and in the same position, under the following conditions:
a) the existing building was erected with all permissions required,
b) the existing building displays deficits or defects,
c) the existing building has been used by the owner for a considerable period of time,
d) there are facts to support the assumption that the new building will be used by the previous owner himself, or by his family; in the case of the previous owner having inherited the building from a previous owner who himself used the building for a considerable period of time, it is sufficient if there are facts to justify the assumption that the building, once rebuilt, will also be for the personal use of the owner or of his family.
3. the earliest possible rebuilding of a permitted building, of the same type and in the same position, where this building has been destroyed by fire, natural phenomena or any other extraordinary circumstances,
4. the alteration or change of use of buildings which contribute significantly to the appearance of the cultural landscape and warrant preservation, even where they have been abandoned, if the development project is for an appropriate use of the buildings and serves to preserve the cultural value,
5. the extension of a residential building to comprise a maximum of two dwellings under the following conditions:
a) the existing building was erected with all permissions required,
b) the extension is appropriate both in scale, with reference to the existing building, and with regard to the requirements of accommodation,
c) where an additional dwelling is to be created, there are facts to justify the assumption that the building will be used by the previous owner or his family,
6. the physical extension of a building with commercial use and erected with permission where the extension is appropriate in scale with reference to the existing building and the business.
In the cases covered by sentence 1 nos. 2 and 3 minor extensions to the new building in comparison with the building which has been demolished or destroyed, and minor deviations from the previous site of the building are permissible.
(5) Development projects permitted under sentences 1 to 4 are to be realised in a manner which makes economical use of land, limiting the amount of land sealed by development to a minimum, and shows due consideration for undesignated land in the outlying area. By means of a public easement permitted under state law or by some other means the authority responsible for granting permission shall ensure compliance with the obligation contained in para. 4 sentence 1 no. 1 letter g. In those cases covered by para. 4 sentence 1 it shall also assure itself that the building or other physical structure subsequent to the realisation of the development will be used only in the manner designated.
(6) In respect of developed sections of the undesignated outlying areas which are not characterised by predominantly agricultural use and which contain a significant amount of residential development, the municipality may adopt a statute to determine that development projects for residential purposes within the meaning of para. 2 cannot be objected to on the grounds of their being in conflict with the representation of the land in a preparatory land-use plan as being for agricultural use of for woodland, or that they provide reason to suppose that they may lead to the creation or consolidation of a splinter settlement. The statute may also be extended in scope to include development projects for the purposes of small-scale workshops and commercial enterprises. The statute may include more detailed provisions to regulate what is to be permitted. The statute must be compatible with ordered urban development. The preparation and adoption of the statute is subject to the simplified procedure provided in Section 13 nos. 2 and 3 as applicable. The statute shall require the approval of the higher administrative authority; Section 6 paras. 2 and 4 and Section 10 para. 3 apply mutatis mutandis. The statute shall not affect the application of para. 4.
(1) Decisions on the permissibility of development projects in accordance with Sections 31 and 33 to 35 are taken within a building control procedure by the building permit authority in accord with the municipality. The accord of the municipality is also required when a decision on permissibility is to be taken within another procedure in accordance with the regulations referred to in sentence 1; this does not apply in the case of development projects of the type referred to in Section 29 para. 1, which are governed by the mining control authority. Where the admissibility of development projects is governed by Section 30 para. 1, the federal states shall ensure that the municipality is able to take a decision on measures to safeguard urban land-use planning under Sections 14 and 15 in good time and prior to implementation of the development project. In those cases covered by Section 35 paras. 2 and 4, the federal state government may stipulate by legal ordinance, either generally or in specific cases, that the approval of the higher administrative authority is required.
(2) The accord of the municipality and the approval of the higher administrative authority may only be withheld for reasons arising from Sections 31, 33, 34 and 35. The accord of the municipality and the approval of the higher administrative authority are to be regarded as having been given if they are not refused within two months of receipt of the application by the building permit authority; a request made by the municipality is equivalent to the submitting of an application to the municipality where this is required under federal state law. The authority competent under state law may permit development where an accord which has been unlawfully withheld.
(1) Where a built development to be carried out by the Federation or by federal states for a specific public purpose requires deviation from the regulations contained in this Act, or from regulations issued on the basis of this Act, or where accord with the municipality under Section 14 of Section 36 has not been achieved, the decision falls to the higher administrative authority.
(2) Where the development project in question is for purposes of national defence, for official purposes in connection with the protection of the federal borders or in the interests of the protection of the civilian population, only the approval of the higher administrative authority is required. Before granting its approval the latter authority shall consult the municipality. Should the higher administrative authority refuse to give its approval, or the municipality raise objections to the proposed development, the decision falls to the appropriate federal minister in accord with the federal ministries involved and after consultation with the relevant Supreme State Authority.
(3) Where as a result of the implementation of measures in accordance with sentences 1 and 2 the municipality finds itself liable for the payment of compensation in accordance with this Act, these payments shall be reimbursed by the agency responsible for the measures. Where as a result of these measures it becomes necessary to prepare, amend, supplement or revoke a legally binding land-use plan, the municipality shall also be reimbursed in respect of the expenditure it has incurred.
(4) Where physical structures are erected on land which has been acquired under the Acquisition of Land (for Military Purposes) Act, the procedure under Section 1 para. 2 of the Acquisition of Land (for Military Purposes) Act shall include full discussion and adjudication on all objections raised by the municipality or the higher administrative authority and permitted under sentences 1 and 2. A procedure under sentence 2 is not required in such cases.
Sections 29 to 37 have no application in respect of plan approval procedures and other procedures with the legal effects of plan approval procedures for development projects of supra-local significance or in respect of regulations issued under the Federal Control of Pollution Act governing the construction and operation of waste disposal facilities with public access if the municipality is involved; consideration is to be given to the concerns of urban development. Obligations resulting from Section 7 remain unaffected. Section 37 para. 3 shall apply.
Where owners, or any other persons entitled to exercise rights of use, have made preparations for the realisation of such uses as are provided for in the legally binding land-use plan in justifiable faith in the continuing validity of a legally binding land-use plan, they are entitled to demand an appropriate amount of financial compensation to the extent that material investments fall in value as a result of the amendment, supplementation or revocation of the legally binding land-use plan. This also applies in the case of levies under federal or federal state law charged for the provision of local public infrastructure.
(1) Where a binding land-use plan designates:
1. spaces for community use and sports grounds and playgrounds,
2. spaces for groups within the population with special housing needs,
3. spaces assigned to a specific use,
4. protected areas to be kept free from development and spaces for specific installations and provisions for protection against emissions,
5. spaces for public thoroughfares,
6. spaces for public utilities,
7. spaces for waste disposal and drainage, including the retention and seepage of rainwater, and for tipping,
8. public green spaces,
9. spaces for earth deposits, excavation or for the extraction of stones, earth or other minerals,
10. public parking spaces and garages,
11. spaces for community amenities,
12. spaces to be kept free from development,
13. water bodies, spaces for the supply and distribution of water, spaces for installations for flood control and to control drainage,
14. spaces for measures for the protection, conservation and development of soil, of the natural environment and the landscape,
the owner is to be compensated in accordance with the following paragraphs to the extent that property loss is suffered. This does not apply in cases covered by sentence 1 no. 1 in respect of spaces for sports grounds and playgrounds, or by sentence 1 nos. 4 and 10 to 14 to the extent that the designations or the implementation of the designations are either in the interests of the owner or are for the purpose of complying with a legal obligation resting with the owner.
(2) The owner may demand transfer of title to these spaces
1. where and to the extent that the designations or the implementations of the binding land-use plan make it unreasonable in economic terms for the owner to be expected to retain the property, or ton continue to use it in the previous or some other permissible manner, or
2. in cases where development projects are not permitted under Section 32, and as a consequence the previous use of a physical structure is terminated or significantly reduced.
In place of transference of title the owner may claim the establishment of joint ownership, or some other appropriate right, where implementation of the binding land-use plan does not require the withdrawal of ownership.
(3) The owner is to be paid financial compensation of an appropriate amount if and to the extent that development projects may not be realised under Section 32, and as a result of this the previous use of the property is economically impaired. Where the conditions for a claim to transference under para. 2 exist, only this claim may be asserted. The party liable to pay compensation may advise the party entitled to compensation of the right to transference of title where the site is required immediately for the purpose designated in the binding land-use plan.