Service content
Description of the
All affected landowners are involved in this process. After the removal of public land, they receive newly cut plots of land that can be used for their intended purpose and should have at least the market value of the original plot. A reallocation procedure is not necessary if the parties involved find another mutually agreeable arrangement.
Land readjustment may be carried out within the area covered by a local development plan (Section 30 of the German Building Code) or within contiguous built-up areas (Section 34 of the German Building Code). It is ordered and carried out by the local authority. Special land readjustment committees are formed for this purpose. The local authority may also delegate its power to carry out the reallocation to the competent Office for Digitalisation, Broadband and Surveying.
The reallocation is initiated by a resolution, which must list all the plots of land affected. The resolution must be published in the manner customary for the locality. It results in a moratorium on disposal and alteration. This means that significant transactions (sale, construction of a building, etc.) may only be carried out with the written approval of the land readjustment authority.
All plots of land situated within the land readjustment area then form the land readjustment pool. From this, the areas designated in the development plan as traffic areas or other public spaces (green spaces, children’s playgrounds, etc.) are first set aside. These are allocated to the local authority. New plots are formed from the remaining area, tailored in such a way that they can be developed appropriately. Each owner receives a share of these plots that corresponds as closely as possible to their share of the redistribution pool. In doing so, the redistribution authority may choose between a distribution based on area and a distribution based on value. Where it is not actually possible to make an allocation that corresponds exactly to the precise share, compensation is paid in cash.A simplified reallocation can be carried out under the conditions of § 80 BauGB. Adjacent plots of land, but not roads or parts of roads, can be redrawn.
The necessary documents are obtained by the municipality in co-operation with the responsible authorities.
Prerequisites
The decision to initiate a land readjustment procedure rests solely with the local authority. All landowners and all holders of rights in
respect of land situated within the readjustment area are involved in the procedure.Deadlines
Deadlines and exclusion dates only exist once the reallocation procedure has been initiated. Reference is then made to this in the prescribed announcements or the notices sent.Costs
The land redistribution procedure is free of charge and involves no out-of-pocket expenses.
However, the allocation process may result not only in an entitlement to a cash payment, but also in an obligation to pay a compensation amount in order to receive a plot of land of a higher value than the property originally contributed.Legal basis