Reallocation of properties - resolution
Service description
In the reallocation procedure, plots or parts of plots are changed and exchanged in such a way that new plots are created that are designed appropriately in terms of location, shape and size for building or other use.
The redistribution is intended to create a balance between the interests of the affected property owners and the general public. The value of the land owned by individuals must not be reduced as a result of the reallocation. All property owners involved should receive a plot of land that is as equal as possible in terms of market value and location.
If the value of the new property is lower than that of the old one, the difference is paid out. If the municipality can only allocate the owners a plot with a higher market value than the original one, they must make a payment.
Note:
In exceptional cases, it is also possible that a new property outside the reallocation area or a cash settlement will be offered.
The following are involved in a reallocation:
- the property owners
- the municipality
- all holders of rights to the properties concerned
- the demand and development agencies
Procedure
At the beginning, the municipality combines all affected individual properties ("throw-in properties") into one apportionment mass. It announces this in a resolution. This results in a ban on disposal and changes to the affected properties. Significant changes to the property may then only be made with the approval of the municipality. Significant changes are, for example, a sale or structural alterations.
The municipality publicises the decision (e.g. in the municipal newspaper or by posting a notice). Rights that are not evident from the land register but entitle the holder to participate in the reallocation procedure must be registered with the reallocation office within one month.
The municipality creates an inventory map and an inventory of all affected properties and reports the reallocation to the relevant land registry office. This office records the planned reallocation in the land register.
The municipality separates all areas required in future for public transport areas (e.g. roads, squares, green spaces) from the apportionment mass. The remaining apportionment mass ("distribution mass") is redistributed in such a way that new usable allotment plots are created. The planned reallocation is shown in a publicly available reallocation plan. Anyone who can prove a legitimate interest can inspect this plan. If you are involved in the reallocation procedure, you will receive an extract from the reallocation plan concerning you.
The municipality announces the date from which the reallocation plan can no longer be contested. After this date, it allocates the reallocated and new properties to
Prerequisites
The prerequisite for the reallocation procedure is that the redesign is either
- to an area within a development plan or
- refers to built-up neighbourhoods.
Which documents are required?
None.
What fees are incurred?
None.
Note:
The owners may have to make a payment if the new property is worth more than the old one.
What deadlines do I have to observe?
There are different deadlines and dates during the procedure. You will find these in the announcements and notifications.
Legal basis
What else should I know?
Other:
If the property owners and the municipality find another mutually agreeable solution, they do not have to carry out a reallocation procedure. For small areas with little need for reorganisation, there is also a simplified procedure with less time and administrative effort.
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