Properties; implementation of reallocation

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. There is no need for a reallocation procedure if the parties involved find another mutually agreeable arrangement.

The reallocation can be carried out within the scope of a development plan (§ 30 BauGB) or within the built-up areas (§ 34 BauGB). It is ordered and carried out by the municipality. Separate reallocation committees are formed for this purpose. The municipality can also transfer its authority to carry out the reallocation to the responsible Office for Digitization, Broadband and Surveying.

The reallocation is initiated by a resolution in which all affected properties are to be listed. The resolution must be published in accordance with local custom. It has the consequence that a prohibition of disposal and change comes into effect. This means that significant actions (sale, construction of a building, etc.) may only be carried out with the written approval of the reallocation office.

All properties located in the reallocation area then form the reallocation mass. The areas that are designated as traffic areas or other public areas (green spaces, children's playgrounds, etc.) in the development plan are separated from this in advance. These are allocated to the municipality. New plots are created from the remaining area, which are cut in such a way that they can be built on appropriately. Each owner receives a share of these plots that corresponds as closely as possible to their share of the apportionment mass. The apportionment body can choose between a distribution according to area and a distribution according to value. If it is not actually possible to allocate a share that corresponds exactly to the exact share, compensation is made in cash.

A simplified apportionment can be carried out under the conditions of § 80 BauGB. In this case, adjoining plots of land, but not streets or parts of streets, can be redrawn.

The necessary documents are obtained by the municipality in cooperation with the relevant authorities.

The initiation of a reallocation procedure is the sole responsibility of the municipality.
All property owners and all holders of rights to the properties located in the reallocation area are involved in the procedure.

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.

The allocation procedure is free of charge and expenses.
However, the allocation may not only result in an entitlement to a monetary payment, but also the obligation to pay a compensation amount for obtaining an area of higher value in comparison to the land plot.