Reallocation of land - Decision

In the reallocation procedure, land or parts of land are changed and exchanged in such a way that new plots are created which, in terms of location, shape and size, are designed for structural or other use.

The redistribution is intended to strike a balance between the interests of the landowners concerned and the general public. The value of the real estate of individuals may not be reduced by the transfer. All involved property owners should receive a plot of land that is as equivalent as possible in terms of market value and location.

If the value of the new property is less than that of the old one, the difference will be paid out. If the municipality can only allocate to the owners a plot of land with a higher market value than the original one, they must make a payment.

Hint:

In exceptional cases, it is also possible that a new property outside the reallocation area or a monetary compensation is offered.

The following are involved in a reassignment:

• the property owners
• the municipality
• all holders of rights to the land concerned
• the consumers and developers

To the transfer point of the municipality (or city) in which the land concerned is located.

None.

The reallocation procedure is subject to the condition that the redesign must be either

• to an area within a development plan, or
• refers to built-up districts in context.

At the beginning, the municipality mathematically merges all affected individual plots ("throw-in plots") into a reallocation estate. It shall announce this in a decision. This results in a ban on disposal and alteration of 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 changes.

The municipality makes the decision public (for example in the municipal newspaper or by means of a notice). Within one month, rights that are not apparent from the land register, but entitle to participate in the reallocation procedure, must be registered with the reallocation office.

The municipality draws up an inventory map and an inventory of all affected properties and reports the reallocation to the competent land registry. This notes the planned reallocation in the land register.

From the allocation mass, the municipality separates all areas required in the future for public traffic areas (e.g. streets, squares, green areas). The remaining allocation mass ("distribution mass") is redistributed in such a way that new usable allocation plots are created. The planned allocation is presented in a publicly available allocation plan. Anyone who proves a legitimate interest can inspect it. If you are involved in the reallocation procedure, you will receive the extract from the allocation plan relating to you.

The municipality shall announce the date from which the reallocation plan can no longer be contested. After that date, it shall allocate the transferred and new plots of land.

During the procedure, there are different deadlines and dates. These can be found in announcements and notices.

None.

Hint:

The owners may have to make a payment if the new property is worth more than the old one.

Other:

If the landowners and the municipality find another amicable solution, they do not have to carry out a reallocation procedure. For small areas with little need for restructuring, there is also a simplified procedure with less time and administrative effort.