Building land mobilisation law: replacement money and strengthening of inner development

Park am Gleisdreieck, Berlin, Photo: Erlend Bjørtvedt, Wikimedia Commons, Bearbeitung: bdla, Lizenz: CC BY-SA 4.0

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Since the beginning of this year, there has been intensive discussion in specialist circles about the so-called Building Land Mobilisation Act and the amendment to the Building Code that it is intended to bring about.

The basis for the discussion is an initial working draft from the Federal Ministry of the Interior, Department of Construction, which has become public.

Pleasing: Importance of green and open spaces is strengthened

From the point of view of landscape and open space planning, it is first of all pleasing that the importance of green and open spaces as a component of sustainable urban development is to be explicitly anchored in the BauGB. Thus, the working draft of the BauGB provides in § 1, Paragraph 6 that, among other things, the adequate provision of green and open spaces is to be taken into account in the preparation of urban land use plans.

Relevant from the point of view of landscape architects is that § 1a, paragraph 3 is to be supplemented by the possibility of compensation payments: In the case of unavoidable and otherwise compensable interventions in nature and landscape, a compensation payment is to be made possible in accordance with the intervention regulation of the BNatSchG. The assessment, determination, payment and use of the compensation payment should be based on § 15 paragraph 6 of the BNatSchG.

A new section 176a is to be inserted into the BauGB, giving municipalities the option of drawing up an urban development concept in order to strengthen internal development. The urban development concept is to serve in particular the structural utilization also of incoherently in the municipality distributed undeveloped or only slightly developed properties.

Absolutely unpleasant: Extension of § 13b BauGB

Absolutely unpleasantly from view of the bdla however for a long time admits is the political intention to extend the regulations of the § 13b BauGB. In the discussion an extension is to 31.12.2022 before. With the introduction of a § 13b, which was limited initially to 31.12.2019, settlement extensions were made possible in the connection to coherently developed local parts in the simplified procedure after '§ 13a development plans of the internal development'. In the bdla's view, this is fundamentally at odds with the objectives of sustainable settlement development.

An official draft of the BauGB amendment is expected in April. Within the scope of the hearing of associations, the bdla will comment in detail on the planned new regulations.

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