Städtebauliche Sanierungsmaßnahmen Genehmigung

In order for the municipality to be able to achieve the urban development objectives for the designated redevelopment area to remedy or reduce urban development deficiencies, the legislator has introduced an approval requirement in favor of the municipality for certain projects and legal transactions that property owners can carry out in the redevelopment area.

Section 144 (1) and (2) BauGB therefore exhaustively lists the projects and legal transactions that are subject to approval (see under Requirements).

§ Section 144 (5) BauGB lists the projects and legal transactions that do not require approval.

§ Sections 144 (3) and 145 BauGB contain regulations on the granting of approval.

You must provide the documents on the basis of which it can be determined whether the project or legal transaction is subject to approval within the meaning of Section 145 (1) and (2) BauGB (see under Requirements).

§ Section 144 Projects and legal transactions requiring approval

(1) In the formally defined redevelopment area, the written approval of the municipality is required for

1. the projects and other measures specified in § 14 para. 1;

2. agreements by which a contractual relationship under the law of obligations regarding the use or utilization of a plot of land, building or part of a building is entered into or extended for a fixed period of more than one year.

(2) In the formally defined redevelopment area, the written approval of the municipality is required for

1. the legal sale of a plot of land and the creation and sale of a heritable building right;

2. the creation of a right encumbering the property; this does not apply to the creation of a right in connection with the implementation of construction measures within the meaning of Section 148 (2);

3. a contract under the law of obligations by which an obligation to one of the legal transactions mentioned in number 1 or 2 is established; if the contract under the law of obligations has been approved, the legal transaction in rem carried out in execution of this contract shall also be deemed to have been approved;

4. the creation, amendment or revocation of a building charge;

5. the division of a plot of land.

The procedure is the responsibility of the municipality. Questions on this point should be addressed to the municipality.

You should contact the responsible municipality for more information.

Section 144 BauGB specifies which projects in a formally defined redevelopment area require the written approval of the municipality. This is intended to ensure that the objectives associated with the redevelopment are achieved.

You should contact the responsible municipality for more information.