Sanierungsgenehmigung
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Fachlich freigegeben am
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In order to enable the municipality to achieve the urban development objectives for the designated redevelopment area to remedy or reduce urban deplorable conditions, the legislator has introduced an approval requirement for the benefit of the municipality for certain projects and legal transactions that property owners can undertake in the redevelopment area.
Section 144 (1) and (2) BauGB therefore conclusively lists the projects and legal transactions that are subject to approval (see Prerequisites).
§ Section 144 (5) BauGB lists the projects and legal transactions that do not require approval.
§ Section 144 (3) and Section 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 Prerequisites).
§ Section 144 Projects and legal transactions requiring approval
(1) In the formally defined redevelopment area, the following shall require the written approval of the municipality
1. the projects and other measures referred to in § 14 (1);
2. agreements by which a contractual relationship under the law of obligations concerning the use or enjoyment 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 designated redevelopment area, the following shall require the written approval of the municipality
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 shall not apply to the creation of a right connected 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 perform one of the legal transactions referred to in item 1 or 2 is created; if the contract under the law of obligations has been approved, the legal transaction in rem performed in execution of this contract shall also be deemed to have been approved;
4. the creation, modification or cancellation of a building easement;
5. the division of a plot of land.
Since the municipality issues the permit, it also determines the amount of costs (fees, expenses, etc.) that will be incurred.
The procedure is the responsibility of the municipality. Questions on this point should be addressed to the municipality.
This depends on the type and scope of the project. It is recommended to inquire about this at the responsible municipality itself.
Insofar as the modernization and repair of buildings by private developers (individual measures) is desired, this can be supported by the cities and municipalities with the help of urban development funds in the form of loans and/or grants. Private developers submit their applications directly to the municipality or its redevelopment agency.
§ Section 144 of the BauGB lists which projects in a formally designated redevelopment area require the written approval of the municipality.
The local authority is the municipality. Within the municipality, the building authority is responsible.