Reallocation

In the reallocation procedure - primarily within the scope of a development plan - plots of land are reorganized in such a way that the stipulations in the development plan can be implemented. Reallocation is a legally regulated procedure (Sections 45 to 84 of the German Building Code) in which, in addition to the creation of appropriately designed plots for building or other use, the areas for development facilities (roads, paths, squares) including green spaces and areas for nature conservation compensation are made available. The reallocation is based on the principle of the legally regulated formal exchange of land and thus guarantees the continuity of ownership.

In addition to safeguarding the public interest through the realization of the desired urban development order, the interests of the property owners are safeguarded to at least the same extent in the reallocation process. As part of the reallocation process, they receive appropriately designed building plots for their previously unusable or poorly usable properties. For this purpose, all properties located in the reallocation area are combined into a reallocation mass and the local traffic areas, green spaces, children's playgrounds, etc. specified in the development plan are deducted. The remaining apportionment mass is redistributed in such a way as to create appropriately usable apportionment plots in terms of location, shape and size. As a rule, the apportionment body bases the distribution on the ratio of the values in which the owners to be considered participate in the apportionment.

In principle, each property owner will receive a property of at least equal value (allotment property) for their previous property included in the procedure (throw-in property). In exceptional cases, compensation may also be paid in cash or with land outside the reallocation area. Any difference between the market value of the throw-in and that of the allotment is compensated in cash.

The implementation of the reallocation procedure is the responsibility of the reallocation committee, which is appointed by the city council. It consists of five members and is composed as follows:

• A fully qualified lawyer as chairperson
• One valuation expert
• One surveying expert
• Two council members

The reallocation committee is a body that is independent of the municipality and has its own decision-making powers. It makes use of an office, which is located in the Geoinformation and Land Planning Department of the City of Aachen. The office conducts the reallocation negotiations, prepares the decisions of the reallocation committee and implements them.

The parties involved in the reallocation procedure are:

• The owners of the properties located in the reallocation area,
• the holders of rights entered in the land register,
• the holders of rights not entered in the land register, after registering their rights with the reallocation office,
• the community.

• Principle of expediency:
  The new properties must meet the requirements of the development plan in terms of size, shape and location.

• Principle of property preservation:
  Every owner who submits a plot of land for reallocation should be allocated a building plot.

• Principle of equality of location:
  If possible, all owners will receive a plot in the same or equivalent location as the plot that has been thrown in.

• Principle of proportionality:
  Each owner receives a share of the new plots in proportion to their share of the reallocation area.
  Whoever had the largest plot before will have the largest plot again afterwards.

• Principle of burden sharing:
  All owners provide land for public purposes on a pro rata basis.

• Principle of equal value:
  Every owner should have a property after the reallocation that has at least the same market value as their property before the reallocation.

The usual costs in real estate transactions for:

• the measurements,
• the cadastral transfer,
• the notarial certification,
• the correction of the land register

are eliminated for the owners. The exemption from land transfer tax is a further advantage of the reallocation procedure, in addition to the rapid processing for the creation of plots ready for construction.

Decisions of the reallocation committee, such as the reallocation decision (initiation of the procedure) and the decision to draw up the reallocation plan, are so-called "administrative acts" and can be subject to legal review by a court.