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Building land mobilisation law passed

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On 7 May 2021, the German Bundestag approved the Federal Government's draft Building Land Mobilisation Act as amended by the Building Committee. On 28 May 2021, the Bundesrat also approved the bill. After the Federal President has signed the Building Land Mobilisation Act, it can enter into force the following night

With the Building Land Mobilisation Act as a so-called article law, the Building Code and the Building Use Ordinance are amended. From the point of view of the bdla, it is pleasing that the importance of green and open space as a component of sustainable urban development is explicitly anchored in the BauGB, see bdla statement of 01.07.2020. Thus, the new regulations to the BauGB in § 1, paragraph 6, provide that, among other things, the sufficient supply of green and open spaces is to be taken into account in the preparation of urban land use plans.

Absolutely unpleasant from the point of view of the bdla is the extension of the regulations of § 13b BauGB until 31.12.2022. With the introduction of a § 13b, which was initially limited until 31.12.2019, settlement expansions following contiguously built-up districts were made possible in the simplified procedure according to `§ 13a Bebauungspläne der Innenentwicklung'. Contrary to the draft bill, it was not decided to set compensation payments. In the case of unavoidable and otherwise compensable interventions in nature and landscape, it was originally planned to allow for compensation payments based on the intervention regulation of the BNatSchG.

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