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Building land mobilisation law came into force

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After publication in the Federal Law Gazette, the Building Land Mobilisation Act came into force on 23.06.2021. This so-called Article Law amends the Building Code (Baugesetzbuch), the Building Use Ordinance (Baunutzungsverordnung) and the Zoning Ordinance (Planzeichenverordnung).

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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