By drawing up a development plan and the associated construction of houses and roads, people intervene in the environment. For this reason, the legislator has stipulated (for the first time in 1993 in the Federal Nature Conservation Act, transferred to the Building Code §§ 135 a-c in 1998) that these interventions should be compensated for either on the intervention areas themselves (building plots) or on other areas.
In principle, the compensatory measures are to be carried out by the respective developer (e.g. building owner). The creation of the compensation area on other land is carried out by the municipality instead of and at the expense of the developer or owner of the land.
The developer or owner whose developable property is located within a development plan that specifies a compensatory measure and allocates it to their property is liable to reimburse the costs.
The cost reimbursement amount charged covers the total cost of creating the compensation area.
Redemption agreement
The cost reimbursement amount can be redeemed upon application before completion of the compensation measure. The amount to be redeemed here is based on the anticipated costs for the equalisation measure. No further settlement will be made after completion of the equalisation measure.
Advance performance notice
The advance payment is only a down payment on the final cost reimbursement amount.
The town of Beckum can levy an advance payment up to the amount of the anticipated costs as long as the cost reimbursement obligation has not been incurred in full.
Once the compensation measure has been implemented, a final decision will be issued, against which the advance payment will then be offset.
Local law
Statutes for the collection of cost reimbursement amounts in accordance with Sections 135 a-c BauGB in the currently valid version
Legal bases in general
§§ Sections 135 a-c of the Building Code
