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Development (Erschließung)

The term "development" is not defined in the law, especially in the Building Code. Essentially, it covers construction measures that are necessary to make plots of land located within a certain local area ready for building. A plot of land can only be used in a building area if it is developed. This includes the connection in terms of traffic, technical and social aspects.


The building area must be connected to the electricity grid, the water supply must be guaranteed, as well as sewage, telephone, gas and heat supply. This includes the creation of green spaces, possibly children's playgrounds and appropriate screening against traffic and commercial noise. If possible, the area must be connected to public transport. Waste disposal must be ensured. The area must also be provided with pharmacies, doctors, schools, kindergartens, sports and leisure facilities and supermarkets. The comprehensive development, i.e. the creation of infrastructure, is the responsibility of the municipality as a service of general interest for the citizen.


In the case of development, a distinction is made between site-related development and area-related development. Site-related means when the development must be secured within the framework of project-related development plans or in the context of built-up districts (§ 34 BauGB). Area-related development means when the municipality must develop, i.e. the land must be made ready for building (§ 123 para. 1 BauGB). Building permission can only be granted for a plot if the plot is also developed. This refers to the so-called secured development in the sense of § 30 ff. BauGB as a prerequisite for the granting of a building permit.


Development is the responsibility of the municipality. It is essentially governed by the provisions of Land law. The provisions of the Building Code (§§ 123 - 126 BauGB) merely provide the framework. The burden of development lies with the municipality. It can transfer the implementation of the development to a third party by means of a development contract. The time and extent of the development must be determined. In principle, the construction of the development facilities requires a development plan. Although the development facilities must not have been completed by the time the buildings to be connected are finished, they must be usable. The extent of the development is determined by the development plan. The requirements for development and traffic are listed there. In principle, there is no entitlement to development. However, it can result from certain behaviour on the part of the municipality. The expenses of the municipality that are eligible for contributions are determined and distributed to the developed properties as development contributions.