What is the legal basis for the cost reimbursement amount?
According to Section 135 a (2) of the German Building Code (BauGB), the city is obliged to levy cost reimbursement amounts.
The city council has taken this provision into account and issued the cost reimbursement statutes dated July 21, 1999.
What are cost reimbursement amounts to be paid for?
Cost reimbursement amounts are to be paid for the implementation of measures that are stipulated in a development plan and allocated to the building plots as compensation for the impact on nature and the landscape expected as a result of the development.
Compensatory measures can be, for example, the planting/sowing of shrubs, herbs and grasses, the creation/renaturation of water areas or the unsealing of paved areas.
Reimbursable expenses are determined according to the actual costs incurred. Reimbursable expenses include the costs for
- the acquisition and clearing of the land for the compensatory measure
- the implementation of the compensatory measure including its planning, completion and development maintenance.
How are the eligible costs distributed?
The reimbursable expenses are distributed among the properties to which the compensation measure is allocated. The distribution criterion for the individual property is the permitted base area. The base area is the part of the building plot that may be covered by building structures; the stipulations made in the development plan are decisive for determining the permissible base area.
If no permissible floor area has been specified, the buildable area of the property is to be used as the basis. The buildable property area is the partial area of the property specified in the development plan on which buildings may be erected.
For other independent sealable areas (e.g. collective parking areas for motor vehicles), the sealable area is deemed to be the buildable plot area.
When does the obligation to reimburse costs arise?
The obligation to reimburse costs arises upon completion of the compensatory measure, but at the earliest as soon as the land on which the interventions are to be expected may be used for construction or commercial purposes.
If a cost reimbursement obligation has not yet arisen, advance payments on the cost reimbursement amount may be demanded as soon as the land may be used for construction or commercial purposes.
Before the cost reimbursement obligation arises, the cost reimbursement amount can also be redeemed by payment of a one-off amount by mutual agreement.
Who is liable to pay the costs?
The owner or developer of the property subject to the cost reimbursement obligation is liable to reimburse the costs.
When is the reimbursement amount due?
The cost reimbursement amount is due one month after notification of the performance notice. To avoid undue hardship, the city may allow the cost reimbursement amount to be deferred or paid in installments.
Who provides information?
Of course, this information sheet cannot answer all questions relating to the cost reimbursement amount. If you have any further questions, please contact the following staff at Salzgitter-Lebenstedt Town Hall in the Contributions, Allocation Service and General Administration department:
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