In order to develop or redesign areas, properties can be reorganized by reallocation. A distinction is made between building land reallocation and simplified reallocation.
Building land reallocation (§§ 45-79 Baugesetzbuch)
Reallocation is primarily used to reorganize developed and undeveloped properties within the scope of a development plan in such a way that the objectives of the development plan can be achieved. The reorganization results in plots that are suitably designed in terms of location, shape and size for building and other uses. In most cases, the basis for the reorganization is a development plan with its stipulations for the development and redesign of a building area.
In addition to the reorganization of the plots, the areas for the development facilities (roads, paths, squares) including green areas and the areas for nature conservation compensation are also provided.
The reallocation is a land readjustment procedure on the basis of Sections 45 to 79 BauGB.
Simplified reallocation (Sections 80-84 of the German Building Code)
In simplified reallocation, simple property reorganizations are carried out. Only directly adjoining or closely neighboring plots or parts of plots can be exchanged or plots, in particular split plots or parts of plots, can be allocated unilaterally.
The plots or parts of plots to be exchanged may not be independently buildable. A unilateral allocation must be in the public interest. Any reduction in value for the property owner as a result of the simplified reallocation may only be insignificant.
Simplified reallocation is a land readjustment procedure on the basis of §§ 80 - 84 BauGB.
The reallocation committee
The reallocation committee of the City of Bonn is responsible for the implementation of reallocation and simplified reallocation in the City of Bonn. It is known as the "Reallocation Committee of the City of Bonn". This committee is not a committee within the meaning of the municipal code. Its legitimacy is based on the Building Code(BauGB) and the associated implementing ordinance of the state of North Rhine-Westphalia.
The reallocation committee deliberates and makes decisions in closed sessions. It decides according to its free conviction gained from the entire negotiations and investigations. It is not bound by instructions. Its decisions are legally contestable as administrative acts.
Members
The reallocation committee consists of five members (including the chairperson) and is appointed by the municipal council.
The chairperson must be qualified to hold the office of judge or the higher general administrative service, one member must be qualified to hold the higher surveying administrative service or be licensed as a publicly appointed surveyor in North Rhine-Westphalia and one member must be an expert in the determination of property values; these persons may not be members of the municipal council or be in an official or employment relationship with the municipality. The other two members must be members of the municipal council.
One or more persons must be appointed to represent each member of the apportionment committee.
The term of office of the members is five years. Re-election is permitted.
The reallocation committee currently consists of the following members and deputy members (in brackets):
Chairman: Prof. Dr. Wilhelm Söfker (Eva-Maria Levold)
Expert with the qualification for the higher surveying administrative service or approval as a publicly appointed surveyor in NRW: Dipl.-Ing. Martin Pilhatsch, ÖbVI (Dipl.-Ing. Katja Miedniak, ÖbVI)
Expert for the determination of property values: Dipl.-Ing. Architekt BDA Wolfgang Beyß (Dipl.-Ing. Martin Kütt)
Council member: City Councillor Dr. Daniel Rutte (City Councillor Dr. Roswitha Sachsse-Schadt)
Council member: City Councillor Reiner Burgunder (City Councillor Jürgen Wehlus)
Office
The office handles the day-to-day administrative business and prepares the decisions to be made by the reallocation committee. Organizationally, the office is assigned to the Office for Land Management and Geoinformation of the City of Bonn. The head of the office is appointed by the Mayor of Bonn and as such bears the title "Managing Director".
The managing director handles day-to-day business with the office, deals with correspondence, conducts negotiations with the parties involved, prepares and implements the committee's decisions. He/she informs the committee chairman about the status of the work and any special events.
The managing director attends the meetings of the reallocation committee in an advisory capacity.