Reorganisation note

Redevelopment note in the land register

The land registry adds a redevelopment note to every property located in the redevelopment area. This has no direct legal effect, only an information and security function for property transactions. With the redevelopment note, a legal change to the land register entries is only possible with the consent of the city. In addition to the negative certificate on the pre-emption right (waiver by the city), the land registry must also have a redevelopment permit from the city.
If the urban redevelopment measure ends with the cancellation of the redevelopment statutes, the redevelopment notes in the land register are also deleted.

Authorisation requirements for property transactions

In the redevelopment area, authorisation must be applied for the following legal changes (in accordance with Section 144 (1) point 2 and (2) points 1 to 5 BauGB):

• Division of a property,
• Conclusion or extension of rental and lease agreements with a term of validity of more than one year,
• Sale of a property,
• the creation or sale of a heritable building right,
• Creation of a land charge (to check the eligibility for approval of a land charge, it is necessary to explain whether the land charge is connected with a new construction project or with modernisation and repair measures on the property to be encumbered),
• Conclusion of a contract under the law of obligations,
• Establishment, amendment or cancellation of a building charge.

The City (City Planning and Building Supervisory Office) accepts applications and issues authorisations. The reservation of authorisation makes it possible to prevent or contain changes in the redevelopment area that would impede the redevelopment process.

Right of first refusal of the city of Radebeul

The town has a statutory right of first refusal in the formally defined redevelopment area (in accordance with Section 24 (1) (3) BauGB).

Price review by the city of Radebeul

If an owner of properties (land and buildings) in the redevelopment area applies for authorisation to sell them, the town must carry out a price check (in accordance with Section 153 (1), (2) and Section 145 (2) BauGB). This protects the buyer from excessive prices, as the seller may only assess the increase in value on the basis of actual expenditure incurred. In addition, the price check ensures equal treatment of all owners in the subsequent payment of equalisation amounts.