Draft Regulation of the Bavarian State Government on Section 250 of the Federal Building Code

The provision of the still relatively new Section 250 of the German Federal Building Code (BauGB), which entered into force on June 23, 2021, opens up the possibility for the State governments to introduce a reservation of approval for the formation or division of residential property or part ownership pursuant to Section 1 of the Residential Property Law (Wohnungseigentumsgesetz, WEG) in areas with tight housing markets within the meaning of Section 201a sentence 3 and sentence 4 of the BauGB, by means of a statutory ordinance.

The Munich Building Land Model SoBoN 2021

The housing shortage prompted the City Council of the City of Munich to pass the SoBoN (Socially Just Land Use = SoBoN) at the beginning of 1994, stipulating that and how the beneficiaries of a development plan procedure (B-plan procedures) should share in the municipal burdens associated with new residential building rights and how to ensure a floor area share of subsidized housing.

HOAI minimum rates apply to all contracts concluded before 2021!

In rulings dated June 2, 2022 (Ref. VII ZR 174/19, VII ZR 12/21 and VII ZR 229/19), the Federal Court of Justice (BGH) decided that the binding price law of the HOAI 2013 (and thus also the predecessor versions 2009 and 2002/1996) continues to apply between private parties.

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