Collection of development contributions

Prerequisites

The prerequisite for charging a development fee is the enactment of a development fee statute ( Hamburg Roads Act - HWG ).

• Legality (existence of a development plan or construction plan)
• Land acquisition (exposure and acquisition of road surfaces)
• Dedication (street space must be open to the public)
• Fulfillment of the construction program
• Completion of the construction work

Documents required

No.

Please note

No.

Deadlines

No.

Procedure

The statutory payment period is one month after notification of the decision
(§ 135 Building Code - https://www.gesetze-im-internet.de/bbaug/__135.html )

Processing time

No.

Fees

Since every development facility not only serves local traffic, but also the general public, the city of Hamburg bears ten percent of the eligible development costs.




The contributions for a development are calculated individually according to the Hamburg Roads Act in conjunction with the regulation on the amount of the standard rates.

Legal remedies

The development contribution decision can be contested with the legal remedy of an objection.

Legal basis

The legal bases are:

• §§ 123 to 135 Building Code (BauGB) ( https://www.gesetze-im-internet.de/bbaug/__123.html ),


• §§ 44 to 63 Hamburg Roads Act (HWG) ( https://www.landesrecht-hamburg.de/bsha/document/jlr-WegeGHAV9G9 )


• and the ordinance on the amount of the standard rates (EsV) ( https://www.landesrecht-hamburg.de/bsha/document/jlr-EinhSatzVHArahmen )

in their currently applicable version.

Development contributions in the sense of path construction contributions are charged for the final construction of the public roads, squares and residential paths intended for cultivation. It is only because of these development facilities that plots of land can be used in accordance with building regulations. The development contributions serve to compensate for this advantage. A development facility can be constructed and billed as a whole or in sections. The road construction, which sometimes took decades, and the time at which the property was built on are irrelevant.

Those liable to pay contributions and addressees of the notice of determination are those who are registered as owners in the land register at the time the notice is issued ( section 134 of the Building Code ). If there are apartment owners or leaseholders, these are the addressees. Agreements under private law that deviate from this (e.g. in sales contracts) cannot be taken into account.