Space management

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At the workplace of an area management employee

Welcome to the area management department.

We are responsible for

  • the acquisition of land for the city of Jena
  • the examination of the municipal right of first refusal
  • the conclusion of building permit contracts
  • the granting of special use permits
  • the granting of rights of use over municipal properties

Space management

Löbstedter Straße 68
07749 Jena
Germany
E-Mail
liegenschaften@jena.de
Standort

Land management is responsible for the acquisition of land for various purposes such as road construction, forestry, environmental protection and urban planning. The main focus is on the careful preparation of notarized contracts to ensure that all legal aspects are properly taken into account. We carry out extensive research to check the suitability and availability of potential plots of land. In addition, the land administration department takes care of resolving any obstacles in the land register to ensure that the purchase goes smoothly.

We attach great importance to acquiring the land in such a way that it meets the requirements and objectives of the respective projects. We therefore work closely with the relevant specialist departments to ensure that the land can be used optimally for the intended purposes.

Our tasks also include commissioning land surveys and boundary determinations in order to establish precise property boundaries, document ownership and avoid disputes.

The land administration department is also responsible for the purchase of road plots or parts thereof that are not owned by the City of Jena. In this context, we conduct negotiations with the landowners and acquire the land for the City of Jena by notarized purchase agreement as soon as an agreement has been reached.

Through our conscientious work, we make a significant contribution to the successful acquisition and use of land that is of crucial importance for important infrastructural, ecological and urban development projects.

The Land Administration Department is responsible for asserting and processing the statutory pre-emption rights of the City of Jena.

In principle, municipalities are not entitled to a right of first refusal for every sale of land, as is often the case. Of the approx. 500 purchase agreements that are submitted to the Land Administration Department for review each year, a right of first refusal only exists in a maximum of 5% of cases and only in approx. 5 cases is the right of first refusal actually exercised.

The municipal right of first refusal is currently only regulated in the Building Code, the Thuringian Monument Protection Act, the Thuringian Forest Act, the Thuringian Nature Conservation Act and the Thuringian Water Act. It is structured in such a way that the municipalities must issue a decision or a negative certificate after an inspection period of 2 or 3 months. During this time, the execution of the purchase contract is suspended. In most cases, however, this period is not required.

After a thorough examination, the City of Jena decides whether to exercise its right of first refusal. In the event of exercise, a notice is issued by the Land Administration Department for the City of Jena. The City of Jena then acquires the property or parts of it on the terms agreed between the seller and buyer. As this is an administrative procedure, the decision can be contested by one of the parties to the purchase agreement by means of an objection, thus initiating a legal review.

If the city does not exercise its right of first refusal or there is no right of first refusal at all, the land administration department issues the negative certificate directly to the notary. Only with this certificate does the notary submit the purchase contract to the land registry for transfer of ownership.

The Land Administration department is responsible for all legal steps in connection with the exercise of the right of first refusal. This includes communicating and negotiating with the parties involved, processing the notarized purchase and, if necessary, enforcing the claims in court.

If, for example, land or parts of land that are not owned by the city are required for the construction of a road in Jena, it may be necessary to conclude a building permit agreement . The construction measures usually serve to expand and improve the city's infrastructure in order to meet the needs of the general public.

The building permit agreement stipulates that the city of Jena may use the land or parts of land in question for its construction project during the construction period. This enables the city to carry out its infrastructure projects, for example to improve traffic flow, create new connecting roads or build bridges.

The contract aims to meet the interests of both the city of Jena and the contractual partner. It offers the contractual partner the certainty that it will not suffer any disadvantages as a result of the construction project and will be adequately compensated.

Our department is also responsible for issuing special use permits for municipal green spaces. Whether it is for events, construction work or other activities, we carefully examine applications and issue permits to ensure that the use of our green spaces complies with the City of Jena's green space statutes.

In addition to their ecological and climatic functions, public green spaces in a large city also have recreational and leisure functions for various user groups. This is associated with extraordinarily high usage pressure.

We ensure the recreational and leisure value of green spaces and bring the different, sometimes conflicting interests of users to an overall balance that is compatible with the common good.

As a land management company, we are responsible for granting usage rights for municipal land to private individuals and companies. This mainly occurs when a building plot has no direct connection to a public road and access is via municipal property. In addition, permission agreements or easements are often required for the laying of pipes, compliance with clearance areas or when building over municipal property. In order to obtain a building permit, it is often necessary for us to also submit a building obligation with the same content to the building authorities.

Our main task is to represent the interests of the City of Jena and to ensure that the municipal property is used properly. To this end, we generally conclude permission agreements for a fee, which define the conditions for the use of the municipal property. These agreements cover aspects such as the duration of use, the permitted range of uses, the assumption of liability and traffic safety obligations and the financial compensation for use.

Before concluding the agreement, we coordinate the planned use with various specialist departments within the city administration. This includes checking the urban development compatibility, environmental protection and coordination with the relevant traffic authorities. We act as an interface between the departments and ensure that all necessary permits and approvals are obtained before the contract is signed.

In some cases, the city also requires usage rights to land that is not owned by the city. In such situations, we negotiate with the respective owners and conclude appropriate agreements.

We are also responsible for the administration of existing usage agreements. This includes monitoring the terms of contracts, processing payments and handling contract amendments or extensions.

Our aim as a municipal property management company is to coordinate the use of municipal property and ensure that it is in line with municipal objectives and regulations. By concluding usage agreements and working together with various specialist departments within the city administration, we help to ensure that the city's real estate is used properly and sustainably.

Standard land value

The standard land values (BRW) are determined every two years by the expert committee on the basis of land sales, but also taking into account the building land prices in comparable areas, and entered in a standard value map. This guideline value map is available for inspection at the expert committee. Land value information can also be obtained by telephone. Since 2011, it has been possible for anyone with an internet connection to view the standard land values for the whole of Thuringia online at www.bodenrichtwerte-th.de
The BRW is the average location value of the land for a majority of properties (standard land value zone) for which the usage and value conditions are essentially the same. It is based on the square meter of land area. The BRW refers to a property whose value-influencing circumstances are typical for this standard land value zone (standard value property). Deviations of an individual property from the guideline value property - e.g. development status, special location, type and extent of structural use, soil conditions, property shape - generally result in corresponding deviations of its market value from the BRW.

Contact:
Thuringian State Office for Land Management and Geoinformation
Link: https://tlbg.thueringen.de

Market value

The market value (market value) is determined by the price that could be achieved at the time of determination in the ordinary course of business according to the legal circumstances and actual characteristics and the other properties and location of the property without taking into account unusual or personal circumstances.
The market value of a property can be determined in an appraisal by publicly appointed and sworn appraisers and by the appraisal committee at the land registry office. Further information can be found at https://tlbg.thueringen.de.

Responsibilities and accessibility

The land registry office

It maintains the cadastre of the corresponding cadastral area. In the Free State of Thuringia, this is the State Office for Land Management and Geoinformation (TLBG) in Erfurt with 8 branch offices (cadastral areas).
The actual conditions of the properties are documented in the cadastre, such as Location, size, boundaries and boundary points.

Changes to the cadastre may only be made by the cadastral office. This is why the publicly appointed and sworn surveyors (ÖbVI) work closely with the cadastral office. To divide a plot of land, for example, the surveyor requests the current map status from the cadastral office and in turn submits his survey results to the cadastral office for incorporation into the cadastre.

The contact partners for citizens and local authorities are the publicly appointed surveyors. They have a large number of offices in the independent towns and districts. Extracts from the land register can be obtained from the public surveyors or the local authorities. The state administration is setting up online access to the official data for them. Another advantage of this structural reform is that the administration can devote itself to new tasks. For example, the development of a geodata network. In the foreseeable future, the maps of the cadastral and surveying administration will be available online for every Internet user.

Contact:
Thuringian State Office for Land Management and Geoinformation
Link: https://tlbg.thueringen.de


The land registry

It belongs to the respective local court. This is where the legally relevant circumstances of a property are documented, such as ownership and encumbrances. Encumbrances can be legal (e.g. right of residence) and factual (e.g. pipeline right) - noted in section II - or financial (e.g. land charge) - noted in section III.

Information
At the land registry you can obtain extracts from the land register and, for example, information on who owns a particular property. However, you will only receive this information if you can credibly demonstrate a legitimate interest.

Contact the
Jena District Court Land Registry, Rathenaustraße 13, 07743 Jena
Tel. (03641) 307-0

Space management

Löbstedter Straße 68
07749 Jena
Germany
E-Mail
liegenschaften@jena.de
Standort