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Objectives of spatial planning

Together with the spatial planning clauses, the goals of spatial planning constitute the most important tool for enforcing supra-local interests in spatial planning. As defined by the Federal Spatial Planning Act, they are binding stipulations on the development, structure and securing of a defined area, as contained in spatial structure plans in the form of definitive spatial and substantive designations by state or regional planning authorities expressed in textual and cartographic form. Spatial planning goals are to be identified as such in the spatial structure plan and must be strictly complied with in planning and measures affecting spatial structures by all public bodies and planning authorities. This duty of compliance excludes the circumvention of spatial planning goals on the basis of other considerations.

Objectives, principles and other requirements of spatial planning (Raumordnung)

The principles of spatial planning are general precepts concerning the development, structuring, and securing of spatial entities to be taken into accountin weighing up interests and making discretionary decisions. These principles of spatial planning applicable throughout the country are set out under 15 points in Section 2 (2) of the Federal Spatial Planning Act. They are to be applied in the pursuit of sustainable spatial development, giving concrete form to this guideline, and providing general ideas for attaining it. At the state level, these principles are worked out in greater detail and adapted to the conditions prevailing in the given state. The states are entitled to adopt additional spatial planning principles, provided they do not conflict with the principles laid down in the Federal Spatial Planning Act. The states are required to weigh and balance the principles of spatial planning and to implement them territorially and substantively as goals of spatial planning in spatial structure plans.

Ordinance

An ordinance is a general regulation issued by a governmental authority pursuant to a statute with the same binding effect as primary law. Ordinances in this sense (Rechtsverordnungen) are to be distinguished from administrative regulations which apply only with regard to subordinate public authorities and require no statutory basis.

Ordinance on the Principles for Determining the Market Values ​​of Property

Determining property values is required in applying certain Building Code tools, for instance in land reallocation, expropriation, and the calculation of compensatory payments in the context of urban rehabilitation and development measures. Property valuation is regulated by the “Ordinance on the Principles for Determining the Current Market Value of Real Estate” (Valuation Ordinance).

The enactment of this ordinance is pursuant to the Federal Building Code. The Valuation Ordinance lays down the factors determining the value of the property (state of development, building use category and density, encumbrances, locational characteristics, etc.) and procedures for assessing current market value and building value (appraisal by comparison, capitalisation, and summation). The standardised market value of a property is defined as the price which would be achieved in an ordinary transaction at the time when the assessment is made, taking into account the existing legal circumstances and the actual characteristics, general condition and location of the property, without consideration being given to any extraordinary or personal circumstances. Independent committees of experts have been established pursuant to the Federal Building Code to prepare reports on the market value of developed and undeveloped properties for municipalities, counties, and other public authorities, and for courts and judicial authorities, as well as for property owners. Average property prices are required to be determined on the basis of purchasing price data for each section of the municipal territory (standard land values), at least for building land.