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Modernization and repair requirement; arrangement

Municipalities can impose a modernization or repair requirement if a building has defects or deficiencies that can be remedied by appropriate measures.

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Procedure details

If the internal or external condition of a building exhibits defects or deficiencies that can be eliminated or remedied through modernization or repair, the municipality can order the elimination of the defects through a modernization requirement and the elimination of the deficiencies through a repair requirement.

The owner of the building is obliged to remedy the deficiencies and rectify the defects. The notice ordering the modernization or repair must specify the deficiencies or defects to be remedied and set a reasonable deadline for the implementation of the necessary measures.

Defects exist in particular if the building does not meet the general requirements for healthy living and working conditions.

Defects exist in particular if, due to wear and tear, ageing, the effects of the weather or the actions of third parties

  1. the intended use of the building is not only insignificantly impaired,
  2. the external appearance of the structure has a more than insignificant impact on the streetscape or townscape, or
  3. the structure is in need of renovation and is to be preserved due to its urban, in particular historical or artistic, significance.

Status: 23.01.2025
Editorial responsibility Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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