Development costs - Objection Building Code versus statutes / decision

Good day everyone,

I have just received a "notice of an advance payment on the development contribution" which lists the development costs actually incurred so far that are chargeable: provision costs, road construction, road drainage, and street lighting. The roads are not yet fully developed, hence the advance payment - so far so good. However, the municipality's share is puzzling: 5 percent, according to the development contribution statute.

However, Section 129 of the Building Code states quite clearly (at least to me as a layperson) that municipalities must pay at least 10 percent.

A quick search now shows that some statutes specify 5 percent, but most sources on the subject only refer to the Building Code and assume the 10 percent: Is this a contradiction that should be challenged or have I overlooked something?

Best regards

jerimata

If I were you, I would prepare an objection and send it on time in case you cannot obtain legal advice within the deadline. You then justify the objection with the lawyer or withdraw it. As a rule, you should know about [Anliegerbeiträge] that these are graduated according to the type of street - the mentioned five percent would then indicate a [Anliegerstraße], for a [Ortsstraße], [Kreisstraße] and so on, you would be charged less [Anliegeranteil] according to your share in the enjoyment of the street.

Thank you for the response - it is indeed a residential street, but I can't find any real distinction in the Building Code (only federal/state roads etc. belong to a different category).

However, I have made some progress in my research: Apparently (at least in BW), the Municipal Charges Act KAG has been applicable since 2005 - although the wording and facts are very similar, it no longer mentions any minimum share for the municipality (instead, it refers to the municipalities setting this in their statutes) - consequently, a 100% allocation of the development costs might even be possible and one should already be glad about the 5%...