Das Baugebot im Gesetz und in der Auslegung

§ 176
Baugebot

(1) Im Geltungsbereich eines Bebauungsplans kann die Gemeinde den Eigentümer durch Bescheid verpflichten, innerhalb einer zu bestimmenden angemessenen Frist

1. sein Grundstück entsprechend den Festsetzungen des Bebauungsplans zu bebauen oder
2. ein vorhandenes Gebäude oder eine vorhandene sonstige bauliche Anlage den Festsetzungen des Bebauungsplans anzupassen.

Anmerkung: Dies gilt nicht nur für im Zusammenhang erbaute Ortsteile, sondern auch für ungeplant gebaute Innenbereiche.

Wissenschaftlicher Dienst des Bundestages WD7-3000-052/18:

Abschnitt 1

„…Baugebote kann die Gemeinde im Geltungsbereich eines Bebauungsplans sowie innerhalb von im Zusammenhang bebauten Ortsteilen i. S. v. § 34 BauGB erlassen. Gemäß § 176 Absatz 1 BauGB kann eine Gemeinde einem Grundeigentümer im Geltungsbereich eines Bebauungsplans durch Bescheid die Pflicht auferlegen, „innerhalb einer zu bestimmenden angemessenen Frist 1. sein Grundstück entsprechend den Festsetzungen des Bebauungsplans zu bebauen oder 2. ein vorhandenes Gebäude oder eine vorhandene sonstige bauliche Anlage den Festsetzungen des Bebauungsplans anzupassen.“ Im unbeplanten Innenbereich nach § 34 BauGB kann nach § 176 Absatz 2 BauGB ein Baugebot angeordnet werden, „um unbebaute oder geringfügig bebaute Grundstücke entsprechend den baurechtlichen Vorschriften zu nutzen oder einer baulichen Nutzung zuzuführen, insbesondere zur Schließung von Baulücken.“

Abschnitt 2: Städtebauliche Erforderlichkeit

„Bei einem Grundstück im unbeplanten Innenbereich i. S. v. § 34 BauGB kann ein Baugebot insbesondere zur Schließung von Baulücken angeordnet werden (vgl. § 176 Absatz 2 BauGB). In einem solchen Fall ergibt sich die städtebauliche Erforderlichkeit in der Regel bereits aus der Verbesserung des Ortsbildes. Das Bundesverwaltungsgericht hat zudem entschieden, dass ein Wohnungsmangel eine entsprechende Baulückenschließung erforderlich machen könne. Das Gericht führte weiter aus, dass eine städtebauliche Erforderlichkeit auch daraus resultieren könne, dass durch die Schließung vorhandener Baulücken das Bedürfnis nach Erschließung neuen Baulandes entfalle und dadurch die vorhandene städtische Infrastruktur besser genutzt werde.“

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