The building fee regulations govern the fees and expenses that, for example, municipalities, building supervisors, experts or testing engineers charge for certain services and official acts from citizens, institutions or companies. Four districts – Elbe-Elster, Havelland, Oberspreewald-Lausitz and Spree-Neiße – had initiated a so-called regulatory review procedure in court because, in their view, the permitted fees did not cover costs.
Country receives significant reprimand from judges
The Higher Administrative Court followed this in its ruling: The connectivity requirement requires a careful and thorough cost forecast. The state of Brandenburg failed to meet these requirements and, for example, did not fully take into account rising personnel costs due to wage increases in the public sector.
An appeal to the Federal Administrative Court was not permitted. According to the court, the construction fee regulations are therefore temporarily invalid and must be designed in accordance with the constitution. It could now be the case that the fees in question will increase. However, it is also possible that the state will compensate the municipalities for increased costs in other ways.
