The GTPro Geotechnologie GmbH team has decades of experience in the location valuation of industrial and commercial plots, military landed properties and other plots.
The clarification of the brownfield sites risk and the evaluation of the brownfield site situation is performed on the basis of the applicable federal legislation, the Federal Soil Protection Act (BbodSchG), the Federal Soil Protection Ordinance (BBodSchV), the Water Act and the land-specific laws and regulations.
I. use-related based on public law: Costs for measures in relation with the material pollution, which must be taken on the basis of legally fixed obligations for averting of dangers (insofar as they are adequate, necessary and proportionate).
II. Payment risk based on private law: Costs for compensation for damages or removal claims.
The use-related risk is always applied to the existing situation (status quo).
I. Investment risk: Costs based on the environment protection obligations, which can be expected in connection with the future usage (e.g. disposal of the excavated materials in the framework of the construction works at the owner’s expense when, due to the existing contamination, they can not be re-incorporated in the plot). The generated costs can differ depending on the different acceptable uses of the plot (eventually also rededications). When there are not yet concrete plans, the financial risk can be determined by taking into consideration the statistical parameters.
II. Feasibility risk (special case of I): If pollution loads are present, whose treatment/ elimination would be very expensive and this would stand in unfavorable relation to the property value, a usability constraint (e.g. abandonment of the underground construction) must be considered alternatively for the affected site. The difference between the reference values of the plots that can be used without constraints and the reference values of the parts, which are of lower value due to usage constraints, forms the usability risk.
The usage-related risk depends on the future developments at the site, which are foreseeable towards the effective evaluation date, and thus on the usage which is admissible on the basis of the planning-related regulations. If they can not be determined, the spatial use planning must be taken into consideration.