GERMANY Law and Practice Contributed by: Wolfram H. Krüger, Barbara Rybka, Markus Wollenhaupt and Alexander Zitzl, Linklaters
due to receive, or was not yet due to receive, or was due to receive in a manner that was otherwise inconsistent with the original agree - ment between the borrower and the creditor; • the interests of other creditors were directly prejudiced at the time the security was granted (it not being sufficient that they might have been prejudiced as a result of granting the security); or • the security interest was granted gratuitously. If immediate and adequate consideration was received by the borrower for the transaction for which the security was granted, it can only be challenged by the insolvency administrator if the transaction was undertaken wilfully to discrimi - nate against other creditors’ rights. If a transaction is successfully challenged, the secured creditor must repay any amounts already received or release the respective secu - rity interest. 3.10 Taxes on Loans There are currently no taxes or levies in connec - tion with real estate secured mortgage loans or mezzanine loans in Germany nor are there any proposals to impose those. Statutory notarial and land registry fees apply to any recordings in the land register, relevant for mortgages (see 3.4 Taxes or Fees Relating to the Granting and Enforcement of Security ). 4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning In Germany, strategic planning and zoning are governed by federal statutory law and the rel - evant statutory law of each of the 16 German
states, as well as regional and local development plans ( Flächennutzungspläne, Bebauungspläne ). Particularly important codes are the Federal Planning Act ( Raumordnungsgesetz ), the Zon - ing Codes of the German states ( Landespla- nungsgesetz ), the Federal Building Code and the Federal Land Use Ordinance. 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction The design, appearance and method of con - struction of new buildings or refurbishment of existing buildings are governed by legislation, specifically the Federal Building Code and the Federal Land Use Ordinance. Regarding the safety of buildings (fire safety, layout and struc - tural safety), the building codes of the respective federal states apply. 4.3 Regulatory Authorities Municipalities are responsible for the regulation of the development and use of individual par - cels of land. The federal government of Germany lays down “leading concepts” ( Leitbilder ), such as the guarantee of equal living conditions within Germany, the protection of the natural environ - ment, and the necessity of correcting structural imbalances between former East and West Ger - many. The federal states establish comprehensive plans ( Raumordnungspläne ) covering the entire state. These plans and their objectives are bind - ing on all subordinate planning authorities. They mostly cover the requirements for the desired structure of settlements, the need for areas to remain undeveloped, and infrastructure loca - tions and routes. The municipalities’ planning functions are car - ried out at two levels:
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