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In Germany, a unique approach to building land allocation known as the "Indigene-Model" is legally permissible. This model allows municipalities to prioritize the allocation of specific areas for certain groups, such as indigenous or local families, through statutes or zoning plans. However, this must adhere to the federal building law and local land-use plans, ensuring a demonstrable need for such allocation, avoiding conflicts with conservation laws, and proper procedural adherence that includes participation from public authorities and stakeholders.
This "Indigene-Model" is subject to the guidelines set by the European Court of Justice, which has established rules for its implementation in building plot allocation. The model prioritizes persons with a local connection over others, but only under very narrow conditions, as per the European Court of Justice.
A person is considered to have a local connection if they live or have grown up in a specific area. However, social criteria such as income, number of children, or care obligations are prioritized over local connection in the assessment of building plot allocation under the "Indigene-Model".
The focus in the assessment is primarily on these social criteria. The local connection may only play a minor role in the assessment, as ruled by the European Court of Justice. Building plots in an "Indigene-Model" are preferentially or exclusively allocated to persons with a local connection.
However, it's important to note that the "Indigene-Model" is not exclusively based on local connection. The model is a way of allocating building plots based on local connection, but it also considers other factors to ensure fair and equitable distribution of resources.
In summary, the "Indigene-Model" is a significant step towards prioritizing local residents in building land allocation in Germany. While local connection plays a role, the assessment primarily focuses on social criteria to ensure a balanced and fair allocation of resources. This model is subject to the case law of the European Court of Justice, ensuring compliance with European Union laws and regulations.
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