Developed status of rear parcels under § 131(1) BauGB: uniform use requirement for jointly owned, independently buildable lots with non-constructional joint utilization

The Federal Administrative Court (BVerwG) dismissed the defendant's complaint and allowed the revision on the basis of the fundamental significance of the legal issue, thereby directing the case back to the higher instance for a ruling that will further develop the case law regarding the "developed status" (Erschlossensein) of backlots under § 131(1) sentence 1 of the Building Code (BauGB). The dispute centers on whether a rear parcel (Hinterliegergrundstück) is legally considered developed when it shares an owner with an adjacent frontage lot (Anliegergrundstück) and both are independently buildable, specifically addressing the requirement of "uniform use" (einheitliche Nutzung) in contexts where the shared use is non-constructional, such as a horse paddock. The decisive legal basis is the interpretation of § 131(1) sentence 1 BauGB, which requires clarification on whether the concept of uniform use encompasses non-constructional joint utilization when establishing the developed status of a rear parcel, a question of general legal importance for planning law.