Development contributions can grds. only for the initial final production of a development facility. With first-time final production, the development burden of the community and thus ultimately also the possibility to transfer the later subsequent effort on development contributions to the property owners expires. In particular, when a road that has been in use for a long time is being renovated, it is always necessary to examine precisely whether the road in question has already been finally manufactured for the first time. Under the terms of the BBauG (as of 30.06.1961) or BauGB (01.07.1987), this is determined by the manufacturing characteristics specified in the respective development contribution rate of the municipality. For roads already established before the 30.06.1961, Art. 5a para. 7 S. 1 BayKAG applies, according to which no development contribution can be levied for "existing development facilities" (so-called "historic roads").
In addition, the collection of development contributions shall cease to exist if, in Art. 13 para. 1 No. 4 b) b) 1. Indent BayKAG normalized maximum period has expired. It is 20 or 25 years after the end of the year in which the "Benefit Situation" occurred, which in turn is the case when the road is "ready for use".
In addition, u. U. also commitments of the municipalities to the effect that a development contribution will not be incurred, as well as so-called riparian certificates and so-called road safety contracts on the contribution obligation. In a few cases, the legal institution of forfeiture may also play a role.