Permit exemption
A permit exemption , also an exemption procedure or information procedure , is a building regulation procedure regulated in the building regulations of the federal states before the construction of small and medium-sized building projects.
In contrast to the construction notification procedure , however, the project is not prohibited in individual cases. If the municipality declares within a certain period of time that the project is not exempt from approval because it contradicts its plans or because the exemption requirements have not been met, a building permit is required. Conversely, the lack of a declaration by the municipality justifies the project's freedom from approval.
The information procedure is not to be confused with the information procedure, which z. B. is regulated in Art. 73 of the BayBO and represents a type of approval procedure in relation to military construction projects or the police or civil defense.
Depending on the federal state, this procedure is only possible for certain construction projects, e.g. B. in North Rhine-Westphalia for residential buildings of medium and low height including their ancillary buildings and ancillary facilities or in Saxony for structures that are not special buildings. The project must lie within the scope of a qualified development plan , must not contradict the stipulations and the development must be secured.
The building templates must be submitted to the responsible municipality or building supervisory authority . This can decide within a period (in North Rhine-Westphalia one month) whether a permit procedure should be carried out, in particular to take possible measures to secure the land-use planning ( postponement, change block ) or if it considers a building permit procedure to be necessary for other reasons. After the start of construction, the building supervisory authority has the right at any time to check whether the building regulations are actually being complied with (repressive control) and can, if necessary, impose appropriate sanctions (construction cessation order, prohibition of use, etc.).
Web links
- Landesbauordnung Baden-Wuerttemberg §51 knowledge transfer process
- Saxon building regulations §62 exemption from approval
Individual evidence
- ^ Mario Martini: Simplification of Building Laws and Neighbor Protection Bucerius Law School , 2001
