Partial building permit
In public building law, a partial building permit is a binding decision by the building permit authority after the building application has been submitted , but before the decision on the building permit for individual parts of a building project, e.g. B. the creation of the excavation, the shell or individual construction phases of a larger project.
The institute serves to accelerate the construction process. The design is a matter for the federal states; for Lower Saxony, for example, the regulations can be found in §§ 76, 77 of the building regulations .
Like a building permit , a partial building permit is only issued upon application. Like this, it represents an administrative act with a declaratory and an enacting part. The general conformity of the entire project with building law is established, but only a partial lifting of the preventive building ban is issued. Like a building permit, but unlike a preliminary building permit, it entitles you to build. The legal protection follows the same rules as for the building permit.
With regard to the rest of the approval process, the partial building permit has a binding effect as a so-called preliminary positive overall assessment; in principle, the final building permit may only be refused if the partial building permit could be revoked. However, the authority has a discretion when deciding on the partial building permit . Additional requirements can also be made on parts that have already been approved. At least in Lower Saxony, the validity is limited to three years.
Once the building permit has been granted for the entire project, the partial building permit becomes irrelevant. A partial building permit is "consumed" by a subsequent building permit with the result that it can no longer be the independent subject of a request for contestation, unless the building permit is limited to regulations that were not yet contained in the partial building permit that still exists.
Web links
- Caspar David Hermanns, Dietmar Hönig: The binding effect of partial building permits in relation to the final building permit with special consideration of § 79 LBO SH. Retrieved January 24, 2017.
- Free and Hanseatic City of Hamburg / Bergedorf District Office: Partial building permit in accordance with Section 72 (5) HBauO dated February 26, 2016 (new accommodation for refugees or asylum seekers with up to 3,400 places, the associated facilities and ancillary facilities)
Individual evidence
- ↑ Start free for 12 million expansion of the lamp world in Schlitz Fuldaer Zeitung , July 27, 2016
- ↑ The first excavator digging at the Debyestrasse Aachener Nachrichten 15 September 2016
- ^ Anja Hanneforth: Rossmann: Construction will start in January. Partial building permit is here Haller Kreisblatt , January 10, 2017
- ^ OVG Münster, NVwZ-RR 1997, 401
- ^ OVG Münster, decision of April 3, 1996 - 11 B 523/96, BRS 58 No. 150; OVG Frankfurt / Oder, decision of February 19, 1997 - 3 B 137/96, BRS 59 No. 156
- ↑ BayVGH, decision of June 23, 2005 - 25 Cs 05.736
- ↑ VG Augsburg, judgment of March 20, 2014 - Az. Au 5 K 12.1414, Au 5 K 13.64
