Construction permit

A building permit or building permit is a key element of the building regulations. In building permit compliance with certain, but not all public- law provisions will be reviewed before construction begins. It is therefore only a limited clearance certificate. To ensure compliance with other rules of public law, the owner must take care of their own responsibility. Details are regulated differently in the countries.

The demolition and removal of physical systems is in many state building codes do not require authorization, but only notifiable (see, for example, Article 57, paragraph 5 BayBO ) or at least for smaller projects completely free methods (eg, in Saxony -Anhalt).

The building permit is a beneficial administrative records third burdensome effect: it favors the allotted to the client, but stressed its neighbors. The building permit is, as far as the construction, alteration or change in use of a building or structure is not without authorization or by permit exemption procedure will require authorization by the abolition of preventive construction ban through granting a right to formative action.

Entitled to the grant of planning permission

In the Federal Republic of Germany a client comes to Art.14, paragraph 1 of the Basic Law to the right to farm in the Content Policy of the property by general laws be grounds to modify and use ( space left ). However, the legislature has in principle (except for license-free and permit exempt projects) for the construction, alteration and change of use granted as long as a ban until obrigkeitlich explicitly the construction, alteration or change of use has been permitted (prohibition with permission of title). As far as an architectural project is approved, the client has a bound right to the issuance of the building permit, if not contrary to the projects in the building permit process to be tested public law and not legally enforceable or indisputable rights of third parties. Has the builder violate certain building regulations or building planning law regulations (eg, with the approval of the municipality according to § § 31, paragraph 1, 31, paragraph 2 Building Code ) and may waive the Building Authority in the particular case of the compliance with these instructions is for the claim for issuance of a building permit, to examine to what extent the resolution discretion of the planning authority (or the community) has been reduced to zero.

Importance of building permit

Get a building permit a citizen, he is not to implement his architectural projects, contrary to the somewhat misleading name already readily authorized. The building permit shall, as public regulations are tested in the approval process, only states that the architectural plans with the tested rules is consistent. Although incidentally the building authority the legality of the construction project does not check the client has of course to act in conformity of the building regulations. The same applies to construction projects that are not exempt or subject to approval of the permit. Without prejudice remain building regulation or building safety planning authority 's powers of intervention, such as Baueinstellungsverfügung, use denial or demolition disposal.

Furthermore, the building permit is not final stroke of the necessary permits. As far as further approval procedures (eg water rights or immission control permits) are still required, these must be obtained independently of the building permit process. Obviously lack the requirements for other permits, can the interest of the project investor to be granted in the case of a building permit, be omitted.

Conditions of approval

The written opinion is from the building department or building authorities (obsolete building police ) only drawn up and sent to the client when

• The planning application is complete ( construction drawings, specifications, energy balance, etc.)
• The written request of the faulty building regulations of the country and the construction planning regulations ( federal law) corresponds to ( building regulations, planning, regulations, ..., see also important regulations for construction of buildings ),
• Normally allows the builder confirm the agreement by signing the neighbors on the building instruction. If the may not be necessary prior consent from a neighbor, it will receive a copy of the building permit delivered and, if it interferes with his rights by the construction project sees appeal the building permit. It is important that (and also the legal challenge ) of the neighbors deployed in accordance with § 212a of the Building Code of the Opposition no suspensive effect. The client can thus begin construction as soon as it has received the building permit. Will the neighboring prevent the start of construction, perhaps because he believes the building permit was unlawful, he shall submit before the competent administrative court a request for suspensive effect. The method is based on § 80, 80a Code of Administrative Procedure and not, as previously partially adopted pursuant to § 123 Code of Administrative Procedure. Thus, as the rules of the Code of Civil Procedure application that can oblige the neighbors in an unjustified complaint against the building permit for damages.

The Building Authority may perform a building negotiations to clarify questions of the construction project.

The fixed by Regulation fee is payable after notification of the planning permission. Advances are possible.

Authorization of projects

A building permit is also required for certain building modifications or termination, if these are a project within the meaning of § 2 LBauO. The permit must be affixed visibly on the site. Only then may be started with excavating and construction work. The start of construction and the construction company has to report to the Authority. Before the planning application can provide a Construction application or preliminary planning to learn, for example, the admissibility of certain uses. If a planning permission issued, the Building Authority is bound to this.

A building permit will expire after a certain time, if not begun construction. Renewals are possible in some cases. A deviation from approved plans require re- approval of the Authority. Details are described in the corresponding state building codes.

In recent years, there is a tendency to simplify the approval process. This aims at limiting the number of building projects requiring approval, but also the streamlining of the approval process by limiting the scope of testing ( depending on the difficulty of the project ). In some states permit exemption procedure were (also called knowledge transfer method ) were introduced. The responsibility of not fields to be examined in these cases lies solely with the client and plan paver. Furthermore, there is the variant in which a project is notifiable, in which case the authority must respond within a certain period of time - otherwise the project shall be deemed approved.

Legal protection of the citizen against non- grant

If the building permit authority planning permission, according to the opinion of the builders, not give in error, the person may sue for the building permit to the Administrative Court. Previously, he has to insert ( in Bavaria and North Rhine-Westphalia immediate action must be brought, because there the opposition proceedings was abolished, inter alia, for the building permit process, Article 15, para 2 AGVwGO ) but with the authority against the rejection decision within one month contradiction. If at some time after the appeal decision, the person concerned within one month commitment proceedings may bring an action before the administrative court. If he succeeds, the Administrative Court condemned the building authority to grant planning permission.

The neighbor of a building permit recipient may appeal the building permit issued under strict conditions. But this it is not enough that the building permit violated public law. Rather, it is necessary that the violation of public law exists, just aim to protect the respective neighbors individually. Recognized third- protective regulations such as the national building regulations over the limit or distances between buildings, the planning law thoughtfulness bid as well as in over planned areas, the preservation of the type of area ( as in the non- planned inner region, the characteristics of the neighborhoods corresponding to a construction area of the Land Use Ordinance, § 34. 2 Building Code ). Can the neighboring rely on such third- protective standard, it must first contradiction in the building authority Insert ( in Bavaria, he must immediately bring an action to the administrative court, Article 15, para 2 AGVwGO ). If the opposition does not work, so the neighbor can before the Administrative Court for annulment of the issued building permit levy ( third legal challenge ). Threatens the construction work before still on the appeal of the neighbors decided is ( Objections to and appeals of a third party against the construction approval of a project shall not have suspensory effect, § 212a Building Code ), the neighbor, the suspensive effect of his objection or his action before the administrative Court apply ( § 80a paragraph 3 in conjunction with § 80 paragraph 5 Code of Administrative Procedure ).

Building inspection

After completion of the structure (for large construction projects in between ) see the (state ) building codes before a final building inspection stage of construction or inspection whose scope is left to the building control authority. Some of them can be done by architect and chimney sweep. When accepting any construction defects are recorded, after which, the usage or residential permit will be issued.

Determining effect

Basically, the issue of the building permit building safety intervention powers unaffected. The building permit comes with the onset of the physical existence of force determining effect in relation to a demolition available to. If the building authority has determined that the establishment, modification or change of use of constructed facilities with the agree of the building permit authority to be audited public law and consequently issued a building permit has (formal legality) is a demolition disposal of the Building Control Authority with the assertion that the building or structure infringed by the building authority regulations to be tested (material illegality ), not considered ( legalization effect).

The building control authority is not empowered to make an independent investigation of facts and verification of compliance of the project with the building permit underlying regulations; the observed compliance of the building with public law applies to the facts baupolizeilicher dispositions as being present. Is to defend the legal rights of third parties, or a demolition disposal required, the building authority shall revoke the binding effect by way of redemption of the building permit.

With regard to the use of dismissal orders and Baueinstellungsverfügungen the building permit unfolds also finding effect.

Current Situation

According to the Federal Statistical Office in November 2007, there were in Germany from January to September 2007 a ​​decline of building permits issued over the same period last year by 31.4 percent to 136,000 building permits. The main reason here is the abolition of the state housing grants, has had effects only this year.

Electronic procedures

There are currently in the Federal Republic of various activities of the states and municipalities to convert the building permit process to electronic processes. Where appropriate, all necessary steps are handled electronically in the future from application to decision and archived.

In the federal state and city-state of Berlin this is the project "Electronic structure and approval process ( EBG ) ". Under this project, all of Berlin's building control authorities receive a web-based business application that is linked through interfaces with other applications (such as geo-data form or services) via the Internet. The project is a key project of the provincial government for more service and more eGovernment services of the authorities on the Internet. Since September 2010, electronic project documentation ( drawings and descriptions ) are also accepted for the paper version to handle the internal administrative procedures electronically participation by all of Berlin's building control authorities.