In the case of building projects that do not require planning permission, the client is responsible for ensuring that all public law regulations are complied with.
Overview of construction projects not requiring approval
Building projects that do not require approval are projects for which no building permit is required; they are defined in Section 63 HBO and the associated annex. This applies to the construction, installation or attachment of structural and other installations and facilities, changes of use and demolition, which are listed in detail in the annex to the HBO, including the necessary requirements.
Projects that do not require planning permission but are part of an overall project that requires planning permission must also be examined in the planning permission procedure and are therefore subject to approval. A project can therefore not be split into a part requiring planning permission and a part not requiring planning permission.
However, the exemption from planning permission does not release the building owner from the obligation to comply with the requirements of public law regulations (§ 62 (2) HBO) and to have the building checked by qualified specialists or experts. Rather, anyone who builds without a building permit is responsible for ensuring that all regulations applicable to the building project, such as the statutory clearance areas, the recognized rules of technology and so on, are complied with.
Note: further necessary permits
If projects that do not require planning permission affect other public law regulations, such as nature conservation or monument protection, the developer must obtain the necessary approvals from the relevant authorities on their own responsibility. For this reason, projects that do not require planning permission may ultimately be inadmissible.
If deviations are to be made from local building regulations or planning regulations of a development plan, an isolated deviation decision is required from the building inspectorate.
Here you will find the most important questions and answers regarding projects that do not require planning permission.
What are projects that do not require planning permission?
Projects that do not require planning permission are, for example
Buildings without recreation rooms with a gross volume of up to 30 cubic meters,
Toilets and fireplaces up to 30 cubic meters gross floor area,
Garages up to 50 square meters gross floor area,
Changes to building components inside existing buildings that are not special buildings,
Demolitions up to 300 cubic meters gross floor area (GFA).
§ Legal basis § 63 HBO in conjunction with the annex
Some of the projects that do not require planning permission may only be carried out under certain conditions. These are subject to a so-called exemption proviso. You can recognize the exemption proviso in the annex to the HBO by the addition "subject to the proviso of Section V No. 1 (or/and 2,3,4,5)".
Reservation No. 1: Notification to the municipality The tasks of the municipality of Wiesbaden in the building permit procedure are carried out by the building inspectorate. For example, the corresponding notification must be submitted to the Wiesbaden building inspectorate if a building project that does not require a building permit is listed in the HBO annex under "Reservation of Section V No. 1 - Participation of the municipality".
The required and complete building documents must be attached to the corresponding notification (see "Building documents" below).
What other permits are required?
Which permits from other legal areas do you need for your building project?
As the building project is not subject to an approval procedure, the client must observe and comply with the public law regulations on their own responsibility. You can obtain assistance and explanations on this in a personal consultation with the building inspectorate at the Building Consultancy Service Center.
The following permits, for example, may also be required for your building project:
Which permits from other legal areas do you need for your building project?
The Environmental Office of the City of Wiesbaden offers building owners, architects and developers construction advice in the field of the environment and supports them on the way to environmental testing and approval of a construction project.
The following permits, for example, may also be required for your building project:
The following list provides guidance as to which building documents must generally be enclosed with the notification of a building project not requiring a building permit under reservation 1.
You can find out whether these building documents must also be submitted in your specific individual case during the preliminary consultation with the building inspectorate at the Building Consultancy Service Center.
Type of building submission | Number
Form "Notification of projects requiring planning permission" BAB 33 | 2 copies
Copy of the extract from the commercial/association register/partnership agreement | 2 copies
Original powers of attorney | 2 copies
Copy of building encumbrances | 2 copies
Property plan | 2 copies
Extract from the property certificate | 2 copies
Floor plans | 2 copies
Sections | 2 copies
Views | 2 copies
Informal description of building and use | 2-fold
Calculation of the gross room content | 2-fold
Calculation of the gross floor area and usable area | 2-fold
Calculation of the degree of structural use | 2-fold
Proof of non-full storey | 2-fold
When can the construction project begin?
In the case of building projects in accordance with § 63 Annex under reservation V 1, you can start building if:
You have received confirmation from the building inspectorate that no building permit procedure is required for your building project.
you have not received a declaration from the building inspectorate within two weeks that a building permit procedure must be carried out.
The two-week period begins when the building inspectorate receives your notification and the complete, required building documents. The start of the period can be found in the confirmation of receipt.
No deadline applies to other projects that do not require building permission.
We offer you a comprehensive and diverse range of consulting services and are happy to advise you by video conference, email or directly in person if you wish. Consultations on construction projects and the processing of construction projects take place according to regional responsibility.
Wiesbaden NordMitte, Nordost, Rheingauviertel/Hollerborn, Sonnenberg, Südost and Westend.
