With a preliminary building inquiry, certain questions of public building law can be clarified in advance and in a legally binding manner with the submission of reduced building documents.
Before submitting the building application, a written decision (preliminary building permit) can be issued on request (preliminary building inquiry) on individual questions of the building project that are to be examined in the building permit procedure.
The preliminary building inquiry is therefore a procedure with the help of which you can clarify individual, essential questions about your building project in a legally binding manner before you submit a building application. For example, questions about the integration criteria outside of development plans or certain technical details can be clarified before submitting a building application.
The preliminary building permit therefore contains the binding written answers of the building inspectorate to the individual questions posed at the time of the decision in accordance with public regulations. Unless the preliminary building decision is withdrawn or revoked, it is binding for the building permit procedure - provided that the project then applied for is identical to that of the preliminary decision. However, a preliminary building decision does not replace a building permit and does not authorize construction.
The preliminary building permit becomes invalid if a corresponding building application is not submitted within three years of it being issued. The period of validity can be extended by one year at a time upon application.
Note
Please note that the preliminary building permit is only binding in the subsequent building permit procedure if the project is applied for unchanged.
Here you will find the most important questions and answers to the preliminary building application.
For which building projects is a preliminary building application possible?
You can only submit a preliminary building application for building projects that are to be examined in the simplified procedure in accordance with Section 65 HBO or in the full procedure in accordance with Section 66 HBO.
Decisions on exemptions, exceptions and deviations required as part of the preliminary building application are issued in a legally binding manner and precede the building permit procedure.
If your building project falls under the exemption from approval and you would like a preliminary building permit, you must make use of your right to choose the procedure in accordance with § 62 Para. 3 HBO and declare that the simplified procedure or the full procedure should be carried out for your building project. The procedure you choose will then also apply to the subsequent building permit procedure.
Who can submit a preliminary building application?
In principle, anyone can submit a preliminary building application. However, if you are not the owner of the building plot, you must provide evidence of a legitimate interest. This is the case, for example, if you intend to buy a plot of land and want to clarify in advance whether the desired development is possible there.
It should be noted that, depending on the type of procedure that comes into question for the building project, there are also requirements for the building permit for preliminary building applications. Where necessary, proof of authorization to submit building documents must be enclosed and the building documents must be signed by the author of the design. See also FAQ "Which building documents must be submitted with a preliminary building application?".
What questions can be clarified?
What questions can be clarified as part of a preliminary building application?
The preliminary building application must relate to a specific project and contain specific questions. The individual questions about the building project must also be part of the legal provisions to be examined in the subsequent building permit procedure. This means that questions can be asked about both building planning law and building regulations law. However, for a project that is only subject to the simplified building permit procedure, for example, only those questions can be asked that are also to be decided on in the respective simplified building permit procedure.
The questions to which you would like a legally binding answer must be attached to the preliminary building application in a detailed list of questions. You will then receive a preliminary building permit for the preliminary building application, the determination of which is binding for the subsequent building permit procedure to the extent examined.
However, the preliminary building application does not replace the building permit procedure. Therefore, not all questions to be examined in the approval procedure can be the subject of the preliminary building application or the preliminary building permit. The final permission to carry out the building project is therefore also granted in the building permit procedure.
Is the neighborhood involved?
Is the neighborhood also involved as part of a preliminary building application?
If exemptions or deviations are applied for as part of the preliminary building application that affect neighbor-protecting interests (for example, exemption from the type of use specified in the development plan or deviation due to falling below the required clearance areas), the neighborhood is involved.
In the full procedure, a preliminary building application can also be submitted, for example, which serves exclusively to clarify the protection of neighbors. This results in a final settlement of the relationship with the neighbors. In the approval procedure, the neighbors cannot appeal against the building permit if the project to be approved complies with the preliminary decision.
Which building documents must be submitted?
Which building documents must be submitted with a preliminary building application?
Since the introduction of the hybrid building application, all necessary documents only have to be submitted once on paper. The documents must also be submitted digitally.
Which building documents must be submitted with a preliminary building application?
The following list only serves as a guide as to which building documents you generally need to enclose with a preliminary building application.
In addition, the building documents required to assess the questions asked are also required. You will receive binding information on this during the preliminary consultation at the Service Center of the Wiesbaden Building Inspectorate.
How long is a preliminary building permit valid for?
The preliminary building permit becomes invalid if a corresponding building application is not submitted within three years of its issue. The period of validity can be extended by one year at a time upon application.
Please note that the preliminary building permit is only binding in the subsequent building permit procedure if the project remains unchanged.
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