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Process types and procedures

Exemption from approval

Building projects that are not special buildings can be erected without planning permission if they fully comply with the development plan, the HBO and the local building regulations and therefore do not require a deviation, exception or exemption decision.

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If a qualified or project-related development plan exists for an area, the municipality has already made the basic decision on the permissibility of building projects. Structures and buildings that are not special buildings can then be erected without planning permission if these construction projects fully comply with the development plan, the HBO and the local building regulations. For projects within the scope of a simple development plan, in the unplanned inner area and in the outdoor area, however, no exemption from approval can be claimed.

In the case of projects that do not require planning permission, the development must also be secured and must actually be available and usable at the latest at the time the building is taken into use.

Note

The exemption from approval does not exempt you from obtaining the approvals required under other laws. For example, issues relating to listed buildings or nature conservation law may be affected. In such cases, the relevant permits must be obtained from the competent authorities.

Section 64 HBO defines projects that do not require planning permission in the context of construction, alteration or change of use.

Note

A building project that is actually to be classified as exempt from approval can, at the request of the applicant, be examined in a building permit procedure (right to choose in accordance with Section 62 (3) HBO), either in a simplified procedure or in a full procedure, both of which can be chosen.

The declaration that a simplified building permit procedure or a building permit procedure (full procedure) is desired must be made by indicating this on the reverse side of the building application form BAB 01 from the Building Submission Decree.

However, the correspondingly higher fees for the simplified approval procedure or the full procedure will also be charged.

Building documents

Even for a building project that meets all the requirements for exemption from approval, the law stipulates that the necessary building documents must be submitted to the local authority. The Wiesbaden building inspectorate is responsible for this. The required building documents correspond to the building permit procedure and depend on the scope of the project. The building inspectorate must be able to assess the project on the basis of the building documents. However, the building inspectorate is not obliged to inspect them.

The authorized designer must ensure that the public law regulations are complied with. The client is then responsible for compliance.

The municipality can declare within one month of receipt of the building documents that a building permit procedure is to be carried out for a building project that does not require a permit. Accordingly, the building inspectorate will either issue the client with a written building permit authorizing the start of construction or request that a building permit procedure be carried out

Here you will find the most important questions and answers regarding the permit exemption.

Our consulting services

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.

Map of regional responsibility North

Wiesbaden NordMitte, Nordost, Rheingauviertel/Hollerborn, Sonnenberg, Südost and Westend.

Map of regional responsibility East

Wiesbaden OstAuringen, Bierstadt, Breckenheim, Delkenheim, Erbenheim, Heßloch, Igstadt, Kastel, Kloppenheim, Kostheim, Medenbach, Naurod, Nordenstadt and Rambach.

Map of regional responsibility West

Wiesbaden WestAmöneburg, Biebrich, Dotzheim, Frauenstein, Klarenthal and Schierstein.

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