Legal basis for the approval of a building project
The Building Code (BauGB) and the Hessian Building Regulations (HBO) are the most important legal basis for the approval of a building project in Wiesbaden.
The HBO comprises building regulations law with its substantive regulatory provisions and procedural regulations, while the BauGB forms the basis of building planning law. Both building planning law and building regulations law as well as other public law - insofar as it relates to buildings - are part of public building law.
Building planning law
Building planning law creates the planning requirements for the development and use of land and regulates whether a building project is generally permitted at a particular location.
The main regulations are the Building Code (BauGB) and the Land Use Ordinance (BauNVO).
The Building Code (BauGB) forms the basis of planning law and the framework for the issuing of development plans by the municipality.
Building regulations law
Building regulations, on the other hand, regulate substantive and formal law in the Hessian Building Code (HBO), i.e. how a building project must be designed, which structural requirements must be met (for example with regard to fire protection and stability) as well as the building permit procedure or procedural freedom. The HBO stipulates, for example
- how a building project must be executed;
- which material requirements must be met;
- when the neighborhood must be involved;
- whether an approval procedure is necessary or not.
Other public law
Other public law refers to the regulations that must be observed as part of a building permit procedure or during construction in addition to the regulations of the HBO (e.g. monument protection law, nature conservation law, water law).