A subdivision permit is required if part of a property is to become a separate property with its own land register sheet or is to be allocated to another property. This must not result in any conditions that violate building law.
Property division and division permit
Plots of land can consist of one or more parcels of land that are listed in the land register under a serial number. If these parcels are listed in the land register under the same serial number, they are also regarded as one property under building law. If they are listed in the land register under different serial numbers, they are different plots of land.
The Hessian Building Code (HBO) regulates the division of plots under Section 7 - according to this, a division permit from the building inspectorate is required for the division of a plot of land that has been developed or whose development has been approved or which may be developed on the basis of an exemption from approval.
Application for property division / division permit
When an application is made to divide a property in accordance with Section 7 HBO, the building inspectorate checks whether the intended division will continue to comply with the provisions of the Hessian Building Code or the laws issued on the basis of the Hessian Building Code.
In principle, a division must result in the creation of permanently reasonable, usable, independent properties that can be managed independently of other properties. The planned division of land must be legally compliant in order to be eligible for approval. The building inspectorate therefore checks whether the planned division of land complies with building regulations. This concerns, for example, the distance areas, fire protection and access for the fire department, access roads to properties and the securing of parking spaces on each property. This can mean, for example, that land charges are required. Also, the division of a property within the scope of a development plan must not create any conditions that contradict the provisions of this development plan.
There are formal requirements for the application. These are set out in Section 7 (3) HBO and the Building Submission Decree, which also contains the mandatory application form. The application for the division of land can only ever relate to one property. If several plots of land are to be divided, a separate application must be submitted to the building inspectorate for each plot.
Only after the division permit has been received may a publicly appointed surveyor or another surveying office finally carry out the actual division of the property and create the new parcels in the real estate cadastre.
Clearance certificate
As a further option for dividing a property, the HBO stipulates that a surveying office must certify that the division is unobjectionable under building regulations in accordance with Section 15 (2) sentence 1 of the Hessian Surveying and Geoinformation Act.
This clearance certificate is issued by a publicly appointed surveying office. The building inspectorate does not issue clearance certificates.
Undeveloped land
If an undeveloped plot of land is to be divided, a negative certificate must be issued. The negative certificate can be issued by both the building supervisory authority and the surveying offices. The negative certificate is issued by the building supervisory authority in the same way as the division permit on the basis of a division application.
Frequently asked questions - FAQs
When is a division permit required?
A division of land requires approval if the land in question is already developed, if development has been approved or if the land may be developed as part of an exemption from approval (Section 64 HBO). A plot of land is deemed to be built on if at least one building is already there or is under construction. The size of the building is irrelevant.
In which cases is a division permit not required?
Clearance certificate
A subdivision permit is not required if the responsible land management office or a publicly appointed surveyor has certified that the planned subdivision is unobjectionable under building regulations. The clearance certificate is equivalent to the division permit.
Exceptions
Exceptions in which the division does not require approval from the building supervisory authority or a clearance certificate are regulated in Section 7 (1) sentence 2 no. 1 and 2 HBO. For example, no subdivision permit is required if the subdivision is carried out in public-law administrative procedures such as reallocation or expropriation procedures or if the federal government, the state or a municipality with its own building supervisory authority is involved in the subdivision.
When is a division permit denied?
Exceptions
Approval will be refused in accordance with Section 7 (2) HBO if the division results in a situation that is contrary to the building regulations, e.g. if there is no or inadequate traffic development, if there is a lack of required areas for the fire department bypass or if there is an unlawful reduction in clearance areas, missing fire walls or fire compartments when guiding a property boundary in the area of existing buildings, parking spaces.
What is the connection with a building application?
The existence of a building plot is mandatory for the submission of a building application and the granting of a building permit. The permissibility of a project under building law is directly related to the building plot on which it is to be erected. This applies in particular to the required clearance areas, the fire protection distances, the development and the building density within the meaning of building planning law.
Therefore, no changes may be made to the building plot during an ongoing building permit procedure. Changes would mean that all building application documents might have to be replaced, which would significantly extend the processing time - significant changes could even mean that the project applied for is no longer eligible for approval.
What should be checked before submitting an application?
The planned division of land must be legally compliant in order to be eligible for approval. Owners or applicants should therefore check the following before submitting an application:
Which legal bases such as HBO, BauGB, development plans and legally binding statutes apply to the property in question. Development plans, design statutes and other statutes of the state capital of Wiesbaden can be found under the link below.
What is the last approved status of the current development? If no current building permit is available, the file archive will provide information here.
What building encumbrances may be registered for the properties affected by the division? You can obtain information on this from the online register of building encumbrances.
Are there any easements or other encumbrances on the property to be divided that could conflict with a division under land register law? You can obtain this information from the land registry. The Wiesbaden Local Court is the land registry responsible for the properties in its area.
The ideal time is before submitting a building application to ensure a smooth examination, decision and execution of the project. If this is not possible for civil law reasons, the construction project should be carried out on the basis of the existing property situation and the property should only be rezoned after final completion. Any infringements of public law regulations that are likely to arise can then be resolved, for example, by means of building encumbrances, isolated deviation procedures under building regulations or exemption procedures under planning law as part of a corresponding application procedure based on the change to the property.
Is it possible to divide a plot of land during the execution of a building project?
Plots of land should always be divided before a building applicationissubmitted or after a building project has been completed. An unlawful division of land can cause a building permit that has already been granted to lose its declaratory effect, namely the binding determination that the project meets the public law requirements to be examined in the approval procedure. This means that if changes to the property situation result in a building permit becoming materially unlawful, it may have to be withdrawn or revoked. This can lead to a suspension of construction or an order for removal.
What is the difference between a division permit and a declaration of division?
In the case of a declaration of division in accordance with the German Condominium Act (WEG), the property remains a single property under building law. For a declaration of division in accordance with the WEG, you need a certificate of completion. This can be an alternative, for example, if a property with residential buildings cannot actually be divided, but a division under civil law is still desired. The certificate of segregation sets out the boundaries of the respective apartment or usage unit on the property or within a building.
What documents must be submitted with the application for a division permit?
Fully completed application form BAB 02 withthe signature of the owner of the property to be allotted or his authorized representative;
corresponding power of attorney, if applicable
Current extract (in duplicate) from the official real estate map, scale 1:500 or 1:1,000 with:
Entry of all structures, paved areas and distance areas
Position and scale marking (red crosses) of buildings that no longer exist
Representation (red) of approved or planned and exempted buildings
exact entry of the intended division line in red
Proof of clearance area (two copies) including calculation and representation of the clearance area (green) in the partition plan or a separate plan
for divisions through buildings: description, floor plans (two copies)
for divisions at building edges: Views (two copies)
The fee for issuing a division permit is calculated on the basis of the General Administrative Fee Schedule of the State of Hesse according to the time required and depends, among other things, on the land value and the time required (the decisive factor here is the scope of the inspection). It amounts to a minimum of 100 to a maximum of 2,500 euros.
The fees for issuing a negative certificate are between 100 and 250 euros.
Further information can be found in the leaflet of the Hessian Ministry of Economics, Energy, Transport and Housing Information and explanations on the division permit and clearance certificate according to § 7 HBO.
