Applying for planning permission, exemption from the planning permission procedure
What do I need to consider if I want to build within the scope of a qualified zoning plan?
What do I need to know?
Service description
The construction, alteration, change of use, and demolition of structures (e.g., buildings) require a building permit. However, this applies only unless otherwise specified in the Rhineland-Palatinate State Building Code, such as in the list of projects exempt from building permits, in the exemption procedure, or for projects not subject to building supervision.
In the exemption procedure, the municipality decides whether a construction project that would normally require a building permit can be carried out without one due to its location within a zoning plan, or whether a building permit procedure should be conducted.
Prerequisites
The exemption procedure applies to the following projects:
-
Projects pursuant to § 66(1), sentence 1, nos. 1 and 10
of the LBauO, i.e., for
- residential buildings in building classes 1 through 3, other buildings in building classes 1 and 2, excluding buildings within the meaning of § 50 (special structures), in each case including their ancillary buildings and facilities, and
- building-independent systems for the use of solar radiation energy, - provided they comply with the provisions of the zoning plan,
- provided that access is ensured,
- if the municipality does not declare that a permitting procedure is to be conducted,
- if there is no obligation to conduct an environmental impact assessment or a preliminary assessment for the project under the law governing environmental impact assessments, and
- the project does not fall within the scope of the so-called Seveso III Directive due to its nature, size, and location near or within a so-called major-accident establishment.
The exemption procedure also applies, subject to paragraphs 3 through 6,
- in unplanned inner areas pursuant to § 34 BauGB for the alteration and change of use of attic floors for residential purposes, including the construction of dormers on buildings, as well as
- in rural areas for projects pursuant to Section 35(1)(8)(b) of the BauGB for the construction and modification of facilities for the use of solar radiation energy.
For projects pursuant to § 66(2), sentences 1 and 3, of the State Building Code (LBauO), i.e., for
- residential buildings in building classes 4 and 5, with the exception of high-rise buildings,
- buildings in building classes 3 through 5 that are used exclusively or, in addition to residential use, predominantly for freelance professional purposes within the meaning of § 13 of the Land Use Ordinance (BauNVO) in the version published on November 21, 2017 (Federal Law Gazette I, p. 3786), as amended, with the exception of high-rise buildings,
- buildings in building classes 3 through 5 that are used for office or administrative purposes, including apartments pursuant to § 8(3)(1) BauNVO, with the exception of high-rise buildings,
- buildings used exclusively as garages with a usable floor area of more than 100 m² up to 1,000 m² (medium-sized garages),
- single-story workshop and warehouse buildings with no more than 5,000 m² of usable floor space, including necessary office and social facilities, as well as apartments pursuant to § 8(3)(1) of the BauNVO, and
- for antenna systems, including masts up to 50 m in height and necessary supply facilities
the exemption procedure is carried out only at the request of the building owner. The requirements 2 through 6 listed above also apply.
Procedure
The application and construction documents for the project must be submitted to the relevant municipality.
Legal basis
Legal remedy
The municipality’s statement does not constitute an administrative act. In the event of disputes regarding building inspection orders, the remedies provided for in the Administrative Court Rules (VwGO)—namely, an appeal and a lawsuit—are available.
Deadlines
Work on the project may begin one month after the municipal administration receives the required construction documents; if the municipality notifies the builder in writing before the expiration of this period that no approval procedure will be conducted, the builder may begin the project even before the one-month period expires (Section 67(2) LBauO).
Work on the project, including excavation of the foundation pit, may not commence until the builder has notified the building supervisory authority in writing of the start of construction work at least one week in advance (Section 77(1) LBauO).
The right to carry out the project expires if the project has not been commenced within four years of the requirements under § 67(2), sentence 1, LBauO being met, or if the execution has been interrupted for four years; § 74(1), sentence 2, LBauO applies accordingly.
Processing time
Once the complete building documents have been submitted, the municipality has one month to either declare that a building permit procedure will be conducted or to waive such a procedure. After the one-month period has expired, the municipality may no longer issue such a declaration (Section 67(2) of the Building Code).
Responsible body
The municipal administration responsible for the building lot; in the case of municipalities belonging to an association, the association’s municipal administration.
What do I need to bring or submit?
The specific construction documents that must be submitted are set forth in the State Ordinance on Construction Documents and Structural Engineering Reviews. The application and the construction documents must be certified by a design engineer who is authorized to submit building applications for buildings.
Depending on the specific construction project, additional documents—such as a declaration regarding structural engineering certifications, including the structural stability certificate—must be submitted to the lower building authority prior to the start of construction.
How much does it cost and how can I pay?
Fees
The amount of the fee is determined by the State Ordinance on Fees and Remuneration for Official Acts and Services under Building Regulations (Special Schedule of Fees) or by the State Ordinance on Fees for Official Acts of a General Nature (General Schedule of Fees).
Forms, information sheets, links
Contact us
Address
Bauaufsicht
Zitadelle, Bau C
Am 87er Denkmal
55131 Mainz
Postal address
55028 Mainz
Your way to us
Opening hours
If you would like to speak to us in person, you can make an appointment online via the Building Authority, Building Inspection Department appointment scheduling system.
Accessibility
Information on accessibility
- Barrier-free access is available
- The WC is barrier-free