You may be granted an exemption from the moratorium on changes to urban planning for your construction project, provided that there are no overriding public interests that would prevent it. The building permit authority, in consultation with the municipality, will decide whether to grant your exemption.
Examples of public interests:
- Historic preservation
- Nature conservation
- Environmental protection
- Townscape and landscape
The following may be subject to a moratorium on changes:
- Construction, alteration, or change of use of structures,
- Large-scale landfills and excavations,
- excavations, deposits including storage sites,
- demolition of structures,
- significant or substantially value-enhancing alterations to land and structures, provided these are not subject to approval, consent, or notification requirements.
The following are not affected by the moratorium on changes:
- projects that were approved under building regulations prior to the moratorium’s entry into force.
- Projects of which the municipality is aware and whose execution could have begun before the moratorium took effect.
- Maintenance work and the continuation of a previously existing use.
For construction projects
- in formally designated redevelopment areas or
- in urban development areas
, different regulations apply than for construction projects affected by a moratorium on changes to safeguard urban land-use planning. In such cases, the municipality must have approved the construction project.
Rhineland-Palatinate: Appeal and lawsuit.
The lower building authority is generally responsible. This is the district administration; in independent cities and large cities within a district, it is the city administration or the municipal association administration, if building supervision duties have been delegated to it (the municipal association administrations of Diez and Konz).
