Once a building application has been submitted, Section 73(1) of the Rhineland-Palatinate State Building Code (LBauO) stipulates that the start of construction work on the excavation pit and on individual parts or construction phases of the project may be approved upon application even before the building permit has been granted (partial building permit).

The subject of the partial building permit is, on the one hand, as the dispositive part, the approval of the preparatory construction measures. On the other hand, the partial building permit contains, as the declaratory part, a so-called "provisional positive overall assessment" with regard to the fundamental approvability of the overall project.

Application to the lower building supervisory authority. The granting of a partial building permit is at the discretion of the lower building supervisory authority.

Appeal and lawsuit

The lower building supervisory authority is responsible for issuing partial building permits. This is the district administration, or in independent cities and large district cities, the city administration or the association of municipalities administration, if it has been assigned building supervision tasks (association of municipalities administrations in Diez and Konz).

A partial building permit can only be granted upon written application; all documents required for assessment must be enclosed with the application. Since the scope of the required documents depends on the scope of the construction work to be approved, it is not possible to make general statements on this matter. This must be determined in consultation with the locally responsible lower building supervisory authority.