Veränderungssperre - zur Sicherung der Bauleitplanung Ausnahmegenehmigung bei verfahrensfreien Bauvorhaben

You can apply for an exemption from a change ban to secure the urban land-use planning for building projects that do not require a procedure.

A change ban to safeguard land-use planning is adopted by the municipality. It is valid for two years and can be extended twice for one year at a time.
An exception can be made to the ban on change to safeguard urban land-use planning if there are no overriding public interests to the contrary. The decision on exceptions is made by the building permit authority in agreement with the municipality.
You can apply for an exemption from the change ban for construction measures to safeguard urban land-use planning for construction projects that do not require a procedure.

The following can be affected by a change ban

• Construction, alteration, change of use of structural facilities,
• large-scale backfilling and excavation,
• excavations, deposits including storage sites,
• removal of structures,
• significant or substantially value-enhancing changes to land and buildings whose changes are not subject to approval, consent or notification

In the case of projects in a formally defined redevelopment area or urban development area, the provisions of a change ban to safeguard urban development planning do not apply. Written approval must be obtained from the municipality.

The change ban to safeguard urban development planning does not apply:

• Projects that were approved under building law before the change ban came into force
• Projects of which the municipality is aware and the execution of which could have begun before the change ban came into force
• maintenance work and the continuation of a previously practiced use.

• Application for exceptional approval for a change ban to safeguard urban land-use planning

If you would like to apply for an exemption from a change ban to safeguard urban land-use planning for building projects that do not require a procedure, you must submit an application.

The following can be affected by a change ban to safeguard urban land-use planning

• Construction, modification, change of use of building structures
• Carrying out large-scale backfilling and excavations
• Excavations, deposits including storage sites
• Removal of building structures
• Significant or substantially value-enhancing changes to land and buildings whose changes do not require approval, consent or notification.

You apply to the responsible lower building supervisory authority for an exemption from a change ban to secure the urban land-use planning for building projects that do not require a procedure.

If documents are missing or there are other ambiguities, you will be asked to rectify these obstacles to assessment. In this case, submit the missing or amended documents and/or the clarification. The lower building supervisory authority will review your application.

If all requirements for the granting of an exemption permit are met, the lower building supervisory authority will make a final decision together with the municipality.
If this decision is positive, you will receive an exemption permit.

• Contradiction

• Applying for an exemption from a change ban to secure urban land-use planning for building projects without a procedure
• Application possible at
  1. Construction, alteration and change of use of building structures, large-scale excavations and excavations, excavations, deposits including storage facilities or removal of building structures;
  2. making significant or substantially value-enhancing changes to land and structures, the changes to which do not require approval, consent or notification.
• The change ban to safeguard urban land-use planning does not affect the following:
  1. Projects that were approved under building law before the change ban came into force;
  2. projects of which the municipality has gained knowledge in accordance with building regulations and the execution of which could have begun before the change ban came into force, and
  3. maintenance work and the continuation of a previously practiced use.
• An exception to the prohibition of change to safeguard urban land-use planning may be permitted if there are no overriding public interests to the contrary. The decision on exceptions is made by the building permit authority in agreement with the municipality.
• Responsible: Lower building supervisory authority

• Forms/online services available: yes
• Written form required: yes
• Informal application possible: yes
• Personal appearance necessary: no