Vorhaben in Sanierungsgebieten, Genehmigung beantragen

• § 38 Baugesetzbuch (BauGB) – Bauliche Maßnahmen von überörtlicher Bedeutung auf Grund von Planfeststellungsverfahren; öffentlich zugängliche Abfallbeseitigungsanlagen
• § 144 BauGB – Genehmigungspflichtige Vorhaben und Rechtsvorgänge

Application for approval of construction measures in urban redevelopment areas in accordance with Section 144 of the Baugesetzbuch (BauGB)

In a formally defined redevelopment area, certain projects are subject to a change ban. You require written authorisation from the municipal or city administration if you want to

• construct, alter or convert buildings
• carry out extensive earthworks
• sell a property
• create a right encumbering the property (mortgage, land charge, usufruct, etc.)
• conclude a contract under the law of obligations (rental contract, lease, etc.)
• establish, amend or cancel a building charge
• divide a property 

The municipal or city administration may grant general authorisation for the redevelopment area or parts thereof in certain cases. If this is the case, it has publicised this general authorisation.

The following are exempt from authorisation:

• Projects in which the municipality or the redevelopment agency is involved
• Legal transactions for the purpose of anticipating legal succession
• Projects that were approved before the formal establishment of the redevelopment area
• Legal transactions for the purpose of national defence
• Acquisition of land that is included in a procedure pursuant to Section 38 BauGB (construction measures of supra-local importance or construction and operation of a publicly accessible waste disposal facility)
• Maintenance work
• Continuation of the previous use

• Submit a written application to the municipal or city administration in whose jurisdiction the property is located.
• If a building permit or approval is required in addition to the authorisation under redevelopment law, the building supervisory authority will issue the permit in agreement with the municipal / city administration as part of this procedure.

• Decision on authorisation under redevelopment law: no later than one month after receipt of the application (extension by a maximum of three months)
• Decision by the building supervisory authority: no later than two months after receipt of the application (extension by a maximum of three months)

Note: If the processing time is extended, you will receive an interim decision. Once this period has expired, the authorisation is deemed to have been granted.