Ausnahmegenehmigung bei einer Veränderungssperre zur Sicherung der Bauleitplanung beantragen

Are you planning a building project on a plot of land that is currently subject to a change ban to safeguard urban land-use planning? Then you can apply for a special permit if there are no overriding public interests to the contrary.

You can obtain an exemption from the change ban for your building project to safeguard the urban land-use planning if there are no overriding public interests to the contrary. The building permit authority decides together with the municipality whether to approve your exception.

Examples of public interests:

• Monument protection
• nature conservation
• environmental protection
• Townscape and landscape

The following can be affected by a change ban:

• Construction, modification and change of use of buildings,
• large-scale backfilling and excavation,
• excavations, deposits including storage sites,
• the removal of structures,
• significant or substantially value-enhancing changes to land and buildings, insofar as these are not subject to approval, consent or notification.

The change ban 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.

For building projects

• in formally defined redevelopment areas or
• in urban development areas

are subject to different regulations than building projects that are affected by a change ban to safeguard urban land-use planning. In this case, the building project must be approved by the municipality.

There are no costs.

There is no deadline.

• Contradiction

• Change ban - to safeguard urban land-use planning; exemption permit
• A municipality can decide on a change ban during the preparation of a development plan.
• Depending on the specific definition by the municipality, a change ban can mean: no construction work and changes of use; demolition and significant or value-enhancing demolition and significant or value-enhancing changes to the property or building structures are not possible on a certain area unless an exemption has been granted.
• Application for exemption possible at:
  • Construction, modification and change of use of buildings
  • Large-scale embankments and excavations
  • Excavations and deposits including storage sites
  • Removal of building structures
  • Significant or substantially value-enhancing changes to land and buildings, insofar as these are not subject to approval, consent or notification
• No special permit required for:
  • projects that were approved under building law before the change ban came into force
  • 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
  • Maintenance work and continuation of a previously practiced use
• Prerequisite for exceptional approval: predominantly public interests do not conflict with the project
• The building permit authority decides on exceptions in agreement with the municipality
• Responsible: lower building supervisory authority