Ausnahmegenehmigung bei einer Veränderungssperre zur Sicherung der Bauleitplanung bei verfahrensfreien Bauvorhaben beantragen

You can apply for an exemption from a change restriction to secure urban land use planning for construction projects that do not require a procedure.

The municipality decides on a change restriction to secure urban land use planning. It is valid for two years and can be extended twice for one year each time.
An exception may be permitted from the block on changes to secure urban land use planning if overriding public interests do not conflict with this. 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 to secure 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 fillings and excavations,
• excavations, deposits including storage sites,
• Removal of building structures,
• significant or substantial changes to the value of land and buildings, the changes to which do not require approval, consent or notification.

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

The following shall not be affected by the change restriction to safeguard urban land use planning:

• Projects that have been approved under building law prior to the entry into force of the change barrier.
• Projects of which the municipality is aware and the execution of which could have been commenced prior to the entry into force of the change freeze
• Maintenance work and the continuation of a previously exercised use.

• Application for an exemption from a change restriction to secure urban land use planning

If you wish to apply for an exemption from a change restriction to secure urban land use planning for construction projects that do not require a procedure, you must submit an application.

The following can be affected by a change restriction to secure urban land use planning:

• Construction, alteration, change of use of structural facilities
• Implementation of large-scale fillings and excavations
• excavations, deposits including storage facilities
• Removal of structural facilities
• Substantial or significantly value-increasing changes to land and buildings, the changes to which do not require approval, consent or notification.

You submit the application for exemption from a change restriction to secure urban land use planning in the case of construction projects not subject to procedures to the responsible lower building supervisory authority.

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

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

• Opposition

• Application for an exemption from a change restriction to secure urban land use planning for construction projects not subject to procedures
• Application possible with
  1. Erection, alteration and change of use of structural facilities, large-scale fillings and excavations as well as excavations, deposits including storage facilities or removal of structural facilities;
  2. Making significant or substantial changes to the value of land and buildings, the changes to which do not require approval, consent or notification.
• Not affected by the change prohibition to secure the urban land use planning:
  1. Projects that have been approved under building law prior to the entry into force of the change restriction;
  2. projects of which the municipality has become aware in accordance with the building regulations and the execution of which could have been commenced prior to the entry into force of the change restriction, as well as
  3. Maintenance work and the continuation of a previously exercised use.
• An exception may be permitted from the change restriction to safeguard urban land use planning if overriding public interests do not conflict with it. The decision on exceptions is made by the building permit authority in agreement with the municipality.
• Responsible: lower building supervisory authority

• Lower building supervisory authority
  

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