Baugenehmigung im vereinfachten Genehmigungsverfahren

§ Section 66 (1) sentence 1 of the Rhineland-Palatinate State Building Regulations (LBauO) lists projects for which the simplified approval procedure must be carried out. This includes, for example, residential buildings in building classes 1 - 3 (i.e. the floor of any storey in which living rooms are possible may not be more than 7 m above the ground surface on average) including their outbuildings and ancillary facilities. For the projects listed in Section 66 (2) LBauO, a simplified approval procedure is only carried out if certificates are submitted by experts recognized by the building authorities that stability and fire protection are guaranteed.

In the simplified approval procedure, the examination by the building authorities is limited to the permissibility in accordance with the provisions of the Building Code, local building regulations (Section 88 LBauO), Section 52 LBauO and other public law regulations. The compliance of the project with the building regulations, i.e. also the Rhineland-Palatinate state building regulations, is not checked.

The application for a building permit under the simplified approval procedure must be submitted to the municipal administration or the association of municipalities.

The building documents that must be submitted with the building application are set out in Section 7 of the state ordinance on building documents and building inspections. The building application and the building documents must be signed by the client as well as the drafters who are authorized to submit building plans for building applications.

Fees are incurred for the granting of planning permission, the amount of which is essentially determined by the type of project approved. These fees are charged in accordance with the State Ordinance on Fees and Remuneration for Official Acts and Services under Building Regulations Law (Special List of Fees).

Once the building supervisory authority has confirmed that a building application is complete, it must make a decision within one month for projects pursuant to Section 66 (1) LBauO and within three months for projects pursuant to Section 66 (2) LBauO if the requirements specified in Section 66 (5) are met. The building permit is deemed to have been granted if no decision has been made on the building application within this period. The deadline may be extended by up to two months, in particular if other authorities still need to be involved or decisions on deviations are required.

The lower building supervisory authority is responsible for issuing the building permit in the simplified approval procedure. This is the district administration, in independent and large towns belonging to the district, the municipal administration or the association of municipalities administration if it has been assigned building supervision tasks (Diez and Konz association of municipalities administrations).

The application for a building permit under the simplified approval procedure must be submitted to the municipal administration or the association of municipalities.