Applying for planning permission for the construction of an installation using the simplified procedure
Service description
§ 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. These include, for example, residential buildings in building classes 1 - 3 (i.e. the floor of any storey in which living rooms are possible must not be more than 7 m above ground level on average) including their outbuildings and ancillary facilities. For the projects listed in § 66 Para. 2 LBauO, a simplified approval procedure is only carried out if the building owner requests this and certificates are submitted by experts recognized by the building authorities that stability and fire protection are guaranteed.
In the simplified approval procedure, the building supervisory review is limited to admissibility 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 lower building supervisory authority.
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 drafters, who must be authorized to submit building documents in the case of applications for buildings.
The building permit is valid for four years. This period can be extended upon application. The application must be received before the deadline expires.
What fees apply?
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 Fee Schedule).
What deadlines do I have to observe?
The building supervisory authority must check within 15 working days of receipt of the building application whether
- the building application and the building documents are complete,
- involve other authorities or bodies and
- to consult experts
are. If the building application is incomplete or has other significant deficiencies, the building supervisory authority will request the client to rectify the deficiencies within a reasonable period of time. If the defects are not rectified within the deadline, the application is deemed to be withdrawn.
The building supervisory authority 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 period begins 15 working days after receipt of the building application by the building supervisory authority or - if the building supervisory authority has requested further documents - 15 working days after receipt of the subsequently submitted documents. If the consent or approval of the municipality is required (Section 14 (2) sentence 2, Section 36 (1) sentence 1 or Section 36a BauGB), this period begins at the earliest upon receipt of the notification of the municipality's decision or, if the consent or approval of the municipality is deemed to have been granted upon expiry of the deadline in accordance with Section 36 or Section 36a BauGB, at the time by which the notification of the refusal of consent or approval of the municipality should have been received by the building supervisory authority.
The building permit is deemed to have been granted if no decision has been made on the building application within this period. The deadline can be extended by up to two months, particularly if other authorities still need to be involved or decisions on deviations are required.
Legal basis
- § Section 66 of the Rhineland-Palatinate Building Regulations (BauO)
- § Section 56 of the Rhineland-Palatinate State Building Regulations (LBauO)
- § Section 63 of the Rhineland-Palatinate State Building Regulations (LBauO)
- § Section 64 of the Rhineland-Palatinate State Building Regulations (LBauO)
- State ordinance on building documents and the building inspection (BauuntPrüfVO)
- State ordinance on fees and remuneration for official acts and services under building regulations law (special fee schedule)
Applications / Forms
The application for a building permit under the simplified approval procedure must be submitted to the lower building supervisory authority.
Typing
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