Applying for a special authorisation for a change ban to safeguard urban land-use planning
Service description
An exception to the change ban to safeguard the urban land-use planning can be authorised if there are no overriding public interests to the contrary. The decision on exceptions is made by the planning permission authority together with the municipality.
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,
- Removal of structural installations,
- significant or substantially value-enhancing changes to land and buildings whose changes are not subject to authorisation, approval or notification.
In the case of projects in a formally defined redevelopment area or in an urban development area, the provisions of a change ban to safeguard urban land-use planning do not apply. In this case, authorisation must be obtained from the municipality.
The change ban to safeguard urban land-use planning does not affect the following areas
- Projects that were authorised 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 exercised use.
Procedure
- You submit the completed application for exemption authorisation for a change ban to secure the urban land-use planning to the responsible building permit authority.
- If documents are missing or there are other ambiguities, you will be asked to rectify these obstacles to assessment.
- In this case, submit the missing or amended documents and/or the clarification.
- The planning permission authority will check your application.
- If all requirements for the granting of an exemption permit are met, the planning permission authority makes a final decision together with the municipality.
- If this decision is positive, you will receive a notice of exemption.
Who should I contact?
Building supervisory authority of the administrative districts or the independent or large urban districts of the affected property
Prerequisites
Exceptions to the change ban may be authorised if there are no overriding public interests to the contrary.
Which documents are required?
- Application for exceptional authorisation for a change ban to safeguard urban land-use planning
What fees are incurred?
- none
What deadlines do I have to observe?
- none
Legal basis
Legal remedy
- Contradiction
Applications / Forms
- Forms/online services available: yes
- Informal application possible: Yes
- Personal appearance required: No
Short text
- Applying for a special authorisation for a change ban to safeguard urban land-use planning
- Application possible at:
- Construction, alteration and change of use of buildings, large-scale excavations and excavations, excavations, deposits including storage sites or removal of buildings;
- Making significant or substantially value-enhancing changes to land and buildings, the changes to which are not subject to authorisation, approval or notification.
- The change ban to safeguard urban land-use planning does not affect the following areas
- Projects that were authorised 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, and
- Maintenance work and the continuation of a previously exercised use.
- An exception to the change ban to safeguard the urban land-use planning can be authorised if there are no overriding public interests to the contrary. The decision on exceptions is made by the planning permission authority in agreement with the municipality.
- Responsible: lower building supervisory authority of the district or the independent or large district cities of the property concerned
Typing
3