Applying for exemption authorisation for a change ban to secure urban land-use planning for building projects without a procedure
Service description
Building projects that do not require a building permit are building projects that do not require a building permit. You are allowed to build as long as there is no change ban.
However, you can obtain an exemption from the change ban for your building project, which is not subject to a procedure, to safeguard the urban land-use planning if there are no overriding public interests to the contrary. The building permit authority will decide together with the municipality whether to grant 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,
- Removal of structures
- significant or substantially value-enhancing changes to land and buildings, insofar as these are not subject to authorisation, approval or notification.
The change ban 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.
For construction projects
- in formally defined redevelopment areas or
- in the urban development area
different regulations apply than for building projects that are affected by a change ban to safeguard urban land-use planning. In this case, the building project must be authorised by the municipality.
Who should I contact?
Lower building supervisory authority
What fees are incurred?
There are no costs.
What deadlines do I have to observe?
Exemption authorisation is valid for 2 years and can be extended for a further 2 years.
Period of validity: 2 years
Legal basis
Legal remedy
- Contradiction
What else should I know?
There are no indications or special features.
Short text
- Change ban - to safeguard urban land-use planning Exemption authorisation for building projects not subject to procedures
- Special authorisation for building projects that do not require planning permission but are subject to a change ban
- 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 that: no construction measures, changes of use, demolition and significant or value-enhancing changes to the property or building structures on a specific area are possible. Unless an exceptional authorisation has been granted.
- Application for exemption authorisation possible at:
- Construction, modification and change of use of buildings,
- Large-scale backfilling and excavation,
- Excavations and deposits including storage sites,
- Removal of structural installations and
- Significant or substantially value-enhancing changes to land and buildings, insofar as these are not subject to authorisation, approval or notification.
- No special authorisation required for:
- 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.
- Maintenance work and the continuation of a previously exercised use.
- Prerequisite for exceptional authorisation: predominantly public interests do not conflict with the project.
- Decisions on exceptions are made by the building permit authority in agreement with the municipality
- Responsible: lower building supervisory authority
Author
Forwarding service: Deep link to the original portal- Applying for exceptional authorisation in the case of a change ban to secure urban land-use planning for building projects without a procedure in Saxony-Anhalt
Display of performance in the source portal
- Applying for exceptional authorisation in the case of a change ban to secure urban land-use planning for building projects without a procedure in Saxony-Anhalt
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