Building permit before completion of development

Could be, doesn't have to be. Sometimes this also happens on good faith, and the paperwork is caught up years later (e.g., if the development is carried out by a subsidiary of the municipality). But then it also needs a building regulations office that cooperates, which it doesn't have to. If it doesn't, everything must be arranged beforehand. Period.

Elsewhere it says there must be a paved road to the property. No dirt road/gravel, but cobblestone or asphalt!

Development has nothing to do with the road surface; all utilities are already laid even under a construction road. Road parcels formed and surveyed and all utilities extended to the property boundaries means developed, no matter how many potholes there are.

One reads in various places that development can be considered secured if a contract has been concluded with the private development contractor. Elsewhere it says there must be a paved road leading to the property.

The problem is that the relevant regulations are spread across many laws and ordinances at federal, state, and municipal levels, e.g. Building Code, Building Regulations NRW, SBauVO, StrWG, development plan, local statutes. For the building permit, §4 Building Regulations NRW is decisive, i.e. - how does the future resident get to the property, - how does the fire department get to the property, and - where does the fire department get the firefighting water from. At the time of the building permit, these issues do not have to be resolved; it only has to be ensured that these questions can be answered in accordance with building law starting from the beginning of use. Crux: What does secured mean? Here one must distinguish whether the municipality itself develops the building land, i.e. is the owner itself or carries out a land redistribution procedure, or a private project developer. In the latter case, as with , additional charges may be required, since the traffic areas do not belong to the municipality and therefore it is precisely not secured that these areas can be publicly dedicated under StrWG in the future.

I just called the building authority again and inquired whether the agreement regarding the building permit will remain before the completion of the development work.

Have you already submitted the building application? Who owns the street parcels? If the street parcels belong to the municipality, I would find it interesting on what legal basis the issuance of the building permit is being refused.

The building application has not yet been submitted; we are currently hurrying with the general contractor and also with the bank so that we can submit the building application on time. The development will probably only be completed in summer 21; if it were not for the BKG, we would also have significantly more time for everything. In this respect, no building permit has been concretely refused yet, but they have basically said that they will not issue a building permit as long as the development is not secured. There was a land reallocation; I assume that all traffic areas belong to the municipality. Yesterday I drove past there again and saw that the development work has definitely begun now. The site has already been staked out, excavated, and sewer pipes as well as inspection chambers are lying around everywhere. Regarding the legal basis, it cannot be the NRW building code, since secured development is only required for permit-exempt projects (§ 63 Abs. 2). They are probably relying on §30 Building Code paragraph 1: Within the scope of a development plan, which alone or together with other building regulations contains at least provisions on the type and extent of structural use, the buildable land areas, and the local traffic areas, a project is permissible if it does not contradict these provisions and the development is secured.

a project is permissible if it does not conflict with these stipulations and the development is secured.

When awarding the development to an external party, this is also interpreted to mean that the development is only secured when it is actually completed. This happens repeatedly - regardless of whether it is an exemption or with a building permit. Experienced it myself a few years ago. The building permits were practically fully reviewed and were sent almost on the same day as the completion of the development. Exemptions were only accepted from that time onwards.

As already mentioned: This may be handled more loosely when "people know each other" (Gemeinde und Erschließungsträger), but regularly both the contractual side and the actual implementation have to be checked off before building permits are granted. Experienced this just recently again.