Exemption procedure according to § 67 Building Code NRW

  • Erstellt am 2018-02-19 08:21:59

tim2111

2018-02-19 08:21:59
  • #1
Hello everyone,

We are building in NRW in a new development area with a very current development plan that our construction project fully complies with. Now we are facing the question of whether we should build under consideration of the Freistellungsverfahren (according to the moratorium of the Landesbauordnung, surely possible until the end of 2018) or with a simplified building permit procedure.

From my point of view, the following advantages and disadvantages apply for us:

Freistellungsverfahren:
- After consulting with the municipality, we could receive a confirmation at very short notice that nothing stands against the procedure and could thus "start" very promptly.
- Risk: Our construction project will most likely extend beyond 2018. Not by long, but presumably 4-6 weeks. Low legal certainty for 2019.

Simplified procedure:
- Long processing time at the municipality
- The municipality has stated upon inquiry that due to the workload situation, the maximum processing time must be expected and has advised possibly building after the Freistellungsverfahren
- Our construction start will be delayed by several months
- Advantage: very clear legal certainty.

Currently, it is not foreseeable how the Freistellungsverfahren will proceed. The Landesbauordnung is to be revised again; possibly the procedure will remain afterwards, but that is by no means certain. There might also be another moratorium, but that is not clear either.

We have now considered initially "starting" with the Freistellungsverfahren and, if by then there is clarity about how things will proceed in 2019, possibly conducting a simplified building permit procedure by October 2018 at the latest if it becomes clear that the Freistellungsverfahren ends in 2019. If by then it is clear that the procedure will continue to exist, we would continue to use it accordingly.

That should be possible without any problems in my understanding, right?
How would you proceed, do you perhaps have any tips?

Thank you all in advance for your help!
 

Escroda

2018-02-19 09:26:49
  • #2
I would do it exactly the same way if the municipality and architect cooperate.
 

tim2111

2018-02-20 08:37:11
  • #3
Great, thank you very much for your reply!
 

Alex85

2018-02-20 19:16:14
  • #4


The moratorium was imposed by the black-yellow coalition partly because the previous government wanted to scrap the exemption procedure in the new version of the State Building Code. The moratorium therefore serves, among other things, to reintroduce the exemption procedure into the State Building Code. See the coalition agreement; it is explicitly mentioned and agreed upon there.



Builders also like to use the exemption procedure in order to start quickly. Legal certainty is then obtained through a late or even subsequent opening of a simplified building permit procedure if the builder is no longer pressed for time. This is indeed one of the major criticisms of the previous government against the procedure – the authority is often not relieved as much as hoped. The file just does not arrive before construction begins, but later.

EDIT:
Here is the excerpt from the coalition agreement.
 

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