Neighbor participation in the notification procedure

  • Erstellt am 2015-02-06 17:20:38

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2015-02-06 17:20:38
  • #1
Good day!

Some time ago we were allocated a plot of land in a new development area. Today we received a letter informing us that the builder on the adjacent plot intends to carry out his construction project under the notification procedure without a building permit, for which I am supposed to give my consent within 2 weeks. I am not aware of this procedure and it seems somewhat strange to me. Can someone tell me if this is usually done this way, or if we should be suspicious about what the neighbor is planning.

I would be very grateful for answers or reports of experience.

Best regards
 

EveundGerd

2015-02-06 22:23:33
  • #2
I would inquire with the building authority about this procedure and ask the neighbor what he intends to do.
 

nordanney

2015-02-07 09:39:07
  • #3
You can also do it like that, as it is not unusual. We also do not have a building permit from the authorities (here in NRW, however, we only have to inform the neighbors).
 

Bauexperte

2015-02-07 12:02:38
  • #4
Hello,

You are applying for a plot of land in a new development area and have no knowledge of how the building application process is handled in such areas?


In the notification procedure, the construction project is only submitted to the building authority for acknowledgment by submitting the construction documents. This saves you time and money. The designer is responsible for ensuring that his design complies with public-law regulations. The builder is responsible for ensuring that the required notifications are made to the building authority. The construction execution must not deviate from the designs submitted for acknowledgment.

The prerequisite is that it is not a procedure-free construction project, that the construction project is within the scope of a development plan and not within the scope of a preservation order within the meaning of § 14 of the Building Code (Baugesetzbuch), and that one of the following projects (excluding special buildings) is to be erected:


    [*]a residential building
    [*]other buildings of building classes 1 to 3, excluding restaurants
    [*]other structural installations that are not buildings
    [*]outbuildings and ancillary facilities for the aforementioned projects (e.g., garages).

Note: As a builder, however, you can choose between the notification procedure and carrying out a building permit procedure.

Translated into plain German, this means nothing other than that a simplified approval procedure is offered instead of a regular building application. The approval period through a notification procedure is not only shorter - max. 4 weeks - but also cheaper than a regular building application. In NRW, for example, €50.00 instead of several hundred euros for a regular building application. Your planner documents with his signature to the approving authority that he complies with all the requirements of the development plan; this eliminates a long process involving all relevant departments of the building authority.

So I see no understandable reason why you should be "suspicious"; a notification or also a simplified approval procedure is common practice and has proven itself many times.

Rhenish greetings
 

BauPaar

2015-02-12 22:51:33
  • #5
also a THANK YOU from me for the clarification!

Is that everywhere, as long as a valid development plan is available?
 

Bauexperte

2015-02-13 08:42:37
  • #6
Good morning,


Yes, as far as I can tell; some call it a simplified approval procedure, others a notification procedure. Exception: when many aspects of the upcoming construction project deviate from the development plan or the building authority insists on a regular building application.

Rhenish greetings
 

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