Terraced house in the development plan area: exemption procedure or simplified approval procedure?

Hello everyone,
according to the architect, we are 100% within the development plan, but there have already been various legal disputes in the new development area.

Costs €0 in the exemption procedure vs. approx. €750 in the simplified procedure.
The time (4 weeks vs. 3 months) does not matter to us.

Does approval in the simplified procedure help in possible disputes with neighbors?
What would you do?

The development plan can no longer be overturned for us. The argument of existing rights and legalization of the construction project remain.

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Good day,

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Thank you!
Construction expert

Addition: Construction project is located in Hesse, therefore HBO §56 or HBO §57

Hello,

Cost 0€ in the exemption procedure vs. approx. 750€ in the simplified procedure.
The time (4 weeks vs. 3 months) doesn’t matter to us.

I assume this is about the simplified approval procedure vs. the regular building application? Although the former also costs some money in NRW; currently €50.00.

Does approval in the simplified procedure help with any disputes with neighbors?
What would you do?

In the regular building application procedure, the approving authority (and several others) check whether your application can be approved. This means the development plan and any exemptions are examined in detail; at least in NRW, and I assume it is no different in HE. Neighbors can be involved at any time and in any procedure. ;)

Why do you want to deviate from the development plan? After all, you chose exactly that plot of land in exactly that development plan area, didn’t you?

Rhine greetings

For the sake of completeness, in Hesse the procedure for building notification according to HBO §56 is called approval exemption (4 weeks). (in some federal states this is called simplified procedure) Then there is the simplified building permit procedure according to HBO §57 (3 months) and finally the normal procedure according to HBO §58.

With 57 and 58 you receive a building permit, with 56 you do not.

According to the architect we do not deviate from the development plan and I do not want to either, but that does not have to be correct. Mistakes happen quickly. I was concerned about the legal consequences and advantages and disadvantages during construction and later with regard to §56 or §57. What happens in case of trouble with the neighbors, etc.

Mistakes can happen - no matter which paragraph you build with. Stress will be there (if applicable) anyway;)

Not the cheapest option but it’s good.