Tips for Waiting for Building Permit

2022-05-10 19:19:02

I believe the community must always be involved, so this should be part of the deadline. We also cannot just start because the providers will not schedule an orientation appointment without approval. Accordingly, our architect cannot finalize the detailed planning. So if anything, we could only do the excavation.

2022-05-10 19:53:34

We also can't just start, as the suppliers do not schedule an installation appointment without approval.

However, there is no document certifying an approval fiction :-(

2022-05-10 19:58:29

Well, I am rather of the opinion that the fiction must be confirmed to be on the safe side. I spoke with the caseworker again today, and even the question of whether we can at least expect approval by the end of the month was answered only vaguely.

2022-05-10 20:38:17

Hello everyone,
we have now been waiting for our building permit for over 5 months. Last year on December 3rd we submitted our building application through the simplified approval procedure in Saarland.
On January 12th, 2022, we received a letter from the UBA stating that the building application was incomplete. A supplement was missing confirming that we acknowledge the development plan, which has been in the making since 1968 and was never adopted. The planning of our house was carried out accordingly and the said development plan was submitted with the application from the outset.
We then submitted the missing supplement, and as I have now learned, it was received by the UBA on January 17th, 2022.
I have also since found out that only on January 31st, 2022, the entire matter was forwarded to the municipality for agreement. The municipality used the full two-month period, and on March 31st, 2022, all necessary documents were then with the UBA.
Since then, however, nothing has happened. We are in contact with the caseworker and politely inquire every 1 to 2 weeks.
So far, we have not even been given an outlook on when we can expect the permit; we are only told that they do not know how much longer it will take and that the caseworker has a lot of work and several files ahead of ours.
We have also tried to reach the head of the office but only reached his deputy, who then said he would talk to the responsible caseworker. However, from conversations, it appears this has not happened.
In our opinion, the processing deadline should by now have expired, and we are in the area of implied approval. But this is denied.

How should we best deal with the situation?
We just want to finally get started and not provoke a dispute with an inaction lawsuit, etc., because that would probably only make it take longer. Although by now I am really angry.
We have already considered writing a letter to the responsible district administrator. Just starting is probably not an option either?

Your experiences and tips are requested. Thanks!
Regards, Peter

If you know the building permit will come, you can already start with preparatory construction measures. Construction power, construction water, construction road. Earthworks, I believe, do not count. That way you can save some time.

2022-05-10 20:43:07

In our family, there was a similar case recently, also Saarland. There, UBA said the deadline only starts from the point when the building application is complete. Unfortunately, they only received the letter that something was missing 6 weeks after submitting the application. So those 6 weeks just passed without any benefit. And it was also said that the time until the municipality decides does not count towards the 3 months. The whole thing had to go to the building committee twice and once to the municipal council, of course that took some time again. To what extent this is comparable to your case, I do not know. That’s why I wrote it in the subjunctive. You should check your state building regulations, it will be stated exactly there. A few meters further in RLP it is different again, and with our first house in Bavaria it was different once more. This is just incredibly annoying and you don’t make progress and depending on who you deal with, they will exploit it as much as they can if they feel pressured.

2022-05-10 21:35:23

And it was also said that the time until the municipality decides does not count towards the 3 months.

That would mean that the fiction takes effect on 31.06, on 31.03 the municipality's agreement was with the UBA.

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Tips for Waiting for Building Permit

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