Tips for Waiting for Building Permit

  • Erstellt am 2022-05-09 16:46:37

K a t j a

2022-05-10 21:56:15
  • #1
State Building Code Saarland § 70
Processing of the building application:
(2) As soon as the building application and the building documents are complete, the building supervisory authority confirms immediately to the builder the completeness of the building application and the building documents and the decision date determined according to paragraph 4. If the building application or the building documents are incomplete or otherwise have significant defects, the building supervisory authority immediately requests the builder to remedy the defects within a reasonable period. If the defects are not remedied within the period, the application is deemed to have been withdrawn.

(3) A decision required on the basis of state law provisions according to paragraph 2 sentence 1 is deemed to have been granted
if it is not refused within two months after receipt of the request with reasons stated. ²Statements according to paragraph 2 sentence 2 can be disregarded if they are not received by the building supervisory authority within one month after the request. ³If additional documents or information are required for the assessment of the project by a participating authority or office, the period according to sentence 1 or 2 is suspended until the requested documents or information are received by the participating authority or office. The building supervisory authority communicates the decision of the other authority together with its own decision to the builder.

I understand this to mean that the decision is deemed granted if you do not receive contrary information within 2 months after the complete receipt of the documents.
 

MultiPeter

2022-05-10 22:01:01
  • #2
Approval procedures
§ 64
Simplified building permit procedure
(1) For projects according to § 63 para. 1 sentence 1, for which the requirements according to § 63 para. 2 are not met, a simplified building permit procedure shall be carried out. Sentence 1 does not apply to projects according to § 63 para. 1 sentence 2 no. 2 and 3.
(2) In the simplified building permit procedure, the following will be examined:
1. the admissibility of the project according to the provisions of the Building Code and the other public-law regulations outside the building regulations, excluding the requirements according to the Workplace Ordinance of August 12, 2004 (Federal Law Gazette I p. 2179), last amended by Article 4 of the Ordinance of July 19, 2010 (Federal Law Gazette I p. 96), in the version applicable at the time, and the requirements according to the Energy Saving Ordinance,
2. the compliance of the project with the provisions on clearance areas (§§ 7, 8) and barrier-free construction (§ 50) as well as the local building regulations (§ 85),
3. for advertising installations, deviating from number 2, the compliance of the project with the provisions of §§ 4, 7, 8, 12, 14 and 17 para. 2 as well as with the local building regulations (§ 85),
4. requested deviations. § 67 remains unaffected.
(3) A decision on the building application must be made within three months after receipt of the complete application; the building supervisory authority may extend this period by up to one month for important reasons. An important reason exists in particular if an exception, exemption or deviation is applied for or the granting of the building permit depends on the decision of another authority or office or a public participation according to § 71 para. 3 is required. If additional documents or information are required by a participating authority or office to assess a project, the period is interrupted until the requested documents or information are received. The period is also interrupted by a subsequently submitted application for granting an exception, exemption or deviation. The permit is deemed to have been granted if no decision has been made on the building application within the period. At the request of the builder, the building supervisory authority shall confirm the permit in writing according to sentence 5. Sentences 1 to 6 do not apply if the deadline for the decision of another authority or office according to federal law provisions is more than two months or may be extended beyond two months.


We are in § 64 simplified building permit procedure.
 

11ant

2022-05-10 22:20:08
  • #3
I don’t think it "must," but I agree with you regarding the "safe side." You can ask the authority whether that is the case (of course formulated as a statement), for example: "We kindly ask you to confirm the occurrence of the approval fiction." Then the authority can only confirm it or dispute it with reasons; they don’t have the option "yes, you would be in the right, but mimimimi, we would have liked more time" ;-)
 

Costruttrice

2022-05-10 22:22:48
  • #4
That was exactly the case in the situation I described.
 

K a t j a

2022-05-10 23:02:30
  • #5

In my opinion, this is supposed to serve to simplify and speed up the process, especially because there are precise specifications that are exactly met with the application. So honestly, if you actually comply with the development plan and the deadline has passed, I would start.
 

Pinkiponk

2022-05-11 09:51:44
  • #6

We, in the state of Saxony, received a "certificate" from the district office instead of the building permit. Cost approx. 681 euros. I no longer know whether we paid 681 euros for the entire process or just for the "certificate." We needed a written document because without the certificate/building permit we would not have been able to get a sample appointment with our house manufacturer, who has his company in another federal state. How other builders and construction companies handle this is unknown to me.
 

Similar topics
02.01.2012Semi-detached house - who submits the building application first, wins?29
29.10.2013Property reserved, construction financing plan, architect/building permit application21
28.02.2015Building application submitted/open detailed questions/looking forward to suggestions39
15.06.2015Garage - Building Application - Confusion36
27.04.2017Carport deviation from the building application21
07.06.2017Permeable traffic areas in the building application17
10.06.2017Question about local building regulations10
04.08.2017Building application or building notification15
06.12.2017Constantly making the same mistakes in the building application - stupidity or intent?44
20.11.2020Wait with the building application because of the child construction allowance1354
11.05.2018Construction application costs only 40 euros due to exemption application?27
08.08.2018Neighbor objects after approved building application69
04.01.2019Terrain modeling different from the building application - allowed? (NRW)36
30.01.2021The building authority rejects the building application because the house is planned too far back86
09.05.2022Building application due to parking spaces not approved. What can happen?30
24.12.2021GU insolvency after acceptance - Open defects15
25.05.2022Garage is higher than in the building application.28
03.10.2022Building acceptance of new construction despite missing heat pump. Significant defects?50
03.03.2023Building permit application without height survey?15
10.03.2023Preliminary building approval positive, building application criticized position29

Oben