Construction project not subject to the standard permitting process; application for an exemption during a moratorium on changes to ensure compliance with urban planning regulations

Construction projects that do not require a building permit are those that do not require a building permit. You may proceed with construction as long as there is no moratorium on changes.

However, for your construction project that does not require a permit, you may be granted an exemption from the moratorium on changes intended to safeguard urban land-use planning, provided that there are no overriding public interests that would preclude it. The building permit authority, in consultation with the municipality, will decide whether to grant your exemption.

Examples of public interests:

• Historic Preservation
• Nature Conservation
• Environmental Protection
• Townscape and Landscape

The following may be affected by a change freeze:

• Construction, alteration, or change of use of structures,
• Large-scale earthworks and excavations,
• Excavations, deposits, including mineral deposits,
• Removal of Structures
• significant or substantial improvements to real property and structures, provided that such improvements are not subject to approval, consent, or notification requirements.

The following are not affected by the change freeze:

• Projects that were approved under building codes before the moratorium on changes took effect.
• Projects of which the municipality is aware and for which construction could have begun before the moratorium on changes took effect.
• Maintenance work and the continuation of a previously established use.

For Construction Projects

• in officially designated redevelopment areas or
• in the urban development area

Different regulations apply than those for construction projects affected by a moratorium on changes intended to safeguard urban land-use planning. In such cases, the construction project must have been approved by the municipality.

Statewide Addendum

You are planning a construction project on a property that does not require a building permit, but which is currently subject to a moratorium on changes to ensure compliance with land-use planning regulations.

Statewide Addendum

There are no costs involved.

• Section 14 of the Building Code (BauGB)

• Objection

Statewide Addendum

You must apply to the relevant municipality for an exemption from the moratorium on changes to ensure compliance with the land-use plan.

There are no notes or special considerations.