Applying for an exemption from a change ban to safeguard urban land-use planning

You can apply for an exemption from a change ban to safeguard urban land-use planning if there are no overriding public interests to the contrary.

An exception to the change ban to safeguard the urban land-use planning can be permitted if there are no overriding public interests to the contrary. The decision on exceptions is made by the building permit authority together with the municipality.

The following can be affected by a change ban

• Construction, alteration, change of use of building structures,
• large-scale backfilling and excavation,
• excavations, deposits including storage sites,
• removal of building structures,
• significant or substantially value-enhancing changes to land and buildings, the changes to which are not subject to approval, consent or notification.

In the case of projects in the formally defined redevelopment area or in the urban development area, the provisions of a change ban to safeguard urban land-use planning do not apply. Here, approval must be obtained from the municipality.

The change ban to safeguard urban land-use planning does not apply:

• Projects that have been approved under building law before the change ban comes into force,
• Projects of which the municipality is aware and the execution of which could have begun before the change ban came into force,
• maintenance work and the continuation of a previously practiced use.

Building permit authority

• Application for exceptional approval for a change ban to safeguard urban land-use planning

• Forms/online services available: yes
• Written form required: No
• Informal application possible: Yes
• Personal appearance necessary: No

Exceptions to the change ban may be permitted if there are no overriding public interests to the contrary.

• Contradiction

• You submit the completed application for exemption from a change ban to secure the urban land-use planning to the responsible building permit authority.
• If documents are missing or other ambiguities exist, you will be asked to rectify these obstacles to assessment.
• In this case, submit the missing or amended documents and/or the clarification.
• The building permit authority will review your application.
• If all requirements for the granting of an exemption permit are met, the building permit authority will make a final decision together with the municipality.
• If this decision is positive, you will receive a notice of exemption.

• none

• none