Division of land, division permit

Since 7.7.2018, the division of a plot of land that has been developed or whose development has been approved or which may be developed on the basis of an exemption from approval may be built on, requires the approval of the building supervisory authority in accordance with Section 7 (1) sentence 1 of the Hessian Building Code (HBO) in order to take effect.

Section 7 (1) sentence 2 no. 1 and 2 HBO regulates exceptions in which the division does not require the approval of the building supervisory authority:

- If the subdivision is carried out in administrative proceedings under public law (e.g. reallocation or expropriation proceedings) or if the federal government, the state or a regional authority to which the tasks of the lower building supervisory authority have been transferred is involved in the subdivision, the subdivision does not require approval.

- Furthermore, the division does not require approval from the building supervisory authority if a surveying office has certified that the division is unobjectionable under building regulations in accordance with Section 15 (2) sentence 1 of the Hessian Surveying and Geoinformation Act (HVGG) of September 6, 2007 (GVBl. I p. 548), last amended by the Act of May 3, 2018 (GVBl. p. 82).

Further information on division approval in accordance with Section 7 HBO can also be found in the new Building Submission Decree (Bauvorlagenerlass (BVErl) dated January 20, 2022, valid from March 1, 2022).