Show building project in the notification procedure

Is your planned project not exempt from procedure and do the requirements for the notification procedure apply? Then you as the client can choose between

• the notification procedure and
• the simplified building authorisation procedure.

In the notification procedure, you inform the competent authority about the building project. If no-one has any objections, you can start work after a deadline has expired.

The procedure makes sense if the building project complies with the provisions of the development plan and the other building regulations, in particular the state building regulations, are also complied with. Deviations, exceptions or exemptions, for example from spacing regulations, are not possible. It is also quick and inexpensive.

The author of the design is responsible for ensuring that his design complies with public law regulations. The client is responsible for ensuring that the building authority receives the necessary information and documents. The construction work may not deviate from the designs submitted for approval. As a rule, you can begin construction one month after the municipality has received the complete building documents.

If another decision is required for a project in the notification procedure, such as a permit under the Monument Protection Act, you as the building owner must apply for this decision in addition to the notification.

The Digital Monument Map of Baden-Württemberg, which is available on the Geoportal BW, can be used to determine whether monument protection issues need to be taken into account in the area of a building project. Select the "Cultural monuments" map there and navigate to your building site using the "Search for addresses, locations, data". If cultural monuments are listed there, the project may require authorisation under monument law. Further information can be obtained from the relevant Lower Monument Protection Authority.

A notification procedure is also possible,

• if you want to change facilities that require notification or change their use and
• the project is still subject to notification even after the change.

The same applies to the demolition of all installations if they are not already exempt from the procedure.

• Site plan
• Construction drawings
• Building description
• Representation of the site drainage
• Declaration on the proof of stability
• Confirmations from the author of the design and the preparer of the site plan
• Confirmation from the client that he has assumed responsibility for the project
• Name and address of the client and the site manager, if one has been appointed

The documents must be submitted in archivable Portable Document Format (pdf/A) via the transmission channel specified by the building authority.

• Your building project is not exempt from procedure.
• The building project lies within the scope of a development plan that contains at least the following stipulations
  • the type (e.g. residential, commercial) and
  • the extent (size) of the building utilisation,
  • the areas of land that can be built on and
  • the local traffic areas.
• The project must not contradict the provisions of the development plan.
• It is one of the following building projects:
  • a residential building
  • a detached building with a height of up to 7 metres and no more than two units of use totalling no more than 400 square metres (building class 1 according to the state building regulations), excluding restaurants
  • a detached building used for agriculture or forestry (building class 1 according to the state building regulations),
  • a building with a height of up to 7 metres and no more than two units of use totalling no more than 400 square metres (building class 2 according to the state building regulations), excluding restaurants,
  • one other building with a height of up to 7 metres (building class 3 according to the state building regulations), excluding restaurants,
  • other structures that are not buildings
  • an outbuilding and ancillary facilities for the above-mentioned projects, such as garages
• This is not a special building.

Landesbauordnung (LBO):

• § 42 Pflichten des Bauherrn
• § 43 Entwurfsverfasser
• § 51 Kenntnisgabeverfahren
• § 53 Bauvorlagen und Bauantrag

Verordnung der Landesregierung, des Ministeriums für Landesentwicklung und Wohnen über das baurechtliche Verfahen (Verfahrensverordnung zur Landesbauordnung - LBOVVO):

• § 1 Bauvorlagen im Kenntnisgabeverfahren

• Lawsuit

The required building documents and the completed survey form for the statistics on construction activity are submitted electronically by the building owner to the responsible building authority via the online service provided (usually ViBa-BW):

• The building law authority checks within five working days whether the building documents are complete, whether the development of the project is secured, whether there is an obstructing building encumbrance and whether the project is within the scope of a development statute, a conservation statute or a redevelopment area.
• If this does not result in any restrictions under building law, the building authority will notify the date of complete receipt.
• Otherwise, it will inform the building owner and, if applicable, the municipality of the existing restrictions that need to be rectified.

Prior to the start of construction, the building owner is responsible for having the structural engineering certificates checked by an expert, for having the floor plan and height of buildings on the building plot determined by an expert and for submitting technical information on combustion systems and stationary combined heat and power plants and combustion engines in buildings to the authorised district chimney sweep.

If all adjoining owners and other neighbours have given their written consent, you may begin construction two weeks after the building authority has received the complete building documents.

Otherwise, you may generally begin construction one month after receipt of the complete building documents by the building authority.

The competent authority may charge a fee for the confirmation of receipt. You must also pay for the decision on a deviation, exception or exemption from public law regulations.

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