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

Are you planning a building project on a plot of land that is currently subject to a change ban to safeguard urban land-use planning? Then you can apply for a special permit if there are no overriding public interests to the contrary.

You can obtain an exemption from the change ban for your building project to safeguard the urban land-use planning if there are no overriding public interests to the contrary. The building permit authority will decide together with the municipality whether to approve your exception.

Examples of public interests:

• Monument protection
• nature conservation
• environmental protection
• Townscape and landscape

The following can be affected by a change ban:

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

The change ban does not apply:

• Projects that were approved under building law before the change ban came 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.

For building projects

• in formally defined redevelopment areas or
• in urban development areas

are subject to different regulations than building projects that are affected by a change ban to safeguard urban development planning. In this case, the building project must be approved by the municipality.

The lower building supervisory authority is generally responsible. This is the district administration, in independent and large towns belonging to the district, the municipal administration or the association municipality administration if it has been assigned building supervision tasks (Diez and Konz association municipality administrations).

• Contradiction

Rhineland-Palatinate: Objection and complaint.

There is no deadline.

There are no costs.