In the case of building projects that do not require planning permission, the client is responsible for ensuring that all public law regulations are complied with.
Overview of construction projects not requiring approval
Construction projects exempt from building permits are projects for which no building permit is required. They are defined in §63a (Demolition and Removal) and §63 of the HBO (Building Regulations) and the accompanying appendix. This applies to the construction, installation, or attachment of structural and other facilities and installations, as well as changes in use, which are listed in detail in the appendix to the HBO, including the necessary requirements.
Projects exempt from building permits that are, however, part of an overall project requiring a building permit must be reviewed as part of the building permit process and are therefore subject to approval. A project cannot therefore be split into a part requiring a permit and a part exempt from a permit.
However, the exemption from building permits does not relieve the building owner of the obligation to comply with the requirements of public law regulations (Section 62, Paragraph 2 HBO) or to have the project reviewed by qualified professionals or experts. Rather, anyone building without a permit is personally responsible for ensuring that all regulations applicable to the construction project—such as statutory setback distances, recognized rules of technology, and so on—are complied with.
Note: further necessary permits
If projects exempt from building permits are subject to other public law regulations—such as those governing nature conservation or historic preservation—the building owner is responsible for obtaining the necessary permits from the relevant authority. Therefore, even projects exempt from building permits may ultimately be deemed unlawful.
If there is to be a deviation from local building regulations or planning provisions of a zoning plan, a separate deviation decision from the building authority is required.
Here you will find the most important questions and answers regarding projects that do not require planning permission.
What are projects that do not require planning permission?
Examples of projects that do not require a building permit include
buildings without living quarters with a gross floor area of up to 30 cubic meters,
toilets and fireplaces with a gross volume of up to 30 cubic meters,
garages with a gross floor area of up to 50 square meters,
Alterations to structural components inside existing buildings that are not special structures,
Demolitions.
Legal basis: Sections 63, 63a HBO in conjunction with the Annex
Some projects that do not require a building permit may only be carried out under certain conditions. These are subject to a so-called exemption reservation. You can identify the exemption reservation in the appendix to the HBO by the phrase "subject to Section IV No. 1 (or/and 2, 3, 4, 5, 6)."
Reservation No. 1: Notification to the Municipality The responsibilities of the City of Wiesbaden in the building exemption procedure are carried out by the Building Authority. Thus, the relevant notification must be submitted to the Wiesbaden Building Authority if a building project exempt from a building permit is listed in the HBO appendix under the “reservation of Section IV No. 1 – Involvement of the Municipality.”
The required and complete building documents must be attached to the corresponding notification (see the section “Building Documents” below).
What other permits are required?
Which permits from other legal areas do you need for your building project?
Since the construction project is not subject to a permitting process, the building owner is responsible for ensuring compliance with all applicable public law regulations. For assistance and further information, please contact the building advisory service of the building authority.
Which permits from other legal areas do you need for your building project?
The Environmental Office of the City of Wiesbaden offers building owners, architects and developers construction advice in the field of the environment and supports them on the way to environmental testing and approval of a construction project.
The following permits, for example, may also be required for your building project:
The following list provides guidance as to which building documents must generally be enclosed with the notification of a building project not requiring a building permit under reservation 1.
You can find out whether these building documents also have to be submitted in your specific individual case from the building advice service of the building inspectorate.
Extract from the commercial/associations register/partnership agreement
Authorization to act (complete chain of signatures)
building encumbrances
Property plan
Extract from the property certificate
Floor plans
sections
Views
Informal description of building and use
Calculation of the gross room content
Calculation of the gross floor area and the usable area
Calculation of the degree of structural use
Proof that the building is not a full storey
When can the construction project begin?
For construction projects under Section 63, Appendix, Subject to Provision IV 1, you may begin construction if:
You have received confirmation from the building authority that no building permit procedure is required for your construction project.
You have not received a statement from the building authority within two weeks indicating that a building permit procedure must be conducted.
The two-week period begins upon receipt of your notification and the complete, required construction documents by the building authority. You can determine the start of the period from the confirmation of receipt.
No deadline applies to other projects that do not require a building permit.
We offer you a comprehensive and diverse range of consulting services and are happy to advise you by video conference, email or directly in person if you wish. Consultations on construction projects and the processing of construction projects take place according to regional responsibility.
Wiesbaden NordMitte, Nordost, Rheingauviertel/Hollerborn, Sonnenberg, Südost and Westend.
