With a preliminary building inquiry, you can clarify certain questions of public building law for a specific building project in advance and in a legally binding manner.
The preliminary building inquiry is therefore a procedure that allows you to obtain legally binding clarification on specific, key aspects of your building project even before you submit a building application. For example, questions regarding integration criteria outside of zoning plans or certain technical details can be clarified before submitting a building application.
The preliminary building decision therefore contains the binding written responses from the building authority to the specific questions posed, which comply with public regulations at the time of the decision. Unless the preliminary building decision is withdrawn or revoked, it is binding for the building permit process—provided that the project subsequently applied for is identical to the one in the preliminary decision. However, a preliminary building decision does not replace a building permit and does not authorize construction.
The preliminary building permit becomes invalid if a corresponding building application is not submitted within five years of its issuance. The validity period may be extended by two years at a time upon request.
Note
Please note that the preliminary building permit is only binding in the subsequent building permit procedure if the project is applied for unchanged.
Here you will find the most important questions and answers to the preliminary building application.
For which building projects is a preliminary building application possible?
You may only submit a preliminary building inquiry for construction projects that must be reviewed under thesimplified procedure pursuant to § 65 HBO or the full procedure pursuant to § 66 HBO.
Decisions regarding exemptions, exceptions, and deviations required as part of the preliminary building inquiry are issued as legally binding and anticipate the building permit procedure.
If your construction project is exempt from approval and you wish to receive a preliminary building permit decision, you must exercise your right to choose the procedure under Section 62(3) HBO and declare that the simplified procedure or the full procedure is to be carried out for your construction project. The procedure you select will then also apply to the subsequent building permit procedure.
Who can submit a preliminary building application?
In principle, anyone can submit a preliminary building application. However, if you are not the owner of the building plot, you must provide evidence of a legitimate interest. This is the case, for example, if you intend to buy a plot of land and want to clarify in advance whether the desired development is possible there.
It should be noted that, depending on the type of procedure being considered for the building project, there are also requirements for the building permit for preliminary building applications. For example, proof of authorization to submit building documents must be enclosed if required. See also FAQ "Which building documents must be submitted with a preliminary building application?".
What questions can be clarified?
What questions can be clarified as part of a preliminary building application?
The preliminary building application must relate to a specific project and contain specific questions. The individual questions about the building project must also be part of the legal provisions to be examined in the subsequent building permit procedure. This means that questions can be asked about both building planning law and building regulations law. However, for a project that is only subject to the simplified building permit procedure, for example, only those questions can be asked that are also to be decided on in the respective simplified building permit procedure.
The questions to which you would like a legally binding answer must be attached to the preliminary building application in a detailed list of questions. You will then receive a preliminary building permit for the preliminary building application, the determination of which is binding for the subsequent building permit procedure to the extent examined.
However, the preliminary building application does not replace the building permit procedure. Therefore, not all questions to be examined in the approval procedure can be the subject of the preliminary building application or the preliminary building permit. The final permission to carry out the building project is therefore also granted in the building permit procedure.
Is the neighborhood involved?
Is the neighborhood also involved as part of a preliminary building application?
If exemptions or deviations are applied for as part of the preliminary building application that affect neighbor-protecting interests (for example, exemption from the type of use specified in the development plan or deviation due to falling below the required clearance areas), the neighborhood is involved.
In the full procedure, a preliminary building application can also be submitted, for example, which serves exclusively to clarify the protection of neighbors. This results in a final settlement of the relationship with the neighbors. In the approval procedure, the neighbors cannot appeal against the building permit if the project to be approved complies with the preliminary decision.
Which building documents must be submitted?
Submit preliminary building applications digitally
Since December 1, 2025, you can submit your building applications, preliminary building inquiries and applications for deviations, exceptions and exemptions in accordance with the Hessian Building Code for projects in Wiesbaden exclusively digitally via the Hesse Building Portal.
Which building documents must be submitted with a preliminary building application?
The following list serves only as a guide to the building documents and information that you generally have to submit with a preliminary building application.
detailed questionnaire
Extract from the Commercial/Association Register
Power of attorney
Any existing easements (easement information)
Application for exemptions/waivers (Section 31 of the German Building Code (BauGB)) and/or deviations (Section 73 of the Hamburg Building Regulations (HBO)) BAB10
Property plan
Extract from the property record
Floor plans
Sections
Elevations
Informal description of construction and use
Calculation of gross floor area
In addition, the building documents required to answer the questions are also needed. We offer you a comprehensive and varied range of advice 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.
You are welcome to make an appointment with us for this.
How long is a preliminary building permit valid for?
The preliminary building permit becomes invalid if a corresponding building application is not submitted within three years of its issue. The period of validity can be extended by one year at a time upon application.
Please note that the preliminary building permit is only binding in the subsequent building permit procedure if the project remains unchanged.
We offer you a comprehensive and varied range of consulting services and are happy to advise you via 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.
