The simplified permitting procedure must be followed for the construction, alteration, and change of use of structures, provided that they are not exempt from permitting or subject to the exemption procedure. Furthermore, the simplified building permit procedure does not apply to special structures.

In the simplified building permit procedure, it is determined

• if you intend to construct the building project outside the scope of a zoning plan,
• if deviations, exceptions, or exemptions are required,
• if the municipality declares that a building permit procedure is necessary,
• at the request of the building owner instead of an exemption from the permit requirement.

The legal basis for the simplified building permit procedure is §65 HBO.

You may state that your construction project, which would normally fall under the simplified procedure pursuant to §65 HBO, should be reviewed under the full procedure pursuant to §66 HBO.

The building authority primarily reviews the project’s compliance with planning regulations, as well as the site’s suitability for development and its infrastructure. The following
are reviewed:

• admissibility in accordance with the zoning plan (which, for example, specifies how a property may be developed; it sets forth provisions regarding the type and extent of building use, the permissible number of stories, and the permissible building design), including exceptions and exemptions, as well as other provisions of the Building Code, such as Sections 34 or 35.
• Requested deviations pursuant to Section 73 of the Building Code (HBO).
• Admissibility under other public law regulations, if the building permit replaces or renders unnecessary a decision under these regulations. This includes, for example, historic preservation or permits for interventions under nature conservation law. This is explicitly regulated in the respective specialized laws, for example in the Historic Preservation Act (HDschG §9(3)).

Public law provisions whose compliance is examined in another or separate approval, permit, or other authorization procedure and which do not stem from building and planning law are not included in the scope of review of the simplified procedure under the HBO. (For example, compliance with the tree protection ordinance) 

In the simplified building permit procedure, compliance with ancillary building law is also checked, such as monument protection, nature and species protection, water and soil protection or immission control. Accordingly, a building permit can also include the necessary approval of ancillary building law (e.g. approval under monument protection law). If the building project contravenes the relevant specialist law, the building permit will be refused.

Ancillary building law includes
Monument protection

• Soil protection for imported material in quantities of 600 cubic meters or more (landscaping)
• Protection against harmful environmental impacts
• Aircraft noise protection in military protection zones at Erbenheim Airport
• Highway law regarding the construction and modification of structures within the construction prohibition zones of federal highways
• Veterinary matters regarding animal husbandry
• Mining regulations for structures in restricted construction zones
• Nature conservation regarding interventions in nature and the landscape
• Railway law regarding the construction of structures near railway lines
• Aviation law regarding the construction of structures in airport construction protection zones
• Water law regarding the construction and expansion of structures in floodplains and riparian zones

The limited scope of review is also associated with a limited scope of approval or declaratory effect of the building permit. Consequently, it does not address other public law regulations relevant to the project, such as the substantive building law of the HBO. The building owner or the designers must ensure on their own responsibility that the regulations not reviewed are also complied with. In rural areas, for example, this includes nature conservation—here, the Environmental Agency or the Office for Rural Areas is responsible. Additionally, in some cases involving pollution, the Regional Council (RPDA) must be consulted.

The building authority may reject a project if it determines that the project cannot be lawfully constructed because public law regulations are being violated, even if these are not included in the scope of the simplified approval process.

In order to submit an application for a simplified building permit procedure, the author of the design must be authorized to submit building documents.

Limited (minor) authorization to submitbuilding documents
Graduates with a state-recognized Bachelor's degree (six or eight semesters) in the fields of structural engineering and interior design as well as civil engineering, master craftsmen in the main construction trade and construction technicians have limited - also known as minor - authorization to submit building documents in Hesse. They are authorized to submit building applications for

• Residential buildings with no more than two apartments and a maximum total living space of 200 square meters,
• single-storey commercial buildings with a maximum gross floor area of 200 square meters and a wall height of three meters,
• smaller agricultural buildings in building classes one to three up to 200 square meters of gross floor area on the first floor,
• Garages up to 200 square meters of floor space.

Special building design authorization for interior designers

Persons who are entitled to use the professional title of interior designer under the Hessian Architects and Town Planners Act are authorized to submit building proposals for the structural alterations to buildings associated with this professional task in addition to the small building submission authorization. Questions regarding the interpretation of this definition of professional tasks or the existence of this building design authorization must be clarified before a specific building permit procedure is carried out.

Unrestricted (major) authorization to submit building documents
Persons who are entitled to use the professional title "architect" or are entered in the list of engineers authorized to submit building documents are generally authorized to submit building documents for all construction projects.

The building authority must decide on the building application—that is, grant or deny the building permit—within three months of receiving the complete application. The three-month period does not begin until the building authority has actually received all the required documents and has confirmed their receipt.

Note:
A building application must be accompanied by all construction documents and forms necessary for the assessment of the project and the processing of the application. For example, a building application is incomplete if a required application for an exception, exemption, or deviation is missing.

If the missing documents are not submitted by the building owner within the specified time frame despite a request for additional information from the building authority, the building authority will reject the application due to incompleteness. This concludes the process, and a new building application must be submitted.

The building permit is deemed to have been granted by law, i.e. the fictitious building permit is deemed to have been granted if no decision has been made on the building application within this period; this does not require written confirmation from the building inspectorate that the fictitious building permit has been granted. The fictitious building permit is equivalent to an actually granted building permit.

The building permit expires if construction work has not begun within five years of its issue or if construction work has been interrupted for one year.

The building permit can be extended for up to two years at a time upon application. This application can be submitted informally to the building inspectorate, stating the file number. Please ensure that the application is received by the building inspectorate in good time before the building permit expires.

An extension is generally no longer possible if the law has been amended in the meantime or other framework conditions have changed.

Notification of the start of construction and completion
The building inspectorate must be notified of the start of construction at least one week in advance (notification of start of construction BAB 17). This notification must also be accompanied by the required structural engineering certificates (see below) and the names of those involved in the construction work. The certificates to be obtained or submitted from authorized certifiers or experts depend on the relevant building class of the respective construction project.

Completion of the building shell and final completion of the building must be notified to the building inspectorate at least two weeks in advance, stating the date of completion.

Use before completion
If you wish to use your building before completion, you must notify the building inspectorate at least one week in advance. Early use is only permitted if the project can be sensibly divided into construction phases and these can be safely used individually. In addition, the parking spaces required for the use must have been created. This must be submitted together with the notification of early commissioning, as well as the necessary structural engineering evidence. Otherwise, the building inspectorate will prohibit use within one week due to concerns about public safety and order.

Please use the forms from the building permit decree for the respective notifications.

Structural Engineering Documentation
Before construction begins, and at the latest before work on the respective construction phases commences, the necessary structural engineering documentation must be submitted to the building inspectorate.
This includes, for example:

• proof of preventive fire protection
• proof of structural stability
• proof of sound insulation
• certification for energy generation systems

In addition, the conditions specified in the building permit—such as approval from the explosive ordnance disposal service—must be observed, and the corresponding documentation/certificates must be submitted if required.