§64 HBO - Exemption from Permits
If a qualified or project-specific zoning plan exists for an area, the municipality has already made the fundamental decision regarding the permissibility of construction projects. Structures and buildings that are not special structures may be erected without a building permit if these construction projects fully comply with the zoning plan, the HBO, and local building regulations. However, no exemption from the permit requirement may be claimed for projects within the scope of a simple zoning plan, in unplanned inner areas, or in outer areas.

For projects exempt from building permits, utility connections must also be secured and must actually be in place and usable by the time the structure is put into use at the latest.
Section 64 of the HBO defines projects exempt from building permits in the context of construction, alteration, or change of use.

§ 64a HBO - Extended Exemption from Building Permits for the Construction of Residential Buildings
Until December 31, 2030, § 64(1), sentence 1, nos. 2 through 5, and paragraphs 2 through 5 of the HBO also apply accordingly to the construction of residential buildings in unplanned inner areas pursuant to § 34 of the Building Code.

In such cases, the building authority has the option to request a building permit procedure within one month after receiving the required construction documents.

In cases under Section 64a HBO, a site integration study is required as part of the building application.
Section 64a HBO defines the extended exemption from building permits for the construction of residential buildings.

Notes:
The exemption from the permit requirement does not relieve the applicant of the obligation to obtain permits required under other laws. For example, issues related to historic preservation or nature conservation laws may be affected. In such cases, the relevant permits must be obtained from the competent authorities.

A construction project that is actually subject to the exemption from approval may, at the applicant’s request, be reviewed in a building permit procedure (option under Section 62(3) HBO), either through the simplified procedure or the full procedure; both are available.

The declaration that a simplified building permit procedure or a building permit procedure (full procedure) is desired must be submitted by making the appropriate indication on the back of building application form BAB 01 from the Building Documentation Decree.

However, the correspondingly higher fees for the simplified approval procedure or the full procedure will also be charged.

Building Documents
Even for a construction project that meets all requirements for exemption from approval, the law requires the submission of the necessary building documents to the municipality. The Wiesbaden Building Authority is responsible for this. The required building documents correspond to the building permit procedure and depend on the scope of the project. The Building Authority must be able to assess the project based on these documents. However, the Building Authority is not obligated to review the documents.