Urban redevelopment measure; application for authorisation

A building in a formally defined redevelopment area is to be refurbished.

Activities requiring authorisation:

• Construction, modification or change of use of a building that requires a building supervisory authorisation or that must be reported to the building supervisory authority
• Significant or substantially value-enhancing changes to properties and structures whose changes do not require planning permission, approval or notification
• Removal of structures (demolition)
• Agreements by which a contractual relationship under the law of obligations regarding the use or utilisation of a property, building or part of a building is entered into or extended for a fixed period of more than one year, e.g. rental or lease agreements
• Legal sale of a property
• Creation and sale of a heritable building right
• Creation of a right encumbering the property, e.g. easements, rights of first refusal in rem, usufructuary rights, permanent residential or usage rights in accordance with the Residential Property Act, mortgages, land charges
• Establishment, amendment or cancellation of a building obligation
• Division of a property that leads to a change in property boundaries

If the authorisation is granted by the municipality, a decision on the authorisation must be made within one month of receipt of the complete application, with the possibility of extending the authorisation period by a maximum of three months.

If the authorisation is granted by the building permit authority in agreement with the municipality - in cases where a building permit or, in its place, a building permit is also required - a decision must be made within two months of receipt of the application by the building permit authority. In this case, the authorisation period can be extended by a maximum of two months.

The processing period in both cases is therefore a maximum of four months in total.

Upon receipt of any additional documents requested, the application shall be deemed to have been resubmitted and the respective deadline shall only begin to run from this point in time.

If the examination of the application cannot be completed within this time, the deadline must be extended before its expiry by the time necessary to complete the examination. The above-mentioned maximum extension periods must be observed. The authorisation is deemed to have been granted if it has not been refused within the time limit.

• § Section 144 of the German Building Code (BauGB)
• § Section 145 of the German Building Code (BauGB)

The application for authorisation must be submitted in writing. All documents required for the assessment of the project or legal transaction must be enclosed. The documents to be submitted depend on the type and scope of the project or legal transaction to be authorised and can be obtained from the municipality in case of doubt. In the case of legal transactions, the notarised deed or the relevant contract must be submitted.

The redevelopment permit does not replace the planning permission for projects requiring planning permission, but is added to the planning permission as a special separate redevelopment permit. The redevelopment licence is one of the public law regulations that may not conflict with a project. No planning permission may be granted before a redevelopment licence has been issued.