Building permit: Building measures that do not require a permit

The construction of buildings of building classes 1 - 3 (i.e. the unfinished floor of the living rooms is no more than 7 m above the ground surface), residential buildings up to the high-rise limit (the unfinished floor of the living rooms is no more than 22 m above the building surface) as well as ancillary buildings/buildings for these buildings which are located within the scope of a development plan do not require a building permit if

• the building project does not contradict the provisions of the development plan
• no exceptions or exemptions are required,
• no deviations from building regulations are required,
• the municipality has confirmed to the developer that the development is secured,
• the building owner has appointed a design consultant in accordance with § 57 of the Hessian Building Code (HBO),
• the proofs of stability have been prepared by a person authorised to provide proof and
• the proofs of sound and heat insulation have been prepared by an authorised person.

Instead of submitting a building application in these cases, it is only necessary for the building owner to submit the design, with the exception of the structural engineering proofs. More detailed information on this can be found in the Building Documents Decree. The structural engineering proofs must be submitted prior to the execution of the respective construction phases. Since no building permit is issued, the building owner alone is responsible for compliance with all requirements that his building project must fulfil. However, the building owner can demand that a building permit procedure be carried out for the above-mentioned construction measures.
Detailed explanations/requirements for the exemption from approval can be found under § 64 HBO.

Smaller, less significant structural installations listed in the Annex to Section 63 HBO do not require planning permission under certain conditions.