Division of land, division approval
Performance specification
Since 7 July 2018, the division of a property that is developed or whose development has been approved or that may be developed on the basis of an exemption from approval requires the approval of the building supervisory authority in accordance with Section 7 (1) sentence 1 of the Hessian Building Code (HBO) in order to take effect.
Section 7 (1) sentence 2 nos. 1 and 2 HBO regulates exceptions in which the division does not require approval by the building supervisory authority:
- If the division is carried out in administrative proceedings under public law (e.g. reallocation or expropriation proceedings) or if the federal government, the Land or a territorial authority to which the tasks of the lower building supervisory authority have been assigned is involved in the division, the division shall not be subject to approval.
- Furthermore, the division does not require approval by the building supervisory authority if a surveying body has certified that the division is unobjectionable under building regulations pursuant to section 15(2) sentence 1 of the Hessisches Vermessungs- und Geoinformationsgesetz (HVGG - Hessian Surveying and Geoinformation Act) of 6 September 2007 (GVBl. I p. 548), as last amended by the Act of 3 May 2018 (GVBl. p. 82).
Further information on division approval in accordance with Section 7 HBO can also be found in the new Building Submission Decree (Bauvorlagenerlass (BVErl) of 20 January 2022, valid from 1 March 2022).