Division of land, division approval

Since 7 July 2018, the division of a plot of land which has been built on or whose development has been approved or which may be built ondue to an exemption from approval requires the approval of the building supervisory authority in accordance with section 7(1) sentence 1 of the Hesse Building Code (HBO) in order to be effective.

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).

You can also find further information on Telungsgenehmigung according to § 7 HBO in the new Bauvorlagenerlass (Building Documents Decree (BVErl) of 20 January 2022, valid from 1 March 2022).

• Decree on building documents