Building permit exemption procedure

The application and construction documents for the building project must be submitted to the responsible municipality.

The municipal administration responsible for the building plot, or in the case of municipalities belonging to an association, the association municipality administration.

The exemption procedure applies to the following projects:

1. Projects according to § 66 para. 1 sentence 1 nos. 1 and 10 LBauO, i.e. in the case of
   - Residential buildings of building classes 1 to 3, other buildings of building classes 1 and 2, excluding buildings within the meaning of Section 50 (special buildings), each including their ancillary buildings and facilities, and
   - building-independent systems for the use of solar radiation energy,
2. if they comply with the provisions of the development plan,
3. if the development is secured,
4. if the municipality does not declare that an approval procedure should be carried out,
5. if the project is not subject to an obligation to carry out an environmental impact assessment or a preliminary assessment under the law on environmental impact assessment, and
6. the project, due to its nature, size and location near or within a so-called major accident operation, does not fall within the scope of the so-called Seveso III Directive.

The exemption procedure also applies in accordance with points 3 to 6.

• in undeveloped inner areas according to § 34 BauGB for the alteration and change of use of attics for residential purposes including the construction of dormer windows in buildings as well as
• in the outer area for projects according to § 35 para. 1 no. 8 letter b BauGB for the construction and modification of facilities for the use of solar radiation energy.

For projects pursuant to Section 66 Paragraph 2 Sentences 1 and 3 of the State Building Code, i.e.,

1. Residential buildings of building classes 4 and 5 with the exception of high-rise buildings,
2. Buildings in building classes 3 to 5 which are used exclusively or in addition to residential use predominantly for freelance purposes within the meaning of Section 13 of the Building Use Ordinance (BauNVO) in the version published on 21 November 2017 (Federal Law Gazette I p. 3786) in the currently valid version, with the exception of high-rise buildings,
3. Buildings of building classes 3 to 5 which serve office or administrative purposes, including apartments according to Section 8 Paragraph 3 No. 1 BauNVO, with the exception of high-rise buildings,
4. Buildings used exclusively as garages with over 100 m² to 1 000 m² of usable area (medium garages),
5. Single-story workshop and storage buildings with a usable area of no more than 5,000 m² including required office and social rooms as well as apartments according to § 8 para. 3 no. 1 BauNVO and
6. for antenna systems including masts with a height of up to 50 m and necessary supply facilities

The exemption procedure will only be carried out at the request of the developer. Requirements 2 to 6 outlined above also apply.

Which construction documents must be submitted is determined in particular by the state ordinance on construction documents and structural engineering inspections. The application and the construction documents must be the responsibility of a draftsman who is authorized to submit building documents for applications for buildings.

Depending on the specific construction project, further documents, such as a declaration of structural engineering evidence such as proof of stability, must be submitted to the lower building supervisory authority before construction begins.

• State ordinance on fees and remuneration for official acts and services under building law (special fee schedule)
• State Ordinance on Fees for Official Acts of a General Nature (General Fee Schedule)

• Section 66 of the Rhineland-Palatinate State Building Code (BauO)
• Section 67 State Building Code of Rhineland-Palatinate (LBauO)
• State ordinance on building documents and structural testing (BauuntprüfVO)

The municipality's declaration does not constitute an administrative act. In the case of disputes concerning building supervisory orders, the options provided for in the Administrative Court Act (VwGO), i.e., objection and legal action, are available.