Division of land, division permit
Service description
Since July 7, 2018, the subdivision of a parcel of land that is developed, for which development has been approved, or that may be developed under an exemption from the permit requirement, requires, pursuant to Section 7(1), first sentence, of the Hessian Building Code (HBO), the division of a parcel of land that is built upon, for which construction has been approved, or that may be built upon under an exemption from the permit requirement must be approved by the building authority to be valid.
Section 7(1), second sentence, items 1 and 2 of the HBO set forth exceptions under which subdivision does not require approval by the building authority:
- If the division is carried out in administrative proceedings under public law (e.g., land readjustment or expropriation proceedings), or if the federal government, a state, or a local government to which the duties of the lower building supervisory authority have been delegated is involved in the subdivision, the subdivision is not subject to approval.
- Furthermore, the subdivision does not require approval by the building authority if a surveying office, pursuant to Section 15(2), first sentence, of the Hessian Surveying and Geoinformation Act (HVGG) of September 6, 2007 (GVBl. I, p. 548), as last amended by the Act of May 3, 2018 (GVBl., p. 82), has certified that the subdivision does not violate building regulations.
Further information on subdivision permits under § 7 HBO can also be found in the new Building Application Directive (Building Application Directive (BVErl) dated January 20, 2022, effective March 1, 2022).