Exemption from Approval/Exemption Procedure

The construction, alteration, or change of use of structures that are not special structures and are located within the scope of a zoning plan does not require a building permit if

• the construction project does not conflict with the provisions of the zoning plan
  
  
• no exceptions, deviations, or exemptions under building codes or planning laws are required (e.g., setback requirements) and
  
  
• access is guaranteed.

The exemption from planning permission also applies to alterations or changes in use of attic spaces for residential purposes, including the construction of dormers, within areas subject to planning regulations.

In the cases mentioned above, instead of filing a building permit application, the required construction documents must be submitted to the building authority as part of a notice of construction. The building authority and the municipality, which is involved through the building authority, are under no obligation to review the documents. If the municipality does not notify the building authority that a permitting process is to be conducted, the building owner will receive notification that construction may begin. If the municipality requires a permitting process, the building owner will receive the corresponding notification from the building authority. Since no building permit is issued, the building owner bears sole responsibility for ensuring that the construction project complies with all applicable requirements.

In principle, the building owner has the option of requesting that a building permit process be carried out for the construction work. In addition, the building owner is responsible for obtaining permits required under other laws (e.g., nature conservation and historic preservation).

In addition, a special provision will remain in effect through December 31, 2030, under which an exemption from the permit requirement is also possible for the construction of residential buildings in unplanned inner-city areas. This is subject to the condition that the construction project, in terms of its nature and design, blends in with the immediate surroundings and that the municipality or the building authority does not require a permitting process to be carried out.