Dienstleistungsportal Bayern

Description

Prerequisites

A building in a formally designated redevelopment area is to be rehabilitated.

Activities requiring a permit:

• Erection, alteration or change of use of a building structure that requires a building permit or that must be reported to the building supervisory authority.
• Substantial or substantially value-increasing alterations to land and building structures, the alterations of which do not require a building permit, approval or notification to the building supervisory authority
• Removal of structural facilities (demolitions)
• Agreements by which a contractual relationship under the law of obligations concerning the use of a plot of land, building or part of a building is entered into or extended for a fixed period of more than one year, e.g. rental or lease agreements
• legal sale of a plot of land
• creation and sale of a hereditary building right
• Creation of a right encumbering the property, e.g. easements, rights of first refusal in rem, usufructuary rights, permanent residence rights or rights of use under the Residential Property Act, mortgages, land charges
• Establishment, amendment or cancellation of a building encumbrance
• division of a plot of land leading to a change in the boundaries of the plot of land

Procedure

The application for approval must be submitted in writing. All documents required to assess the project or legal transaction must be enclosed. The documents to be submitted depend on the type and scope of the project or legal transaction to be approved and can be obtained from the municipality in case of doubt. In the case of legal transactions, the notarial deed or the relevant contract must be submitted.

Special notes

The redevelopment permit does not replace the building permit for projects requiring a building permit, but is added to the building permit as a special separate redevelopment permit. The redevelopment permit is one of the public law regulations that may not conflict with a project. No building permit may be issued prior to the issuance of a redevelopment permit.

Deadlines

A decision on approval must be made within one month of receipt of the complete application. Upon receipt of any subsequently requested documents, the application shall be deemed to be newly submitted and the time limit shall not begin to run until that time.

If the examination of the application cannot be completed within this period, the period shall be extended before its expiration by the time necessary to allow the examination to be completed. The extension of the time limit shall not exceed three months. The permit shall be deemed to have been notionally granted if it has not been refused within this period.

Fees

• none

Legal bases

• § 145 Baugesetzbuch (BauGB)

Remedy

Lawsuit