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Apply for planning permission

In principle, a building permit procedure must be completed before the construction or demolition of buildings. The scope of the inspection depends on the type of project. The larger and more complex the project, the more extensively it will be scrutinised by the building authority.

Even if building projects are not inspected by the building authority, they must comply with public law regulations. The building owner is responsible for ensuring that his project also complies with the regulations that have not been checked. They can entrust experts with this task and authorise them if necessary. For example, fire protection regulations must be complied with or the provisions regarding clearance areas must be observed, even if this is not explicitly checked by the building authority. It is also possible that provisions of the development plan, regulations of the state building code, monument protection regulations, water protection and landscape conservation area regulations or other regulations may conflict with the building project.

Please bear in mind that there are different building classes:

  • Building class 1:
    • free-standing buildings with a height of up to 7 metres and no more than two usage units of no more than 400 square metres in total
    • free-standing buildings used for agriculture or forestry
  • Building class 2:
    • Buildings (not free-standing) with a height of up to 7 metres and no more than two units of use totalling no more than 400 square metres
  • Building class 3:
    • other buildings with a height of up to 7 metres
  • Building class 4:
    • Buildings with a height of up to 13 metres and usage units of no more than 400 square metres each
  • Building class 5:
    • other buildings including underground buildings

You always need planning permission for buildings in building classes 4 and 5, with the exception of residential buildings and special buildings.

The simplified building permit procedure is not possible for these building projects.

Related forms and processes

Prerequisite

  • building project subject to authorisation
  • The project does not conflict with any public law regulations.

Responsible department

the lower building authority

Depending on the location of the building project, the lower building authority is the municipal/city administration or the district office.

Procedure

The building application with all the necessary building documents and the completed survey form for the statistics on construction activity is submitted electronically by the building owner to the responsible building authority via the online service provided by the authority (usually ViBa-BW at ). Deviations, exceptions and exemptions must be applied for separately.

The building authority checks within ten working days whether the building documents are complete and which other offices and departments need to be involved in the process. If the building documents are incomplete, the building authority will advise which additions are required. As soon as the building application and the building documents are complete, the expected date of the decision is communicated.

The building authority examines the building application. It hears the municipality, if it is not itself the building authority, and those bodies whose area of responsibility is affected. This is, for example, the monument protection authority if it is a cultural monument or the project has an impact on a neighbouring registered cultural monument.

If deviations, exceptions or exemptions are applied for that also serve to protect the neighbour, the municipality will notify the owners of the properties adjacent to the building plot (adjoining owners) within five working days of receiving the complete building documents at the instigation of the building authority. This gives them the opportunity to raise objections to the building project within four weeks.

Once all comments have been received and the building application has been reviewed, the decision is made: The building permit is granted, granted only with certain conditions and requirements or the building application is rejected.

Construction of the project may only begin once the building permit has been granted and the building permit, the so-called "red dot", has been issued.

Public-law building acceptance only takes place if the building authority has expressly ordered this.

Deadlines

none

Required documents

  • Site plan
  • Construction drawings
  • Building description
  • Representation of the site drainage *
  • Structural engineering certificates *
  • Declaration of proof of stability, if no structural inspection is required (§ 18 LBOVVO)
  • Name and address of the site manager, if one has been appointed *
  • Survey form for the statistics on building construction activity

The building documents marked with * can be submitted later. If necessary, the building authority may request further documents in individual cases or dispense with individual building documents. The documents must be submitted in archivable Portable Document Format (pdf/A) via the transmission channel specified by the building authority.

Costs

Depending on the regulations of the competent authority. Enquire there.

Processing time

  • Depending on the individual case and the number of organisations involved
  • Usually four months after the application has been received.

Miscellaneous

The building permit expires if you do not start construction work within three years of the permit being granted or if construction work has been interrupted for one year after this period.

The period can be extended by up to three years in each case with a written application.

Appeal

Lawsuit

Legal basis

Landesbauordnung (LBO):

  • § 43 Entwurfsverfasser
  • § 53 Bauvorlagen und Bauantrag
  • § 55 Nachbarbeteiligung
  • § 58 Baugenehmigung
  • § 59 Baubeginn
  • § 67 Bauabnahme, Inbetriebnahme der Feuerungsanlage

Verordnung der Landesregierung, des Ministeriums für Landesentwicklung und Wohnen über das baurechtliche Verfahren (Verfahrensverordnung zur Landesbauordnung -LBOVVO):

  • § 2 Bauvorlagen im Genehmigungsverfahren
  • § 4 Lageplan

Release note

Machine generated, based on the German release by: Ministerium für Landesentwicklung und Wohnen Baden-Württemberg, 01.04.2025