Building projects in redevelopment areas: Apply for approval

To ensure that no actual or legal changes are made during urban redevelopment that could have a negative impact on the redevelopment process, certain measures in a formally defined redevelopment area are subject to approval.

The written approval of the municipality is required for

• the construction, alteration, conversion or removal of buildings or other structures,
• making significant or value-enhancing changes to land and buildings,
• contractual relationships under the law of obligations regarding the use or utilization of a property (in particular rent and lease),
• the sale of a property and the conclusion of a corresponding contract under the law of obligations,
• the creation of a right encumbering the property (e.g. a mortgage) and the conclusion of a corresponding contract under the law of obligations,
• the creation, amendment or revocation of a building charge or
• the division of a plot of land.

In certain cases, the municipality may grant general approval for the formally defined redevelopment area or parts thereof. If this is the case, this general approval shall be made public.

No approval is required for

• Projects in which the municipality or the redevelopment agency is involved,
• Legal transactions for the purpose of anticipating legal succession,
• projects that were approved prior to the formal definition of the redevelopment area,
• legal transactions for the purpose of national defense and
• the acquisition of land included in a procedure in accordance with Section 38 BauGB by the party in need.

Since the municipality issues the permit, it also determines the amount of costs (fees, expenses, etc.) incurred.

The municipality must make a decision within one month of receiving the application. The deadline can be extended by a maximum of 3 months. Approval is deemed to have been granted if it is not refused within the deadline.

If a building permit is required, the building supervisory authority must make a decision no later than 2 months after receipt of the application. In this case, the deadline can be extended by a maximum of 2 months. Here too, the permit is deemed to have been granted if it is not refused within the deadline.