Building projects in redevelopment areas: Apply for approval

To ensure that no factual or legal changes occur during an urban renewal project that could complicate the renewal process, certain measures within a formally designated renewal area are subject to prior approval.

Written approval from the municipality is required for

• the construction, alteration, change of use, or demolition of buildings or other structures,
• the implementation of significant or value-enhancing alterations to real property and structures,
• contractual relationships under the law of obligations regarding the use or occupation of a parcel of land (in particular, rent and lease),
• the sale of a parcel of land 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, modification, or termination of a building easement, or
• the subdivision of a parcel of land.

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

No authorization is required for

• projects in which the municipality or the redevelopment agency is involved,
• legal transactions intended to preempt statutory succession,
• projects that were approved prior to the formal designation of the redevelopment area,
• legal transactions for the purpose of national defense, and
• the acquisition by the relevant agency of real property that is subject to a proceeding under § 38 of the BauGB.

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.