Property division approval

In order to divide a developed property or a property whose development has been approved or which may be developed on the basis of an exemption from approval, and to be able to enter the resulting new properties in the land register, you require a division permit. The building supervisory authority in whose jurisdiction the property to be divided is located will decide on your division application. Please note that any conditions contrary to building law that arise as a result of the division must be eliminated during the application process. This can be done, for example, by declaring and registering building encumbrances.

Approval is not required if

• the division is carried out in administrative proceedings under public law or the federal government, the federal state or a regional authority is involved in the division, or
• a person authorized to perform the tasks has certified that the division is unobjectionable under building regulations.

If the division does not require approval, the building supervisory authority must issue a certificate upon application by the parties involved. The certificate is equivalent to a permit.

• § Section 7 of the 2018 State Building Regulations (division of properties)
• §17 Ordinance on building inspections (BauPrüfVO)
• General Administrative Fee Regulations (AVerwGebO NRW)

• Official site plan at a scale of 1:500 showing, among other things, the legal boundaries and the existing structures on the property to be divided as well as the boundary distances, spacing areas and distances between the structures on the property to be divided and the new boundaries (division line) highlighted in color.
• Construction drawings of the existing structures, insofar as they are required to assess the application (scale 1:100).

The documents must be submitted in duplicate.

The official site plan is drawn up by a publicly appointed surveyor.

Approval of the division is only required for developed properties or properties whose development has been approved or which may be developed on the basis of an exemption from approval.

Approval may only be refused if the division creates conditions that contravene the provisions of BauO NRW 2018, the regulations issued on the basis of this Act or the provisions of the development plan.

Send your application to the lower building supervisory authority. If a division permit is granted or a negative certificate is issued, you will receive this and the notification of fees in writing.

If no subdivision permit is required, you can apply to the building supervisory authority for a so-called negative certificate to be issued. This confirms to you that your planned division does not require approval or is deemed to be approved. A fee of EUR 50 is charged for issuing the negative certificate.

• Application for permission to divide land or issue a negative certificate