Exemption from approval
Service description
According to Section 63 BauO NRW 2018, the construction, alteration or change of use of residential buildings in building classes 1 - 3, other buildings in building classes 1 - 4 as well as outbuildings and ancillary facilities for the aforementioned building types do not require planning permission if
- the building project is within the scope of a development plan
- the project does not contradict the provisions of the development plan and the local building regulations,
- no exception or exemption according to § 31 BauGB is required
- no deviation pursuant to Section 69 BauO NRW 2018 is required,
- the development is secured and
- the town of Kevelaer does not declare within a period after receipt of the building documents that the approval procedure is to be carried out.
If the city informs the developer in writing before the deadline that no approval procedure is to be carried out, the project may begin immediately. In order for the project to actually be exempt from planning permission, all of the above conditions must be met. In cases of doubt, the building supervisory authority should be consulted prior to construction, particularly in the case of questions regarding the provisions of the development plan or the project and development plan.
The building owner can apply for the above-mentioned projects not to be subject to the building permit exemption and for a building permit procedure to be carried out. In addition, building projects exempted from the building permit requirement in accordance with Section 63 BauO NRW 2018 must also comply with the building regulations. The responsibility for complying with building regulations lies solely with the client and the author of the design. The client must notify the building supervisory authority in writing at least one week in advance of the start of execution of an exempted project and provide the names of the site manager, the specialist site managers and the state-approved experts.
The ground plan area and the height of the structure must be marked out before construction begins. The building documents and the certificates of the experts in accordance with Section 63 (4) BauO NRW 2018 must be available at the construction site from the start of construction. Completion of the construction project must be reported to the building supervisory authority. Upon completion, certificates from state-approved experts must be available, insofar as the certificates were required, stating that they have satisfied themselves through random checks during construction that the structural installations have been erected or modified in accordance with the certificates of stability, sound insulation, thermal insulation and fire protection. The client and the subsequent property owners must keep the building documents, certificates and attestations.
Required documents
The building documents to be submitted for notification of exemption from planning permission are described in Section 13 of the NRW Building Inspection Ordinance. According to § 13 BauPrüfVO, the following building documents must be submitted to the municipality:
- Form "Submission in the approval exemption",
- the site plan, on a scale not smaller than 1 to 500,
- the construction drawings (floor plans, elevations, sections) at a scale of 1 to 100,
- a declaration by the author of the design that the project complies with fire protection requirements,
- Calculation of the degree of building use,
- mathematical verification of the height of the floor of the highest occupied room and
- Survey form for building statistics.
Special feature for apartment buildings (more than 2 apartments):
- Prior to the start of construction, the structural analysis, which has been checked by a state-approved expert for stability, and the proof of sound insulation and thermal insulation, which has been prepared by an expert, must be available. In the case of residential buildings in building class 3, a state-approved expert must also check and certify that the construction project meets the fire protection requirements.
Costs
A fee of €50.00 is charged for notification of the exemption from approval.
Applications / Forms
Exemption from approval must be applied for in writing using the relevant application forms and the necessary documents.
Further information
Applications / Forms