Permit exemption procedure

You do not need a building permit for the construction or (change of use) of e.g. residential buildings with a height of up to 7 m. Instead of a building application, you must submit the necessary documents to the municipality.

Building projects are only exempt from approval if they are within the scope of a qualified development plan. In addition, your building project must not contradict the provisions of this development plan, the development must be secured and the building project must not require a deviation in accordance with Section 69 BauO NRW 2018. The municipality and the building supervisory authority are not obliged to carry out an inspection,

In the approval exemption procedure, you as the client (and those commissioned to assist you) bear the responsibility and the risk both for the existence of the requirements for the approval exemption and for compliance with the other substantive legal requirements for the building project.

If the conditions for exemption from approval are met, you have the right to choose whether you would prefer to have your building project examined in a building permit procedure.

The municipality can declare within one month of receiving the (complete) documents that a building permit procedure is to be carried out instead of the permit exemption procedure. It can also apply for a provisional prohibition in accordance with Section 15 (1) sentence 2 of the German Building Code (BauGB). If the municipality does not make use of this right, you may commence construction following a corresponding declaration by the municipality, but no later than 1 month after submission of the (complete) documents to the municipality.

Structures erected under the permit exemption procedure may only be used once they have been properly completed and are safe to use.

A copy of the building documents must be available at the construction site from the start of construction.

• § Section 63 of the 2018 State Building Regulations (exemption from approval)
• Regulation on building inspections (BauPrüfVO)
• General Administrative Fee Regulations (AVerwGebO NRW)

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.

• This is the construction, modification or change of use of one of the building projects listed in Section 63 (1) sentence 1 or (5) BauO NRW 2018 (e.g. a residential building with a height of up to 7 m).
• The building project lies within the scope of a qualified development plan
• The building project does not contradict the provisions of the development plan, i.e. it does not require an exception or exemption in accordance with Section 31 BauGB
• Development in accordance with the BauGB is secured (access, drainage, etc.)
• The building project does not require a deviation in accordance with Section 69 BauO NRW
• The municipality does not declare within one month of the complete submission of the required documents to the municipality that a building permit procedure is to be carried out or does not apply for a prohibition in accordance with Section 15 (2) BauGB.

As the building owner, you bear the responsibility and risk for ensuring that the building project complies with all public law regulations that stipulate how, where and what may be built.

Submit the documents to your municipality or city.

The documents must be complete and signed by you as the client and, for most buildings, by the designer (e.g. civil engineer or architect).

The municipality can declare within one month of receiving the (complete) documents that a building permit procedure is to be carried out. It can also apply for a provisional prohibition in accordance with Section 15 (1) sentence 2 of the German Building Code (BauGB). If the municipality does not make use of this right, you may commence construction following a corresponding declaration by the municipality, but no later than 1 month after submission of the (complete) documents to the municipality.

The ground plan area and the height of the structure must be marked out before construction begins.

The building supervisory authority must be notified in writing at least one month before the start of construction. Neighbors must also be informed of the construction project before construction begins.

Form for submission to the municipality (Annex I/3 to VV BauPrüfVO)

https://recht.nrw.de/lmi/owa/br_text_anzeigen?v_id=4420060110081829924

alternatively

https://www.bauportal.nrw/informationen-baurecht/weiterfuehrende-informationen/vordrucke-und-formulare

Contact person I Kevelaer - Wetten - Winnekendonk

Contact person I Kevelaer

Contact person I Kervenheim - Kervendonk

Contact person I Twisteden

• Building description (Annex I/7 to VV BauPrüfVO)