Is your planned project not exempt from planning permission and do the conditions for the notification procedure apply? If so, as the developer, you can choose between
- the notification procedure and
- the simplified planning permission procedure.
Under the notification procedure, you inform the relevant authority about the building project. If no one objects, you may commence work once a specified period has elapsed.
This procedure is appropriate if the building project complies with the provisions of the local development plan and also meets the other requirements under building law, in particular the State Building Regulations. Deviations, exceptions or exemptions – for example, from setbacks – are not permitted. Furthermore, it is quick and cost-effective.
The designer is responsible for ensuring that their design complies with public law regulations. The client is responsible for ensuring that the building authority receives the necessary information and documents. The construction work must not deviate from the plans submitted for notification. As a rule, you may commence building one month after the local authority has received the complete building documents.
If a project subject to the notification procedure requires a further decision – such as authorisation under the Heritage Protection Act – you, as the developer, must apply for this decision in addition to submitting the notification.
You can check whether heritage protection issues need to be taken into account for a building project by consulting the Digital Heritage Map of Baden-Württemberg, which is available on the BW Geoportal. Select the ‘Cultural Monuments’ map there and use the ‘Search by address, location or data’ function to locate your building plot. If any cultural monuments are listed there, the project may require a planning permission under heritage protection legislation. Further information can be obtained from the relevant local heritage protection authority.
A notification procedure is also possible
- if you wish to alter structures subject to the notification requirement or change their use, and
- the project remains subject to the notification requirement even after the alteration.
The same applies to the demolition of any structures, unless they are already exempt from the notification requirement.