Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for a preliminary decision

Description

If you have individual legal questions about the admissibility of your building plan and have not yet submitted a building application, you can submit a preliminary building request.

This makes sense, for example, if it is unclear whether you will be allowed to realize your construction project on the intended property.

In the preliminary building enquiry, formulate your question so clearly that a clear answer is possible.

You will then receive a preliminary building permit for your question.

special notes for District-free City Halle (Saale), Stadt

Preliminary decisions are issued on individual questions of a building project subject to building permit before the actual building application is submitted in accordance with § 74 of the Building Code.

Prerequisites

The application for a preliminary ruling must be submitted in writing or digitally using the officially prescribed form.

Required documents

Application for a preliminary decision (digital or written)

To the extent necessary for the assessment, the following shall also be required:

Excerpt from the official property map (not significantly older than 3 months)
Site plan
Construction drawings
Specifications
Proof of stability
Fire protection concept
Information on secured development

Please ask the lower building supervisory authority responsible for you which documents you need to submit to decide on your specific questions.

special notes for District-free City Halle (Saale), Stadt

Required documents

completed application form
(Link to form of the state of Saxony-Anhalt - application for preliminary ruling)
Site plan including presentation of the planned construction project
Excerpt from the real estate cadastre for the building plot (not older than 6 months)

and, depending on the question, further documents, such as

Construction drawings
Statements on the intended type of use
Documents on fire protection issues
Statements on the supply of water and energy, on the disposal of wastewater and on traffic development

Fees (costs)

between EUR 75.00 and 2,500

Emission: 50,00 - 1875,00 EUR
Payment in advance: No
https://www.landesrecht.sachsen-anhalt.de/bsst/document/jlr-BauGebVST2006V6Anlage1
The amount of the fee depends on the scope of the testing effort. Up to half of the fee for the preliminary decision is to be credited against the building permit fee, provided that the minimum fee for the building permit is not undercut.

special notes for District-free City Halle (Saale), Stadt

The fee is levied on the basis of the Building Fees Ordinance of the Land of Saxony-Anhalt.

Deadlines

After you have received the preliminary decision, you can start your construction within 3 years with a valid building permit.
You can apply for an extension of the preliminary decision for up to 1 year.

Processing time

special notes for District-free City Halle (Saale), Stadt

The processing usually takes place within 3 months after receipt of the request, depending on the content problem.

Legal remedy

You can file an objection.

Responsible body

The lower building supervisory authorities of the state of Saxony-Anhalt are responsible. These are the districts, independent cities and the cities belonging to the district of Stendal, Köthen, Naumburg, Zeitz and Weißenfels.

Applications / Forms

Forms available: Yes
Written form required: No
Informal application possible: No
Personal appearance required: No
Online services available: Yes

Application for a preliminary ruling

Procedure

Submit your application for a preliminary decision (digital or written) to your responsible lower building supervisory authority.
The lower building supervisory authority examines your application and involves the municipality and necessary bodies.
You will then receive the preliminary decision and a fee notice. Pay the fees

special notes for District-free City Halle (Saale), Stadt

The application must be submitted in writing and in 2 copies.

Further information

special notes for District-free City Halle (Saale), Stadt

Additional Notes

With the preliminary decision, individual questions about a (concrete) construction project can be clarified before submitting a building application. This may concern, for example, the admissibility under planning law (according to the Building Code and Building Use Ordinance) of a building of a specific size and a concrete use on a property. The draftsman was to be commissioned with the preparation, who would later also prepare the building application.

In Saxony-Anhalt, application forms are mandatory. (see required documents)