Source: BUS Sachsen-Anhalt (Linie6Plus)

Apply for a preliminary decision

Description

If you have individual legal questions about the permissibility of your building project and have not yet submitted a building application, you can submit a preliminary building inquiry.

This is useful, for example, if it is unclear whether you are allowed to realize your building project on the planned plot.

In the preliminary building application, you 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)

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 decision must be submitted in writing or digitally using the officially prescribed form.

Required documents

Application for preliminary decision (digital or written)

If also required for assessment:

Extract from the official real estate map (not significantly older than 3 months)
site plan
construction drawings
Building description
Proof of stability
Fire protection concept
Information on the secured development

Please contact your local building supervisory authority to find out which documents you need to submit for a decision on your specific questions.

special notes for District-free City Halle (Saale)

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 inspection work. Up to half of the fee for the preliminary decision is to be offset 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)

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

Deadlines

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

Processing time

special notes for District-free City Halle (Saale)

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

Legal remedy

You can lodge an objection.

Responsible body

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

Applications / Forms

Informal application possible: No
Personal appearance necessary: No
Online services available: Yes

Application for preliminary decision

Procedure

Submit your application for a preliminary decision (digitally or in writing) to your local building supervisory authority.
The lower building supervisory authority will review your application and involve the municipality and necessary authorities.
You will then receive the preliminary decision and a notification of fees. Pay the fees

special notes for District-free City Halle (Saale)

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

Further information

special notes for District-free City Halle (Saale)

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)