Pre-construction inquiries give those interested in building the opportunity to legally secure the most important data before construction begins, which is why they are often called “small approval procedures.” Preliminary building inquiries allow builders to ask building inspectors questions about aspects of their proposed home construction that require final approval in the subsequent building application. The preliminary building decision represents a binding preliminary decision for the building project. Incidentally, the legally binding nature of the preliminary building permit is not regulated in the same way in every federal state, but serious deviations are unusual.
Is it worthwhile to submit preliminary construction requests?
Of course, it is worthwhile for interested parties to submit preliminary building inquiries, above all to increase their own planning security and to avoid unpleasant surprises. Future developers should consider preliminary building inquiries especially if it is not clear whether certain aspects of the planned project are possible under building planning law or if a qualified development plan does not yet exist. After all, it would be more than annoying for a developer to have already purchased a plot of land, for example, only to find out that partial aspects of the planned project cannot be realized with the public building code. However, if a qualified development plan exists, it is not normally necessary to submit a preliminary building application. In individual cases, however, it is possible that even the qualified development plan does not provide information on specific questions; in such cases, the preliminary building application can be used. Those who do not wish to submit a preliminary building application can also obtain answers on individual points during a simple appointment at the building office. In such a direct way can save time and money, because: The result of the preliminary building application can take up to 3 months and the costs amount to 50€-200€ for single-family houses. These costs may be reduced if the preliminary building application is rejected.
What belongs in the preliminary building application? Prospective builders must submit the following documentation for a complete preliminary building permit application:
Application for preliminary decision (corresponds to the form for the building application)
construction documents corresponding to the questions, in triplicate
Construction drawings with description of construction and use
Declaration of the building owner, or power of attorney of the owner or builder
List of all questions to be clarified, formulated as precisely as possible
Property plan
Extract from the land certificate
if there is a building encumbrance on the property, an excerpt from the building encumbrance register should also be attached
Who is allowed to submit preliminary building applications?
The preliminary building application can be submitted by the owner of the property to be built on or by a potential buyer. Third parties, such as a commissioned architect, would in turn need a power of attorney from the developer or property owner to submit the preliminary building application.
How long is the preliminary building permit valid?
Those interested in building usually receive a response to their preliminary building application within a few weeks. The preliminary building permit issued by the building inspectorate following the preliminary building permit application expires if no building application follows within the next three years or if the project described in the preliminary building permit application is changed.
What happens after a positive preliminary building decision?
A positive preliminary building permit does not yet entitle the developers to start with the planned construction or the partial aspects discussed in the preliminary building permit application. This is only possible when the building permit has also been issued. However, this can usually be issued more quickly following a positive preliminary building permit.
It should be noted that the building application, unlike the preliminary building application, may only be issued by a design author authorized to submit building documents, i.e. usually the planning architect.
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