Preliminary building permit

The preliminary decision is an important instrument for building owners and architects to clarify the permissibility of a project in terms of building planning or building regulations.

Prior to submission of the building application, a preliminary decision is to be issued on individual questions of the building project at the request of the building owner. The applicant determines the content and scope of the examination by the questions he poses. Depending on the scope of the preliminary decision, the applicant shall submit the necessary construction documents.

Sections 67 to 70, 71 (1) to (5) and Section 72 (2) sentence 2 of the Thuringian Building Code (ThürBO) apply accordingly.

In contrast to a legally non-binding information of the building supervisory authority, the preliminary decision is a formal and written administrative act of the building supervisory authority with binding effect. It can therefore be contested by means of an objection and a complaint and is also valid for and against the legal successor.

The preliminary decision is the anticipated part and excerpt of the building permit to be issued later. However, in contrast to the building permit, the preliminary decision does not entitle the holder to commence construction. Since the protection of confidence of the preliminary decision only applies to the confirmed content can still lead to a refusal in the building permit procedure.

The application for a preliminary decision is only expedient if the clarification of individual specifications under building planning law or building regulations law are of fundamental importance for the realisation of a building project, so that initially an application for a building permit would possibly be too risky.

The preliminary decision must be submitted in writing (application form), signed by the building owner and (if building documents are enclosed) by the designer. The building regulations office obtains the opinions of the public bodies and, if necessary, establishes the municipal agreement.

Afterwards the examination of the public-legal regulations takes place.

The building supervisory authority is required to reject or refuse the preliminary decision if

• it contradicts the relevant building regulations
• an exception, exemption or deviation cannot be granted or
• the building owner is not prepared to improve the building documents.

If the public-law regulations are complied with, the preliminary decision is to be issued.

The preliminary decision is valid for a period of 3 years, which can be extended by a further year if a written application is submitted before the deadline expires.

• Building application (see forms) - For the preliminary building decision, the building application form is used, which can be found under -> Forms / the correct procedure type, in this case preliminary decision, must be selected (tick).
• Current excerpt from the real estate map (cadastral plan)
• Building documents (as far as necessary)

Explanations

The application for a preliminary decision in accordance with § 74 ThürBO must be accompanied by the building documents required for the assessment of the questions of the building project to be decided by the preliminary decision.

As far as no planning drafts are available yet, a concrete question about the requested building measure, about certain building details or about the development of the property is sufficient. Additional information provided by the applicant on the property and its development may facilitate the assessment and decision. If planning drafts are available, they must be based on the documents for the building application in terms of form and content.

Determined according to administrative expenses (tariff item 1.8)

• Thuringian Building Code (ThürBO)
• Thuringian Construction Documents Ordinance (ThürBauVorlVO)
• Notice of enforcement of the Thuringian building code (VollzBekThürBO)
• Thuringian Building Fees Ordinance (ThürBauGVO)