Abbruchgenehmigung

The regulations of the state building regulations also apply to the removal of facilities, including structures.

A demolition permit is required for

• Buildings with a gross volume of more than 300^m3,
• buildings used for agriculture, forestry or horticulture with a gross floor area of more than 150 m² and
• containers with a capacity of more than 150 m³

are regularly required. Irrespective of this, the stability of neighboring buildings must be checked by the building owner if they are built next to each other or if the building ground gives reason to do so.

If a permit, authorization or approval is required for the removal of the facility in accordance with other regulations, this must be obtained before the removal is started. This depends on the individual case, e.g. according to monument protection, nature conservation or waste legislation or according to local authority conservation statutes.

The following list is intended to serve as a guide as to which building documents must be enclosed with a demolition application. You will find out whether these building documents must also be submitted in your specific individual case during the consultation and acceptance of the application at the responsible building supervisory authority.

Type of building documents (in brackets: number):

1. Application form (1)
2. Statistical departure survey form (1)
3. Copy of the extract from the commercial/association register/partnership agreement (1)
4. Original power of attorney (1)
5. General plan (4)
6. Property plan (4)
7. Extract from the parcel/property ownership certificate (4)
8. Open space plan with trees and, if applicable, logistics concept (large demolitions) (4)
9. Concept for avoiding construction noise in the event of increased construction noise (4)
10. Floor plans (4)
11. Sections (4)
12. Views, if necessary photographs (4)
13. Informal demolition description with demolition and disposal concept (4)
14. Proof of compliance with the conservation objectives of the preservation order (4)
15. Calculation of the gross volume (1)
16. Copy of soil survey or remediation notice for designated contaminated sites and suspected contaminated sites (4)

Demolitions requiring approval are examined in the full procedure in accordance with Section 66 HBO. In addition to the content that usually has to be checked in this procedure, the focus is on checking the demolition and disposal concepts.

In addition to the building permit, other permits may also be required for your construction project. These could be, for example

• Tree felling permit
• Water law notification for handling substances hazardous to water
• Water law permit for contact with groundwater

The fee is charged in accordance with the administrative cost regulations for the business area of the Ministry of Economic Affairs, Energy, Transport and Regional Development (VwKostO-MWEVL), unless the responsible lower building supervisory authority has its own building supervisory fee statutes. The amount of the fee depends on various factors. Information can be obtained on a case-by-case basis from the responsible lower building supervisory authority.

The planned approval period in the full procedure is a maximum of 3 months. However, a fictitious demolition permit after expiry of the deadline is not regulated by law.

The start of demolition must be notified in writing to the building inspectorate at least one week in advance. The building inspectorate must be notified of the end of demolition at least two weeks in advance, stating the date of completion.

Please use the forms below from the new building permit decree for this purpose.

The demolition permit becomes invalid if demolition is not commenced within 3 years of its issue or if demolition has been interrupted for one year.

The demolition permit can be extended for up to 2 years at a time upon application. This application can be submitted informally to the building inspectorate, stating the file number.

Building demolition that does not require planning permission must also be carried out by a specialist company. The nature conservation and monument protection regulations as well as the applicable conservation statutes must be observed.

Further information can be obtained from the responsible lower building supervisory authority (building regulations office of the district / independent city / special status city and municipalities with building supervisory powers).