Bauvorhaben, Unterlagen zur Genehmigungsfreistellung einreichen

• § 2 Absatz 4 SächsBO - Definition Sonderbauten
• § 62 Sächsische Bauordnung (SächsBO) – Genehmigungsfreistellung
• § 66 SächsBO - Bautechnische Nachweise
• §§ 1 und 2 Durchführungsverordnung zur SächsBO (DVOSächsBO) – Baugenehmigungsverfahren, Genehmigungsfreistellung
• Sächsisches Kostenverzeichnis (SächsKVZ) - lfd. Nr. 17 – Baurecht

Application for exemption from authorisation in accordance with Section 62 of the Saxon Building Code (SächsBO)

You generally require a building permit to erect, modify or change the use of a building. Under certain conditions, your building project can be exempted from the authorisation requirement (see -> Conditions).

Please note! Even if your project is exempt from approval, you must fulfil all building law and other requirements.

Depending on the building project:

• Site plan and an extract from the property map
• Construction drawings
• Building description
• Proof of stability, proof of fire protection and other structural proofs
• Declaration by the qualified structural engineer as to whether the proof of stability must be checked (form), in the case of
  • Buildings of building classes 1 to 3
  • Containers, bridges, retaining walls, grandstands and
  • other structures that are not buildings with a height of more than 10 metres
• Information on water supply and wastewater disposal facilities, including a pipework plan of the water and wastewater pipes on the property
• Information on the energy supply
• Extract from the development plan with entry of the property and verifiable calculation of the permitted, existing and planned floor area and floor area ratio, floor area, floor area ratio and, if necessary, building mass and building mass ratio on the building plot
• Survey form from the State Statistical Office
• Confirmation from the municipality that the connection of the property to a passable public traffic area, the drinking water supply, wastewater disposal and an adequate supply of extinguishing water in accordance with local conditions is ensured at the latest at the start of use
• Declaration by the authorised designer that
  • the regulations under public law are complied with
  • the building documents are complete
  • Exceptions and exemptions in accordance with the German Building Code (BauGB) are not required
  • Deviations in accordance with Section 67 of the Saxon Building Code (SächsBO) are applied for separately
• Declaration by the client as to whether the submitted documents are to be treated as a building application if the municipality or the building supervisory authority requires an authorisation procedure to be carried out
• further attachments as required

Note: The building experts supporting you will tell you which documents the lower building supervisory authority requires in detail so that it can assess the building project and process the application. The lower building supervisory authority will request any missing documents.

Your project can be exempted from authorisation if:

• it is not a special construction (e.g. high-rise building)
• it is not an installation for which there is an obligation to carry out an environmental impact assessment
• it does not serve to create residential use units with a total gross floor area of more than 5,000 square metres within the observation distance of an operating area of a hazardous incident site (e.g. chemical plant with highly explosive substances) as defined by the Federal Immission Control Act
• it does not enable the simultaneous use of publicly accessible building facilities by more than 100 additional users within the distance of attention of an operating area of a hazardous incident site within the meaning of the Federal Immission Control Act
• it lies within the scope of a qualified or project-related development plan within the meaning of the German Building Code
• it does not contradict the provisions of the development plan
• the development is secured
• the city or municipality* does not declare within the statutory period (3 weeks from the confirmed date of receipt of the documents) that the simplified building authorisation procedure is to be carried out, or
• the city or municipality* does not apply for a provisional prohibition within the above-mentioned period
• the lower building supervisory authority does not prohibit the start of construction and demands that an authorisation procedure be carried out

* Municipality, if this is not a lower building supervisory authority

• Administrative fee according to expenditure and type of building project

You can find out the exact amount of the fee from your local building supervisory authority.

Depending on the regulations of the respective authority, you can submit your documents for licence exemption online (-> Online application) or in writing using the prescribed form (-> Forms and other offers).

Online application

To use the online service, you must be registered for a bundID account or for your company's My Company Account.

• Follow the link above under -> Online application and log in on the start page via your bundID account or your company's My company account.
• First select your role (client, design author, representative) and, if necessary, invite other parties to process the online application.
• The majority of the building documents are submitted via attachments in PDF format, including the property map, site plan, construction drawing, building description, stability certificate and fire protection certificate. The individual documents can be uploaded to the designated location in the online application using drag & drop.
• Once all mandatory fields have been filled in correctly at each point in the online application, the persons involved (e.g. client and designer) can sign the application.
  The signatures of the persons involved arereplaced by secure identification and authentication via the bundID user account or via the My Company Account user account.

Written application

Submit the documents for the licence exemption together with the prescribed form to the lower building supervisory authority. You can obtain the prescribed form here via Amt24 (-> Forms and other offers).

The documents must be prepared by experts (authorised drafters). Architects and engineers who are entered in the list of those authorised to submit building plans of the Saxony Chamber of Engineers are entitled to submit building plans; entries from other federal states are also valid in the Free State of Saxony.

Examination of the documents and start of construction

• Once you have submitted the complete documents, you will receive a confirmation of receipt within five working days. If the documents are not complete, missing documents will be requested.
• The lower building supervisory authority must prohibit you from starting construction if the municipality requires a simplified building permit procedure or a provisional prohibition of the project. In addition, the lower building supervisory authority can prohibit the start of construction and demand that an authorisation procedure be carried out if you wish to erect a residential building within the distance of a hazardous incident site as defined by the Federal Immission Control Act.
• If no prohibition is issued, you may start the building project three weeks after the confirmed date of receipt of the complete documents by the building supervisory authority.

Show start of construction

At least one week before you start the building project or if you have interrupted the building project for a period of more than 3 months, you must notify the lower building supervisory authority of the start of construction.

within 5 working days:

• Subsequent request for missing documents or
• Confirmation of receipt of the complete documents

none

non applicable