The procedures
| Procedure | Scope of examination | Outcome |
|---|---|---|
| Procedure-free projects | none | no involvement of the authority |
| Exemption from consent | no examination, notification only | construction may begin after a period |
| Simplified consent procedure | restricted catalogue | building consent |
| Full consent procedure | complete | building consent |
Allocation follows essentially three features. They apply in that order.
| Feature | Effect on the procedure |
|---|---|
| Special building status | directs a project into the full consent procedure in principle, whatever its size |
| The building class | decides between the simplified and the full procedure; higher classes lead into the full one |
| The planning position | a precondition of exemption from consent, which generally arises only within a qualified plan |
The precise thresholds and conditions are set differently by each state. The article on comparing the state codes covers the differences.
Reduced examination does not mean reduced requirements
This is the most consequential misconception in building regulations law, and it affects clients and designers alike. It concerns the relation between scope of examination and requirement.
What the authority does not examine must nonetheless be complied with. The simplified procedure restricts the catalogue examined, not the substantive requirements. Structural safety, fire safety, sound insulation and thermal performance apply unchanged.
A shift of responsibility follows. It rests entirely with those involved.
| Procedure | Who examines | Who is responsible |
|---|---|---|
| Full procedure | the authority in full | the parties, with the authority examining |
| Simplified procedure | the authority in part | the parties in full |
| Exemption | nobody | the parties in full |
A consent granted under the simplified procedure is not a certificate of compliance. It certifies that the points examined are in order and is silent on the rest.
For the designer that means a higher, not a lower, liability exposure under the simplified procedures. The article on entitlement to submit covers the responsibilities.
Exemption from consent
It is the fastest procedure and the one with the narrowest conditions. Three features must be borne in mind.
The project is notified to the municipality. If it does not declare within a period that a consent procedure is to be conducted, construction may begin once the period has run.
Three points bear noting.
| Feature | What follows |
|---|---|
| No consent is issued | there is no administrative act whose finality could be relied upon |
| The municipality can take the matter into a procedure | it may require that a consent procedure be carried out |
| The conditions must be met in full | where the project departs from the provisions of the local plan, the route falls away |
Procedure-free projects
Certain projects require no involvement of the building authority at all. The state codes contain extensive catalogues covering smaller buildings, ancillary structures, advertising installations and numerous individual cases.
Procedure-free does not mean requirement-free. A procedure-free project must still comply with substantive building regulations law and with planning law, including separation distances. The difference concerns the procedure alone.
The catalogue of procedure-free projects differs considerably between states, both in its thresholds and in its extent. Advice given without naming the state is worthless.
The preliminary ruling
Before submitting an application, a Bauvorbescheid, preliminary ruling, may be sought on individual questions, such as whether a plot is developable in principle. It is therefore an instrument for reducing risk.
Its value lies in its binding effect. The ruling binds for a specified period and creates certainty before larger design costs arise.
For site decisions it is the most effective instrument, particularly in unplanned built-up areas where permissibility depends on an assessment of the surroundings. The article on development in unplanned built-up areas covers that assessment.
What the choice means for time and cost
Three relationships matter for project management. All three follow from the choice of procedure.
| Relationship | Effect |
|---|---|
| Procedure duration acts on cost | long procedures leave considerable time between cost calculation and procurement |
| Evidence requirements differ considerably | a special building in the full procedure needs strategies and certifications that the simplified procedure omits |
| Consent design is lightly weighted in fee terms | it carries only three per cent for buildings, while its actual effort depends heavily on state and procedure |
A reform in progress
Accelerating planning and consent procedures is the subject of a reform of the federal planning code, which at the date of checking is in the legislative process. Its status must be checked before use.
It concerns planning law rather than the procedures of building regulations law, but it acts indirectly on the time to readiness for construction. The article on the planning law reform covers the position.
Related articles
This article reflects the position of the rules at the date of checking and serves professional orientation. It does not constitute legal advice and does not replace assessment of the individual case.