Section 66(1) sentence 1 of the Rhineland-Palatinate State Building Code (LBauO) lists projects for which the simplified approval procedure must be carried out. These include, for example, residential buildings in building classes 1–3 (i.e., the floor of no storey in which recreational rooms are possible may be more than 7 m above ground level on average), including their ancillary buildings and facilities. For the projects listed in Section 66 (2) LBauO, a simplified approval procedure is only carried out if the builder requests it and certificates from experts recognized by the building authorities are submitted confirming that structural stability and fire protection are guaranteed.
In the
simplified approval procedure
, the building authority's review is limited to the admissibility of the project in accordance with the provisions of the Building Code, local building regulations (§ 88 LBauO), § 52 LBauO, and other public law provisions. The project's compliance with building regulations, including the Rhineland-Palatinate State Building Code, is not checked.
The application for a building permit in the simplified approval procedure must be submitted to the lower building supervisory authority.
The building documents that must be submitted with the building application are specified in § 7 of the State Ordinance on Building Documents and Structural Engineering Inspection. The building application and the building documents must be signed by the designers, who must be authorized to submit building documents for applications relating to buildings.
The building permit is valid for four years. This period can be extended upon request. The request must be received before the deadline expires.
As a builder, please observe all building code requirements.
Upon receipt of the building application, the building control authority must check within 15 working days whether
- the building application and the building documents are complete,
- other authorities or agencies need to be involved, and
- experts need to be consulted
. If the building application is incomplete or has other significant deficiencies, the building control authority shall request the builder to rectify the deficiencies within a reasonable period of time. If the deficiencies are not rectified within the deadline, the application shall be deemed to have been withdrawn.
The building control authority must decide within one month for projects pursuant to Section 66 (1) LBauO and within three months for projects pursuant to Section 66 (2) LBauO if the requirements specified in Section 66 (5) are met. The period begins 15 working days after receipt of the building application by the building supervisory authority or, if the building supervisory authority has requested further documents, 15 working days after receipt of the subsequently submitted documents. If the agreement or consent of the municipality (Section 14 (2) sentence 2, Section 36 (1) sentence 1, or Section 36a BauGB) is required, this period shall commence at the earliest upon receipt of the notification of the municipality's decision or, if the agreement or consent of the municipality is deemed to have been granted due to the expiry of the period pursuant to § 36 or § 36a BauGB, at the time by which the notification of the municipality's refusal to give its agreement or consent should have been received by the building control authority.
The building permit is deemed to have been granted if no decision has been made on the building application within this period. The period may be extended by up to two months, in particular if other authorities are still to be involved or decisions on deviations are required.