Building Permits, Change of Use, and Advertising Structures

Upon formal application by the building owner, the building permit process within the jurisdiction of the City of Jena is carried out by the Jena City Administration, Building Code Division (lower building supervisory authority). 

The building permit is a formal, written administrative act issued by the building supervisory authority, which may be challenged by filing an objection or bringing a lawsuit.

The building owner is responsible for ensuring that the construction project initiated by him is carried out in accordance with the building permit granted, in compliance with the relevant ancillary provisions of the building permit, and in accordance with statutory provisions.

The building permit is also valid for and against the legal successor.

Construction Projects Within the Geographical Scope of a Preservation Ordinance

Pursuant to Section 173 of the German Building Code (BauGB), the City of Jena has stipulated that an approval procedure must be carried out for all construction projects within the scope of the preservation ordinances in the municipality. This formal approval procedure is conducted by the building supervisory authority upon application by the builder or property owner.

Construction Projects in a Redevelopment Area

For construction projects in the redevelopment area, in addition to the building permit or preliminary approval, a redevelopment permit for the identical plans is required. The redevelopment permit must be applied for separately, along with the required documents, at the

Jena City Administration
Department of Urban Development
Am Anger 26
Tel. 0049 3641 495201

.

Construction may only begin once both permits/decisions have been issued. For practical reasons, it is recommended that the building permit application be submitted only after the redevelopment permit has been granted (to avoid the need for redesign due to discrepancies in the redevelopment permit). A redevelopment permit is also required for procedures involving demolition, property subdivision, variances, and easements.

Processing the Building Permit Application

The building permit application must be submitted along with the required construction documents.

After the application is accepted and registered, the Building Code Department solicits comments from the relevant public authorities and, if necessary, secures municipal approval. The application is then reviewed for compliance with public law regulations and structural engineering documentation within the prescribed legal framework.

If the project violates the relevant building regulations and no exception, exemption, or deviation can be granted, or if the builder is unwilling to amend the construction documents, the building inspection authority is required to reject or deny the building permit application. If the public law regulations are deemed to have been complied with, the building permit must be granted.

Any required approval under historic preservation law is processed as part of the building permit procedure and forms an integral part of the building permit. The same applies to approvals under local building laws, such as town preservation ordinances.

Processing Times

For the simplified building permit procedure, a processing time of up to 3 months applies, with the possibility of an extension of up to 2 months in justified exceptional cases. The processing time begins upon submission of the required and verifiable documents.

The ThürBO does not specify any deadlines for the standard building permit process.

Validity

The building permit is valid for 3 years. It may be extended for an additional 3 years upon submission of an application before the expiration date.

 The construction documents listed depend on the proposed project; only those that are required in each case need to be submitted. Typically, not all will be required, but in individual cases, others may be added.   

For the approval procedure under Section 173 of the German Building Code (BauGB) in areas subject to preservation bylaws, the following must generally be submitted:

• Application form
• Cadastral map
• Description of the construction project
• Site plan and construction drawings, depending on the nature of the construction project

The specific fee for buildings is generally calculated based on the construction value (building type and size) and the type of procedure (simplified or standard), and for other structures according to tariff items 1.1 through 1.7 in accordance with the Thuringian Building Fee Ordinance (ThürBauGVO); in special cases, the fee is based on the time required.

• Thuringian Building Code (ThürBO)
• Thuringian Building Documentation Regulation (ThürBauVorlVO)
• Implementation Notice for the Thuringian Building Code (VollzBekThürBO)
• Thuringian Building Fees Regulation (ThürBauGVO)

See also related links