Building permit
Die Errichtung, Änderung und Nutzungsänderung von baulichen Anlagen und Gebäuden bedürfen nach § 59 einer Baugenehmigung soweit in den §§ 60 (Verfahrensfreie Bauvorhaben, Beseitigung von Anlagen), 61 (Genehmigungsfreistellung), 75 (Genehmigung Fliegender Bauten) und 76 (Bauaufsichtliche Zustimmung) der Thüringer Bauordnung (ThürBO) nichts anderes bestimmt ist.
Details
Upon formal application by the building owner, the building permit procedure is carried out in the area of responsibility of the City of Jena by the Jena Municipality, Building Regulations Department (lower building supervisory authority).
The building permit is a formal and written administrative act of the building supervisory authority which can be contested by means of objection and complaint.
The building owner is responsible for ensuring that the construction measure he has arranged is carried out in accordance with the building permit issued and in compliance with the relevant ancillary provisions to the building permit as well as in accordance with the statutory provisions.
The building permit is also valid for and against the legal successor.
Building projects within the spatial scope of a preservation statute
On the basis of § 173 of the German Building Code (BauGB), the city of Jena has determined that an approval procedure must be carried out for all building measures in the area of validity of the preservation statutes in the municipality. This formal approval procedure is carried out by the building supervisory authority upon application by the builder or property owner.
Building projects in the redevelopment area
For building projects in the redevelopment area, a redevelopment permit for the identical planning is required in addition to the building permit or the preliminary decision. The redevelopment permit is to be applied for separately with the required documents at the Jena Municipality, Department of Urban Redevelopment and Infrastructure, Am Anger 26, ground floor, tel. 03641- 495101.
Construction is only possible after both permits / notices have been issued. For factual reasons, it is recommended to submit the building application only after the redevelopment permit has been issued (avoidance of necessary replanning due to deviating redevelopment permit). A redevelopment permit is also required for the procedures demolition, property division, deviation and building encumbrances.
Ablauf/Fristen
Processing of the building application
The building application (form) must be submitted in writing, signed by the applicant and the designer, together with the necessary building documents.
After the application has been accepted and registered, the building regulations department obtains the opinions of the public authorities and - if necessary - obtains the consent of the municipality. Afterwards, the examination of the public-legal regulations as well as the construction-technical proofs takes place within the given legal framework.
If the project contradicts the relevant building regulations and an exception, exemption or deviation cannot be granted, or if the building owner is not prepared to improve the building documents, the building supervisory authority is required to reject or refuse the building application. If the public-law regulations are deemed to have been complied with, the building permit is to be granted.
Any required approval under monument protection law is processed within the building permit procedure and is part of the building permit. The same applies to approvals according to local building law, such as local preservation statutes.
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 with the submission of the required and verifiable documents.
The ThürBO does not specify any time limits for the regular building permit procedure.
Validity
The building permit is valid for 3 years. It can be extended by 1 year at a time upon written application submitted before the expiry of the deadline.
Unterlagen
| Required documents | Further information |
|---|---|
| Thuringian application form | You will find the building application under -> Forms. |
| Statistical survey form | Survey forms of the official statistics in Thuringia |
| Authorisation to submit building documents and specialist planner's certificate | usually by seal or certificate |
| Building description |
|
| Current excerpt from the real estate map (cadastral plan) | Geoinformation - excerpts from the real estate map |
| Site plan (scale not smaller than 1:500; usually 1:250) |
if applicable, partial plans with:
|
| Floor plan drawings, views, sections, possibly photos of the existing building (§ 8 ThürBauVorlVO) | usually scale 1:100 |
| Fire protection certificate (for building class 4 and 5, as well as special buildings) | You will find the corresponding form under Forms |
| Neighbour participation / statement of the adjoining neighbours (§ 69 ThürBO) | prescribed in case of deviations from neighbour-protecting regulations (§ 66 ThürBO) => signature on site plan, section and views with reference to the deviation (preferably all neighbours on the same copy) |
| Consent of responsible district chimney sweep master | applies as recommendation, as far as not legally prescribed |
| Expert opinion and other proofs |
|
| Declaration on structural engineering evidence in accordance with § 65 ThürBO |
|
| Structural engineering verification: in accordance with § 65 ThürBO, only in the case of compulsory testing (usually in duplicate) |
|
The listed building documents depend on the project applied for, only those required in each case are to be submitted. As a rule, not all of them will be required, in individual cases others may be added.
For the approval procedure according to § 173 BauGB in preservation statute areas, the following documents must normally be submitted:
- Application form
- Cadastral plan
- Description of the building project
- Site plan and construction drawings depending on the building project
Öffnungszeiten
| Tag | Zeiten |
|---|---|
| Montag | 08:00 – 12:00 und 13:00 – 16:00 Uhr |
| Dienstag | 08:00 – 12:00 und 13:00 – 16:00 Uhr |
| Mittwoch | keine Sprechzeiten |
| Donnerstag | 08:00 – 12:00 und 13:00 – 18:00 Uhr |
| Freitag | 08:00 – 12:00 Uhr |
Hinweise
Um vorherige Terminvereinbarung wird gebeten.
Gebühren
| Services | Fee |
|---|---|
| Minimum fee | 50 € |
| Simplified building permit procedure (§ 62 ThürBO) | 6/1000 of the building value |
| regular building permit procedure (§ 63 ThürBO) | 7/1000 of the building value |
The calculation of the concrete fee is carried out for buildings as a rule depending on the construction value (type and size of building) and the type of procedure (simplified or regular) as well as for other structural facilities according to tariff points 1.1 to 1.7 in accordance with the Thuringian Building Fees Ordinance (ThürBauGVO), in special cases according to the time spent.
Rechtsgrundlagen
- Thuringian Building Code (ThürBO)
- Thuringian Construction Documents Ordinance (ThürBauVorlVO)
- Notice of enforcement of the Thuringian building code (VollzBekThürBO)
- Thuringian Building Fees Ordinance (ThürBauGVO)
see also further links