How to get a building permit without nerves

What is a building permit and who needs one?

The new law has introduced one common building permit procedure, replacing the previous processes. The planning permission procedure (originally a building permit) is the official permission from the building authority that you can start building. It is not a formality; the state uses planning permission to prevent dangerous, inappropriate or overly ‘creative’ buildings. You need permission if you are building a new house, adding a storey, knocking down load-bearing walls or perhaps changing the use of a building.

The original Building Act differentiated between buildings that did not need to be notified in any way, buildings that were notified and buildings that were permitted. However, the new Building Act abolishes the principle of notification. There is now a distinction between constructions that do not need to be notified to the building authority and constructions that must be permitted by the authority.

What types of buildings are distinguished by the new Building Act?

The new Building Act introduces a clear division of buildings into several categories. This division is important not only for the builders themselves, but also for the authorities, because it determines which permits you will need. Let’s have a clear overview of the different categories.

The first group is small buildings, which are listed in Annex 1 of the Building Act. This includes, for example, fencing, some sheds or buildings with a maximum area of up to 40 m². It is important to know that a small building is never a building intended for living purposes or a garage – these fall into more restrictive categories.

Another category is simple buildings, listed in Annex 2. This includes most ordinary houses, holiday homes, garages, but also some agricultural buildings. The approval process for these buildings is slightly simpler than for large projects, but they are still subject to the rules laid down.

A special group are the reserved buildings listed in Annex 3. These are typically public infrastructure structures such as roads, railways, airports or large-scale electricity generation plants. These structures are subject to stricter conditions and a more demanding approval process.

Finally, there is the category of other structures, i.e. those that do not fall into any of the above categories. These are often specific or less common structures that are not classified by law as small, simple or reserved.

This classification has a major impact on how difficult it will be to obtain a building permit or notification. It is therefore always a good idea to check in advance which category your building falls into.

Want to make sure you don’t break the law? Contact your local building authority – they will tell you straight away what applies in your case.

What do I need for a building permit?

It sounds complicated, but like everything, getting a building permit can be done step by step. Here’s a list of the basic things you need for a building permit:

• Project documentation – must be prepared by an authorized designer. Be careful, a sketch from a friend who has already built a chicken coop is not enough.
• Evidence of ownership of the land – for example, an extract from the land registry.
• Situation of the building – where the house will stand, where the connections will go, etc.
• Statements from the authorities concerned – e.g. environment, fire brigade, hygiene.
• The application form – this is simply called “Application for Building Permit” and most authorities have it available for download on their website.

Now you can also submit most of the documentation electronically via the Building Authority Portal.

How does the building permit procedure work?

When you have everything ready, you can apply. Then the building procedure starts. This is the process where the building authority assesses whether everything complies with the current regulations, the zoning plan and does not endanger health, safety or your neighbour’s rhododendrons. The procedure is as follows:

You apply for planning permission. You can do this in person, by post or electronically via a data box. You will attach the complete project documentation and all necessary statements (e.g. from the fire brigade, the health service or the network managers). The building authority will then start the procedure and notify the parties involved, which include not only you but also the owners of neighbouring land and buildings, or other affected persons and institutions. A review and assessment then takes place, where the authority checks the formal correctness of the application, the completeness of the documentation and the opinions of the authorities concerned. If anything is missing or not in order, you will be asked to complete it.

Ideally, this is followed by a decision on the building permit – if everything is in order, the authority will issue a decision authorising the building. This may also set out conditions for the construction (e.g. how to protect the building’s surroundings, what hours you can work, how to secure the site, etc.).

Sometimes everything goes right the first time, the documentation is perfect, the authority is quick. But then the neighbour comes and says that he does not agree with the construction. Every neighbouring landowner is a party to the building procedure and if he feels that the building threatens his rights (for example, it shades his garden, worsens the view or makes noise), he can object. If the authority does not accept the objection and issues a permit, the neighbour has the right to appeal. This puts the process on hold and the whole case goes to the county council, which decides whether to uphold the planning permission or reverse it. It is therefore a good idea to talk to your neighbours beforehand, a human approach often helps more than the paragraphs.

A building permit does not become valid until the 15th day after it is served on all parties, unless someone appeals. If someone appeals, everything will drag on for some time, as the appeal body must then review the matter.

How long does a building permit take?

There is no clear answer to the question “how long does it take to obtain a building permit”. Officially, the building authority has 30 or 60 days to make a decision. For simple buildings, the time limit is 30 days; in other cases, the time limit for a decision is set at 60 days (as for buildings that were permitted under the old Building Act). But if there are problems with the documentation, a neighbour appeals, opinions are missing or a map from 1962 is lost, it can be as long as 3-6 months. Sometimes even more.

Can I start building as soon as the permit is issued?

No, you can start building only after the building permit becomes legally valid, usually 15 days after the decision is delivered to all parties to the proceedings, unless someone appeals. Only then should you report the start of construction to the building authority and, if the permit requires it, have the authority issue a building consent. Without this step, you risk a fine and, in the extreme case, stopping the construction.

How long is the building permit valid for?

Once you have obtained planning permission, the big joy comes. But beware – the validity of a building permit is not infinite. Normally, a building permit is valid for 2 to 5 years from the legal validity of the decision. However, the building authority can set a longer period in justified cases, but no longer than 10 years. You must start building within this period. And no, it’s not enough to hammer in a stake and say it’s a ceremonial dig. Commencement means actual building work, such as earthworks or the laying of foundations. It’s not a formality, if you miss the deadline, the building permit expires and you have to reapply.

However, if you know that you will not be able to start the building in time, you can apply for an extension of the building permit. But you must do this before your original permit expires.

How do I specifically apply for an extension?

1. Make a written request to the building authority that issued your permit. In the application, include basic details about the building and the registration number of the original building permit, that you are requesting an extension of the building permit under Section 115 of the Building Act, the date by which you are requesting the extension (usually 1 to 2 years) and a brief reason (e.g. “construction has not started due to financial situation” or “property settlement in the family is ongoing”).
2. Include any changes (e.g. an updated project if the conditions in the area have changed, or the opinions of the authorities concerned if requested by the authority).
3. Sign and deliver the application. You can do this in person at the building authority’s office, by registered mail or electronically via a data box.

The building authority will assess your application. This is provided that two years have not elapsed since the original permit became legally valid, that there have been no changes to the essential conditions in the area (e.g. the zoning plan) and that the application is properly substantiated. If these three conditions are met, they will usually extend the building permit for a further 1-2 years. You have no legal right to an extension, but in practice the authorities are usually quite accommodating.

Summary

Planning permission is required for the construction of a new house, an extension, the demolition of load-bearing walls or a change of use of a building – for minor alterations, a notification may be sufficient. To apply for a permit, you need project documentation from an authorised designer, proof of land ownership, a building situation, statements from the authorities concerned and a completed form. The procedure is initiated by the building authority, which examines the application and issues a decision – this becomes final on the 15th day after it is delivered to all parties, unless anyone appeals. The validity of the permit is 2 years, during which time you must actually start building work, otherwise the permit expires. If you know you will not be able to do this, you can apply for an extension in time. If there are problems or appeals from neighbours, the procedure may be prolonged. The whole process can now be handled electronically via the Building Control Portal.