Baugenehmigung - Nutzungsänderung einer baulichen Anlage beantragen

Landesbauordnung für Baden-Württemberg (LBO):

• § 2 Begriffe
• § 50 Verfahrensfreie Vorhaben

Would you like to change the use of a building? A notification procedure or a simplified building authorisation procedure are possible.

Unless the change of use is exempt from the procedure. This is the case if

• no different or more extensive requirements apply for the new use than for the previous use or
• The new use creates additional living space in residential buildings in building classes 1 to 3 in the inner area.

Examples of changes of use:

• You convert a room previously used as a storage or hobby room into a living space.
• A former living space is converted into a restaurant, an office or a doctor's surgery.

Mere maintenance work is exempt from the procedure.

All building documents required to assess the issues to be decided by the preliminary decision must be submitted. In case of doubt, it should be agreed in advance with the building authority which documents are required in each individual case.

The change of use must not conflict with any public law regulations. In particular, if it is a change of use that does not require a procedure, you as the developer must check whether the existing regulations are complied with. Examples are

• required escape routes are available,
• the occupied room height is maintained,
• additional parking spaces are required and available if necessary.

Note: It is also possible that the provisions of the development plan, regulations of the state building code, monument protection regulations or other regulations may prevent a change of use.

In accordance with the fee statutes of your municipality or district

If you are unsure, you can enquire with the competent authority as to whether

• your planned change of use is a project that does not require a procedure,
• whether the requirements for a notification procedure are met or
• whether you need to carry out a simplified or comprehensive planning permission procedure.

As the developer, you are responsible for ensuring that the necessary exemptions or authorisations are obtained from the relevant authorities.

You have the option of using an application for a preliminary building permit to obtain confirmation from the building authority that your building project does not require a building permit and/or that the project is permitted under public law. However, you must submit verifiable documents for this. You must pay for the confirmation.

Please note: A municipality can stipulate by statute that a notification procedure is required for building projects that are exempt from procedure in accordance with Section 50 of the State Building Code for Baden-Württemberg.

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It is also possible that the provisions of the development plan, regulations of the state building regulations, monument protection regulations or other regulations may prevent a change of use.

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