Procedural freedom
The term procedural freedom means that a building project may be erected without a formal building permit procedure. Freedom of procedure means that there is no need for a preliminary building inspection by the authorities. Within the limits of the key data laid down in Section 61 of the Saxon Building Code, any building owner may erect the desired building project. But be careful! Even those who stay within these limits cannot always build as they wish. According to Section 59 (2) of the Saxon Building Code, the building owner is responsible for ensuring compliance with all (!) public law regulations, which can place high demands on the building owner's prior knowledge. In case of doubt, consultation with the lower building supervisory authority is recommended before realising the project.
These public law regulations, which must be observed and with which the respective projects must comply, include in particular planning law, monument protection law, redevelopment law, nature conservation law and many more. These regulations may make it necessary for the client to apply for further necessary authorisations themselves.
In the following table you will find some examples of building projects that do not require a permit or require planning permission:
|
Type of construction |
Examples of |
applicable regulations |
|
exempt from procedure |
Single-storey buildings with a maximum gross floor area of 10 square metres in inner areas, |
§ 61 SächsBO* |
|
subject to planning permission |
All projects that are not covered by §§ 60 - 62, 76 and 77 SächsBO*. |
§§ 59 ff. SächsBO* |
* SächsBO = Saxon Building Code, ** ff. = subsequent, i.e. the following paragraphs must also be observed
If you are unsure, please enquire with the staff of the town planning and building supervision office whether the building project you wish to realise on your property can be implemented without a procedure or whether a building permit is required and whether it complies with public law regulations.