New construction/erection

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New construction/erection

New construction primarily includes building projects that involve the construction of a completely new building on a previously undeveloped area. In principle, the new construction of such a project is subject to authorisation (Section 59 (1) of the Saxon Building Code), unless exceptions under Sections 60 to 62, 76 and 77 of the Saxon Building Code apply (i.e. above all exemption from the procedure or exemption from authorisation). Examples of new buildings requiring authorisation include the construction of a residential building, the construction of a commercial building or the construction of a new wind turbine.

However, a project is also considered to be a new construction if a building already existed, but the protection of the existing building has expired due to massive structural interventions. This may be the case, for example, if the planned repair work reveals such defects in the building fabric that major structural measures - e.g. the replacement of walls - become necessary. In such a case, the building project takes on a new quality and may - depending on the building project - be subject to authorisation. If planning permission is required, it must then be treated as a new building. Consequently, the currently applicable regulations must also be applied.

Therefore, if possible, please enquire at the town planning and building supervision office before starting any major construction work as to whether or not the planned measure will require authorisation. This may save you from having to undergo administrative proceedings for building without planning permission.

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