Public Building Law

Public Construction Law - Lawyers in Düsseldorf

Public building law concerns the regulations on the permissibility and limits, order and promotion of the use of land and property by building structures. Here, the term is primarily understood with regard to the construction, intended use, substantial alteration and removal (construction planning law and building regulations law) of buildings.

We advise our clients on the drafting and negotiation of urban development contracts, on various urban land use planning projects (development plans, land use plans, etc.) and on the creation of building rights in internal and external areas. We conduct neighboring actions against building permits. We supervise the review of development plans in standard control proceedings before the competent higher administrative court.

Building Regulation Law

Building regulation law concerns the prevention of all hazards associated with the construction or use of the existing structure of a building project that has already been constructed. The prevention of danger is the responsibility of the federal states. As a result, there are considerable differences between the individual federal states. The model building code, which was adopted by the Conference of Building Ministers but is not a binding law in itself, serves as an orientation framework. Thus, the respective building regulations apply to structural installations and building products (such as building materials, components, etc., § 1 para. 1 sentence 1 BauO NRW).

We support you in taking measures under building regulations law by the competent authorities, in defending against such measures and, if necessary, in the judicial review of such measures at the appropriate administrative courts.

Building Permit and Preliminary Building Permission

Formal building regulation law includes the powers of the building administration such as building permits. In principle, buildings are subject to approval. However, there are exceptions to this. In addition, there are accelerations through simplified approval procedures (§ 68 BauO NRW), approval exemption procedures (notification procedures) according to § 67 BauO NRW as well as simple building permit procedures according to § 69 ff. BauO NRW.

Furthermore, other approvals such as the preliminary building permit (§ 71 BauO NRW), the partial building permit (§ 76 BauO NRW), type approval (§ 78 BauO NRW) also fall under the formal building regulations.

Building projects can therefore be permitted in the planned area (§ 29 ff. BauGB), in the unplanned inner area (§ 34 BauGB) and in the outer area, § 35 BauGB.