If structural installations or facilities are erected, altered or their use is changed and the building regulations of the Länder stipulate requirements for this, they must always be granted planning permission. Exceptions to this principle must be expressly regulated in the building regulations of the Länder, such as for residential buildings that do not require a permit, parking spaces and garages or temporary buildings.
In principle, Article 14 of the Basic Law (Grundgesetz, GG) allows freedom of construction. This freedom is, however, restricted by the fundamental obligation to obtain building permission nominated in the Land building regulations. This is a determination of the content and limits of property within the meaning of Article 14 (1) sentence 2 of the Basic Law. The building owner's entitlement to the granting of permission corresponds to the obligation to obtain permission, insofar as this does not conflict with interests under public law. This is also called a control permit, i.e. a preventive prohibition with the reservation of permission.
The regulatory content of the building permit extends to facts under building law and does not affect existing obligations to obtain permits under other regulations. Conversely, however, some permits granted under other laws, in particular certain permits under the Federal Immission Control Act, are covered.
The person concerned must apply for a building permit himself. Such a procedure cannot be initiated ex officio. In terms of content, a distinction is made in the building permit between the declaratory part, which confirms the compatibility of the building project with public-law regulations, and the enacting part, which lifts the preventive building ban.