Change of use of buildings Approval
According to Section 60 (2) of the Lower Saxony Building Code (NBauO), the change in the use of a building facility is exempt from proceedings if the public building law does not impose any other or further requirements on the new use.
The change of use remains exempt from approval if the structural facility does not require a permit within the meaning of § 62 NBauO after the change has been made.
Process flow
The change of use - even without structural changes - is subject to a building permit if the public building law places different or more far-reaching requirements on the building in the new use. This is usually the case. The procedure is the same as that for the approval of new buildings.
In the event of changes of use that lead to the structural facility becoming a special building in accordance with Section 2 (5) of the Lower Saxony Building Code (NBauO), an extensive building permit procedure must be carried out in accordance with Section 64 NBauO.
For the remaining changes of use, a simple building permit procedure must be carried out in accordance with § 63 NBauO.
§ 2 paragraph 5 Lower Saxony Building Code (NBauO)
Who should I contact?
The responsibility lies with the municipality, the joint municipality and the city. If the building supervisory authority itself is not the building supervisory authority, it forwards the building application to the responsible building supervisory authority within one week.
Which documents are required?
The required documents result from the Building Template Ordinance (BauVorlVO). Essentially, you will need:
- Application form on official form with all necessary signatures
- Description of the establishment (in the case of commercial projects)
- Site plan (if applicable, excerpt from the real estate cadastre)
- Construction drawings with registration of past and future use
- Calculation of construction numbers such as living or usable space calculation
- Proof of parking space for the additional demand
- Building specification and production costs (as far as structural changes are made)
If the change of use does not require approval, the client must submit a written notification of the intended change of use to the municipality and attach the documents specified in § 62 of the Lower Saxony Building Code (NBauO) (essentially the draft).
What are the fees?
Fees may apply, please contact the competent authority.
What deadlines do I have to pay attention to?
Deadlines may have to be observed. Please contact the competent authority.
Legal basis
What else should I know?
For the registration, e.g. of a business, it is advisable to obtain information in advance from the competent authority as to whether the desired use of a building or room constitutes a change of use requiring approval.
Technically approved by
Lower Saxony Ministry of Social Affairs, Health and Equality
Author
The text was automatically translated based on the German content.
