Home generalIs it allowed to demolish a house yourself? PERMITS

Is it allowed to demolish a house yourself? PERMITS

  • General information about the permit requirement
    • example
  • Important questions about house demolition
  • Exceptions to the exemption of permits
    • 1. Monument protected buildings
    • 2. Building in the redevelopment area

If a new building is planned on a built-up plot of land, then the demolition must first be carried out. The question is whether and which permits are required. We have compiled for you the most important facts about the license requirement, the prerequisites and the s. Learn what points to consider and if you can demolish your home without permission.

If the house construction or the demolition of the old building is planned, then many tasks have to be carried out and all laws have to be considered. Approvals are needed for many jobs, such as extensive demolition or the construction of residential buildings. It therefore raises the question of whether one house itself can be demolished and which applications must be made. Particularly problematic is that violations of the law lead to financial penalties. We have therefore investigated the questions and report which permits are required.

General information about the permit requirement

The German construction law is regulated in various legal texts such as the state building regulations. A problem is that no general statement can be made for the entire federal territory. You must always look at the regulations applicable to each location. If the rules are not met then penalties can be imposed. The amount of the fines depends on the state and the nature of the offense. If a listed building is demolished without authorization, then the historical value of the facility must be determined. Six-digit penalty sums are not uncommon here. For this reason, it is generally advisable to deal intensively with the local law or to make a request directly to the building office, in order to exclude subsequent penalties.

Tip: Make inquiries in writing to have proof later.

Are permits required for the demolition ">

The answer to the question "Can a house be demolished?" Depends on the type of building and the exact circumstances. In many cases, no license is required in the true sense. However, you must display the planned demolition at the building office. The state building regulations specify when a demolition permit is required. Under no circumstances should you start work before the required approvals have been obtained. It is advisable to wait and see whether it is allowed to demolish and then sign the contracts for the new building. Otherwise you could have to pay down payments to the construction company in case of rejection of the cancellation request.

example

The Hessian state building regulation

Section 62 (1) of the Hessian State Building Ordinance stipulates that a demolition permit is required for the construction and demolition of certain buildings. Limitations exist in § 1 (2), as the law is not valid for all buildings. Exceptions include public transport facilities. Section 63 describes the types of construction for which no building permit is required. According to § 58 HBO, cancellations requiring a permit are subject to full review. Note that in addition to the demolition permit for the buildings, additional permits may be required:

  • Baumfällgenehmigungen
  • Water law permission for groundwater contact
  • Water law indicator for handling substances hazardous to water

In Hesse, the permit-free demolition must also be carried out by a specialist company. All laws, for example regarding monument protection and nature conservation, must be taken into account. The request for cancellation must be accompanied by numerous documents. The competent authorities provide information on a case by case basis as to which documents may be waived. In general, the following documents should be added to the application:

  • Application form
  • Statistical departure survey
  • property plan
  • Excerpt from the parcel / owner certificate
  • Open space plan with trees
  • Concept for avoiding construction noise
  • Commercial / Club register extract / Shareholders Agreement
  • Powers of attorney
  • General plan
  • floorplans
  • slice
  • Proof of compliance with the protection objectives of the Conservation Ordinance
  • Calculation of gross volume
  • photographs
  • Informal termination description (including disposal concept and demolition concept)
  • Soil appraisals for established contaminated sites and suspected contaminated sites

The demolition permit is mandatory in Hesse in the following cases:

  • The gross volume of the building is more than 300 liters.
  • The building is used for agricultural, forestry or commercial purposes and the gross floor area is larger than 150 m².
  • It is a container with more than 150 m³ .

Important questions about house demolition

Who is responsible for issuing permits in Germany ">

The building supervisory authorities take over the building supervision. The heritage protection authorities are responsible for listed buildings. In Germany, building regulations are state law. Each federal state has defined the state building regulations. The regulations specify which authorities are responsible for the permits. In general, the independent cities and counties take over these tasks.

What evidence must a demolition company have?

The demolition company must be authorized to carry out demolition work. Most shell contractors have the appropriate evidence, so it is worth asking the appropriate providers. The contractor must demonstrate the ability to demolish. It should have sufficient experience in the field of occupational safety and statics.

Tip: If you are planning the demolition to build a new building, you can ask the planned shell company for the possibility of demolition. Possibly, price advantages can be achieved.

What do I do if my house is directly adjacent to another house?

In many cities or villages houses were built very close together. It can be a semi-detached house or two separate buildings. The problems with the demolition are the same: The effects on one house can cause damage to the other building. For this reason, appropriate security measures must be taken. The possible consequences are clear at the following judgment (OLG Frankfurt Aktenzeichen 16 U 211/03):

House owner A wanted to demolish his semi-detached house. It was planned a new building. However, he did not protect B's neighboring house against possible damage, causing cracks in the walls. Moisture formed in the wall, requiring extensive remedial and support measures. The court found that the homeowner A had to compensate his neighbor B for the necessary work. It was the responsibility of A to take precautionary measures to prevent damage.

What points do I have to take into account when leaving the house ">

Items of the demolished building can be reused. If this is not possible, they must be removed.

  • The materials are sorted, what can be done with the excavator or manually.

The sorting takes place in:

  • untreated wood
  • treated wood
  • construction waste
  • metals
  • hazardous waste
  • rubbish

You do not know where to put old Eternit plates "> How to dispose of Eternit

Tip: The better the sorting, the lower the disposal costs.

Need a detailed listing of all pending house demolition costs "> Costs - House Demolition

Exceptions to the exemption of permits

1. Monument protected buildings

If it is a Grade II listed building, demolition is not always possible. You must request a permit from the lower monument protection authority. Then submit an application for planning permission to the building authority and submit the application including the approval. The exact regulations for the buildings are regulated in the monument protection laws (DSchG) of the countries. There are regular disputes over the question of whether a listed building may be demolished. Not infrequently, courts have to end the dispute, as a case of the Higher Administrative Court of Rhineland-Palatinate (file number 1 A 10178 / 05.OVG) shows:

C was the owner of a 300 year old house. The building was a listed building. For cost reasons, C wanted to demolish the house and submitted an application to the lower monument protection authority. The application was rejected. The homeowner C went to court and was given justice. The judges found that it was unreasonable for the plaintiff to pay the maintenance costs. There was an annual loss of 1, 000 euros, the costs and revenues were compared.

This case shows that, in individual cases, difficulties may arise in obtaining the appropriate authorization. If the house is in a relatively good condition and no extensive repair work is required, the demolition permit can not be granted as a rule.

2. Building in the redevelopment area

If the building is located in a redevelopment area, then you must submit an application to the reorganization authority. You receive a refurbishment permit and are bound by all given conditions.

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