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Salzgitter

Freeze on Changes—to safeguard urban land-use planning; exemption for construction projects not subject to formal procedures

Are you planning a construction project on a property that does not require a building permit, but where a moratorium on changes is currently in effect to safeguard urban land-use planning? If so, you may apply for an exemption, provided that no overriding public interests preclude it.

Description

Description

Construction projects that do not require a building permit are those that do not require a building permit. You may proceed with construction provided there is no moratorium on changes.

However, for your construction project that does not require a permit, you may obtain an exemption from the moratorium on changes to ensure compliance with land-use planning, provided that no overriding public interests preclude it. The building permit authority, together with the municipality, will decide whether to grant your exemption.

Examples of public interests:

  • Historic preservation
  • Nature conservation
  • Environmental protection
  • Townscape and landscape

The following may be subject to a moratorium on changes:

  • the construction, alteration, or change of use of structures,
  • large-scale landfills and excavations,
  • excavations, deposits, including landfills,
  • demolition of structures,
  • significant or substantially value-enhancing alterations to real property and structures, provided these are not subject to approval, consent, or notification requirements.

The following are not affected by the moratorium on alterations:

  • projects that were approved under building code regulations prior to the moratorium’s entry into force.
  • Projects of which the municipality is aware and for which construction could have begun before the moratorium took effect.
  • Maintenance work and the continuation of a previously established use.

For construction projects

  • in formally designated redevelopment areas or
  • in urban development areas

are subject to different regulations than construction projects affected by a moratorium on changes intended to safeguard urban land-use planning. In such cases, the construction project must have been approved by the municipality.

Explanations and notes