Supervision and inspection of the construction sector in Germany (White book 2018)

Content:
  • 1. The agencies of public administration and administrative procedures in Germany

    The responsibilities on supervision and inspection of the construction sector are assigned to the administrations of rayon (‘Kreis’) and greater cities, as far as the cities are big enough to stand alone outside a rayon (usual they should have more than 100 000 inhabitants). There are some exemptions that the responsibility on supervision of construction can be assigned also to bigger cities belonging to a rayon; they can apply for this transfer of responsibility and one important precondition is that the cities has enough professional, skilled personnel (e.g. technical engineers). The rayon (or the respective cities) are the so-called lowest level of inspection of construction (‘Untere Bauaufsichtsbehörde’). The implement all functions of operative tasks of the inspection of construction. That means that the single decisions are done by the rayon administration. The rayon is superwised by the higher level (usually the district). The higher level (‘Höhere Bauaufsichtsbehörde’) releases general instructions how to implement laws and by-laws. The higher level decides on appeals against the decisions on single cases of the rayon administration.

    The Ministries on Construction of the 16 states can release general instructions on requirements of constructions. They can state more precisely these requirements via referring to technical norms. These technical norms are mainly the DIN-norms (German system of norms) or DIN-EN-norms (elaborated by the European organisation on norms CEN). The ministries can declare these norms or part of them as mandatory.

    2. The functions of the agencies for inspection of construction

    The agencies for inspection of construction cover mainly two functions:

    2.1. Issuing permissions for construction.

    The regular case is the following. A citizen applies for a permission to construct a building. The Code of Construction (see this Online-library) regulates format and content of the supplication. The agency consults the commune and other public agencies. The procedure is finalized by a written official order. This must be given in due time (normally not more than 2 or 3 months). If the order is negative, the citizen can apply to the higher agency of construction; if this is without success, he can apply to the court on administrative law.

    2.2. Controlling how far existing constructions fulfill the public norms or endanger persons or other objects.

  • Plans / maps / photos:
    Bibliographic information:
  • Paper of the project integrated urban development

  • Additional Information:
  • Overview (cornerstones) of the instruments, the system and the procedures of planning, permission and inspection of constructions in Germany

  • Date of publication:
  • February 28, 2018
  • Rights:
  • Open access (Project document)

  • Contact Information:
  • Integrated Urban Development in Ukraine

    7, Krutyi Uzviz Street, 2rd floor

    01004 Kyiv Ukraine

    Т +380 44 581 00 02

  • Languages:
  • German, Ukrainian
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