You may be granted an exemption from the moratorium on changes to ensure compliance with land-use planning for your construction project, provided that there are no overriding public interests that would preclude it. The building permit authority, in consultation 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:
- Construction, alteration, or change of use of structures,
- large-scale landfills and excavations,
- excavations, deposits, including storage sites,
- demolition of structures,
- significant or substantially value-enhancing alterations to real property and structures, provided that 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 whose implementation could have begun before the moratorium on changes 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.
Rhineland-Palatinate: Appeal and Lawsuit.
The lower building authority is generally responsible. This is the district administration; in independent cities and large cities within a district, it is the city administration or the municipal association administration, if building supervision duties have been delegated to it (the municipal association administrations of Diez and Konz).
