New Building Act

What is it about?

The new Construction Act will apply to permit applications submitted after 1 January 2025. Building permits will be issued by the Building Control Authority.

The old forms of authorisation – building permit, measure permit and notification procedure – will be phased out.

When is an authorisation needed?

A building permit is required in the case of

• residential building
• a building of at least 30 square metres or 120 cubic metres in size
• a canopy of at least 50 square metres in size
• a public building which is occupied for at least two weeks and can be used by at least five persons at the same time
• a mast or chimney at least 30 metres high
• an illuminated advertising device of at least 2 square metres
• energy well
• an area built for a specific activity which has an impact on the use of surrounding areas

What changed?

The building permit is accompanied by an assessment of the conditions and technical feasibility of the siting of the building. If the applicant so wishes, the project can be dealt with first by means of a siting permit, followed by an application for a building permit.

The permit threshold has been raised, and the limits for obtaining a permit are defined by law (§ 42 RakL).

• or example, a yard building of less than 30 m² or a canopy of less than 50 m² do not usually require a building permit, but the construction must comply with the zoning regulations of the area and the municipality’s building regulations.
• A building permit is required when there is a substantial change of use, a repair to essential features of a building or a substantial repair to a protected or valuable building.
• The demolition of a domestic building will no longer require a building permit unless the building is of historical or architectural value. Changes to the use of buildings will continue to be dealt with through a building permit.

The landscape permit, demolition permit and demolition notification remain unchanged. Some projects will still require a derogation.

Building regulations

Although a building project does not always require a building permit, building regulations must be followed. A building site may not be built without a building permit. The building site is defined in the plan or by a separate siting permit decision.

The zoning regulations set limits on issues such as distances, building rights, materials and appearance. In addition, distances to the boundary, fire regulations and the load-bearing capacity of structures must be taken into account.