Building in Rüdersdorf

In principle, both a building permit and planning permission are required for the realisation of a building project.

A building permit states whether building projects are generally permitted at a certain location. A building permit authorises the implementation of a specific building project.

You can obtain legally non-binding, but free information on whether your building project is subject to planning permission from our Planning and Building Department (Building Office). The best way to do this is to send us an e-mail with your property details (address, district, parcel, plot) and your specific questions or plans to planung@ruedersdorf.de.

You can obtain legally binding information on whether planning permission can be granted for your building project by submitting a preliminary building enquiry to the building regulations office of the Märkisch-Oderland district for a fee. You can contact the building regulations office by e-mail at bauordnungsamt@landkreismol.de.

To get an initial overview of whether your property is located within the scope of a development plan, please use our geoportal, which you can access via the following link: https://www.geoportal-ruedersdorf.de/viewer.php. In the topic menu, you can view our current development plans sorted by district. To do this, click on the relevant "Planning - OT ..." folder and select the relevant development plans. These are then displayed on the map. Click on the "i" symbol to call up further information and download the planning documents as PDF files.

If you have any questions or require further information, please send us an e-mail with your property details (address, district, parcel, plot) and your specific questions or plans to planung@ruedersdorf.de.

If there is no building permit for your construction project, there are various options for obtaining a building permit.

If there is no building law because your building project contravenes the provisions of a valid development plan, you can apply for an exemption from the provisions of this development plan. Minor deviations are generally permitted (Section 31 (2) of the Building Code). Major deviations are usually only possible by amending the development plan. For residential construction, however, major deviations can also be permitted without amending the development plan (Section 31 (3) of the Building Code). In any case, the consent of the municipality is required.

If there is no building permit because your building project does not fit in with the neighbourhood (Section 34 (1) or (2) of the Building Code), you can apply for a derogation (Section 34 (3b) of the Building Code). However, this is only possible for residential buildings and only with the consent of the local authority.

If there is no building permit for the reasons mentioned above or because your building project is located in the so-called outdoor area (i.e. outside the existing settlement structure), you can apply for a permit in accordance with the so-called "building turbo" (Section 246e of the Building Code). This is only possible if your building project mainly involves residential construction. The municipality must give its consent.

In addition, it is usually possible to draw up a development plan in order to obtain building rights. As a municipality, we are responsible for drawing up development plans.

In each of these cases, we recommend that you contact our Planning and Building Department (Building Authority) before applying for planning permission. It is best to send us an e-mail to planung@ruedersdorf.de with your property details (address, district, parcel, plot) and your specific questions or plans.

As a municipality, we are responsible for drawing up a development plan. A development plan procedure is a complex process that takes a long time (often several years). For this reason, this route to planning permission is generally only considered for larger or more complicated building projects.

In each case, you must consult our municipal administration individually about the preparation of a development plan. Various resolutions of the municipal council are required in the procedure for drawing up a development plan.

If you are considering having a development plan drawn up, please make an appointment with our Planning and Building Department (Building Office), preferably by e-mail to planung@ruedersdorf.de.

To obtain a building permit, you must submit a building application. The building regulations office of the Märkisch-Oderland district is responsible for issuing building permits, not our municipality. Please contact your planning or architectural office for information on the requirements to be observed when applying for a building permit.

If you have general questions, you can contact the Building Regulations Office by e-mail(bauordnungsamt@landkreismol.de).

The so-called "building turbo" opens up various possibilities for you to obtain building rights where this was previously not possible without drawing up or amending a development plan.

The "construction turbo" makes it possible to deviate from the provisions of a valid development plan to a greater extent than before (Section 31 (3) of the German Building Code) or to bypass them completely (Section 246e of the German Building Code).

With the help of the "Bauturbo" you can also apply for a building licence if your building project does not fit in with the immediate surroundings (Section 34 (3b) of the German Building Code).

In addition, the "building turbo" offers the possibility of obtaining building rights where this was previously not possible without drawing up a development plan (Section 246e of the German Building Code). This also applies in the so-called outdoor area (i.e. outside the existing settlement structure).

All "Bauturbo" options are only available for residential construction projects or other directly related areas of use. The consent of the municipality is required in all cases.

The municipality can attach conditions to its approval. And the municipality decides whether to organise public participation in the construction project (e.g. publication of the planning documents or a public information event).

Our municipality has adopted its own rules on how the "construction turbo" should be applied by a resolution of the municipal council. In principle, the mayor decides on the approval of the municipality for smaller construction projects (up to 6 residential units). For larger construction projects or construction projects in outdoor areas not previously intended for residential purposes, the municipal council decides.

Whether the municipality gives its approval depends in each case on whether the building project is in line with the municipality's vision of its urban development. This is examined by the municipal administration in each individual case. This assessment is based in particular on the land use plan, the integrated urban development concept, the climate protection concept and the retail concept.

The municipality can also attach conditions to its approval. In this case, an urban development contract is concluded between the municipality and the developer. Only then does the municipality grant its approval.

The municipality must decide on its approval within three months. This period begins when the building regulations office of the Märkisch-Oderland district submits the building application to our municipality for approval. If the municipality decides to carry out a public consultation on the building project, the approval period can be extended to a maximum of four months. If the municipality does not make a decision within this period, its consent is deemed to have been granted.

The "building turbo" can enable construction projects for which there would be no "classic" building permit (in accordance with Section 34 (1) and (2) of the German Building Code) due to a lack of building law. And it can enable construction projects that would otherwise require the creation or amendment of a development plan. A development plan procedure is a complex process that takes a long time (often several years). The "building turbo" can therefore make it possible to realise a construction project more quickly and cost-effectively.

In contrast to a "classic" building permit, on which the municipality may only comment, the consent of the municipality is mandatory for a building permit for a "construction turbo". Coordination between the municipality and the developer is therefore generally required. The municipality can attach conditions to its approval, which must then be contractually agreed. And the municipality decides whether to involve the public in the construction project (e.g. by publishing the planning documents or organising a public information event). Particularly in the case of small building projects, which can also obtain a "classic" building permit, this may cause additional time and financial expenditure.

If you are sure that you will receive a "classic" building permit for your building project (Section 34 (1) and (2) of the German Building Code), then there is usually nothing to stop you from submitting a building application directly.

If you would like to apply for planning permission using the "Bauturbo" (Section 31 (3), Section 34 (3b) or Section 246e of the German Building Code), we recommend that you consult with our municipal administration before submitting a planning application. All open questions can then be clarified in peace and quiet. The best way to do this is to send us an email with your property details (address, district, parcel, plot) and your specific questions or plans to planung@ruedersdorf.de.

The background to this is that the municipality must decide on the approval of your building project within three months in the planning permission procedure. If it is not possible to clarify all outstanding issues within this time, the municipality will not grant approval. You will then not be able to obtain planning permission for your building project.

The best way for us to provide you with information is to send us your enquiry in writing by e-mail. Describe as precisely as possible how you envisage your building project so that we can give you a customised answer.

For larger building projects, we would be happy to arrange a personal appointment with you to discuss whether and how your building project could be realised in our municipality.

For all questions regarding building law and the application of the "Bauturbo" in our municipality, please contact the following person:

Municipality of Rüdersdorf near Berlin
Department 1 - Planning and Building
E-mail: planung@ruedersdorf.de
Phone: 033638 / 85 103

For all questions regarding the building application and planning permission, please contact the following person:

District of Märkisch-Oderland
Building Regulations Office
E-mail: bauordnungsamt@landkreismol.de
Phone: 03346 / 850 7501

Internet: www.maerkisch-oderland.de/leben-wohnen/wohnen/bauen-planen/bauaufsichtsbehoerde