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Certificate of non-objection / Division approval

Official approval is required for the division of an existing land parcel that has been built on or for which development has been approved as well as for the division of land parcels that have received a building approval exemption. This approval (division approval) is provided by the building supervisory authorities or through a certificate of non-objection (in accordance with §7 land parcel division of the Hessian Building Code) by a publicly appointed surveying engineer or an agency for land management.

Certificate of non-objection / Division approval

According to §7 of the Hessian Building Code which regulates land parcel division, an approval from the building supervisory authorities is necessary to make the division of a land parcel effective.

This is referred to either as a division approval or as a certificate of non-objection and is issued by a publicly appointed surveyor or an agency for land management.

Whether the division of a land parcel requires an approval is specified in § 8 Sec. 1 of the German Federal Building Code (BauGB) through provisions in the jurisdiction of a development plan.

The division approval is also referred to as a subdivision approval. When property holders wish to divide their land plot or a building, this action requires division approval in accordance with § 19 of the German Federal Building Code. With condominiums it must be shown that the apartment is an independent unit.

The property holder or the architect must indicate the exact portion of the land parcel that is being divided. Following this the property holder receives the separation certificate which together with the current building plans and the site plan is required for a notarized declaration of division so as to enable an entry in the land registry.