Amended building permit (Tektur)

Amendment (Building Permit) - An amendment is a change or addition to a building permit that has already been issued. If changes to the plans arise during the construction phase-such as altered floor plans, a different window layout, changes in materials, or modified floor heights-an amendment must be requested. The amendment modifies the existing building permit without requiring a completely new building application, making it the most important tool for adapting construction plans to changed requirements during the construction phase.

When an Amendment Is Required

An amendment is always required when the change is relevant to the permit-that is, when it affects the content of the building permit. Typical cases requiring an amendment:

• Change to the floor plan layout (different room arrangement, additional or fewer residential units, change in living space)
• Change to the external dimensions (different building height, altered roof shape, addition or removal of balconies and dormers)
• Change in use (commercial instead of residential in part of the building, or vice versa)
• Change in setback distances from the property line or neighboring buildings
• Change in the number of parking spaces (fewer parking spaces or a different arrangement of parking spaces)
• Significant changes to fire safety measures (different escape routes, altered fire compartments)
• Changes to the facade design if this is relevant to the building permit (e.g., in historic preservation districts or areas subject to design regulations)

Purely internal changes with no impact on parameters relevant to building regulations, however, do not require an amendment-examples: tile color, kitchen fixtures, type of interior doors, or choice of flooring.

In case of doubt, we recommend submitting an informal inquiry to the relevant building authority to determine whether an amendment is required. This preliminary inquiry is free of charge and protects against unauthorized construction.

Procedure and Costs

The building owner or their architect submits the amended plans to the building authority-that is, the modified drawings in which the changes from the original permit are highlighted in color (convention: red = new additions, yellow = omitted). The amendment plans must meet the same requirements as the original building documents (scale, dimensions, material specifications).

The processing time at the Nuremberg Building Authority is approximately 4-8 weeks-significantly shorter than for a complete new building application, since only the changes are reviewed and the basic concept has already been approved. In the case of particularly extensive changes or if neighbors’ rights are affected, the processing time may be longer, as neighbors may need to be consulted.

The fees depend on the scope of the change and the value of the modified building components. Typically, the fees amount to 30-50% of the fees for a comparable new construction application. For minor changes, the Bavarian Building Code provides for the simplified procedure of a notification of design changes, which does not require formal approval but only a notification to the authorities-the builder may then begin the modified construction after a short waiting period.

Practical Tip for Property Owners in Nuremberg

We recommend that builders in the Nuremberg metropolitan region submit plan changes early on during the construction phase as a Tektur-not only after the change has already been built. Building without a valid permit (even for supposedly minor changes) can lead to a construction halt and, in the worst case, an obligation to demolish. The Nuremberg Building Authority regularly inspects construction sites, and neighbors affected by setbacks or other public-law protection regulations can file a complaint with the building inspectorate.

Discuss every plan change with your architect, who can assess whether an amendment is required or whether the change can be implemented as a measure not requiring approval. Practical tip: Collect several minor changes and submit them as a single amendment-this saves on fees, reduces administrative burden, and avoids multiple waiting periods. In practice, we recommend submitting amendment applications no later than when it becomes apparent that the modified construction is scheduled to begin within the next six weeks.

In Nuremberg districts with special preservation regulations (e.g., Altstadt, Gostenhof, Maxfeld), amendment applications may be subject to a design review by the city planning department, which extends the processing time. Allow an additional 4-6 weeks for this.

Frequently Asked Questions

What happens if I build without a design amendment?

If you implement changes requiring approval without a design amendment, you are building without a valid building permit for that part of the project. The Building Authority may impose a construction freeze and, in the worst case, order the demolition of the unapproved parts. Additionally, you may face a fine under the Bavarian Building Code, which can amount to several thousand euros depending on the severity of the violation. During the final inspection, compliance with the permit is verified-any deviations will be objected to and must be rectified before the acceptance certificate is issued. A Tektur can be applied for retroactively (so-called retroactive approval or legalization approval), but there is no guarantee that the change will be approvable.

How long is a Tektur valid?

The Tektur permit has the same validity period as the original permit-in Bavaria, 4 years from the date the original permit was issued (Art. 69 BayBO). The Tektur does not extend this period. If the original permit has expired, a completely new building application must be submitted, which will subject the project to a completely new assessment-possibly under amended building regulations. The amendment must therefore be applied for in a timely manner, and construction (at least the start of construction) must take place within the permit’s validity period.

Can an amendment be rejected?

Yes, if the amended plans are not approvable-e.g., if the change violates the zoning plan, fails to meet the setback requirements under the BayBO, infringes on neighbors’ rights, or conflicts with public interests. In this case, the builder must either adjust the amendment (which may incur additional planning costs) or continue construction based on the original permit. If rejection is imminent, it is advisable to discuss the matter with the building authority at an early stage to explore possible solutions-in practice, building authorities are often willing to find compromises before issuing a formal notice of rejection.

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