Aerial view of three detached houses with gardens

Division authorisation

Division authorisation

If a developer wishes to divide his property in connection with his project, this requires a corresponding division licence. The subdivided, so-called depreciated part of the property should then become an independent property with its own land register sheet or be allocated to another property. This must not result in any conditions that contravene building planning and building regulations. The process requires authorisation under certain conditions.


  • When is an authorisation required?

    A property division requires approval if the property in question1 is already developed, its development has been approved or may be developed in the course of the exemption from approval (Section 64 HBO). If this is not the case, no authorisation is required for the division of the property. In order to prove this to the land registry, a so-called "negative notice" is issued.

  • Are there alternatives?

    As an alternative to the division authorisation, a so-called building code clearance of the division can also be certified by a surveying office within the meaning of Section 15 (2) of the Hessian Surveying and Geoinformation Act. This can also be submitted to the land registry.

  • Where can I apply for a partition licence?

    The division authorisation must be applied for at the building department of the district of Waldeck-Frankenberg.

  • Which documents are required?

    The application form for the division authorisation can be downloaded on the right. You will also need

    • Extract from the property map with location comparison and coloured entry of the requested division boundary
    • If applicable, site plan of the buildings on the property including entry of the clearance areas
    • If applicable, construction drawings of the buildings concerned

    The documents must be submitted in duplicate.

  • When is an application futile?

    The division of a property may not be authorised if this creates conditions that contradict the provisions of the Hessian Building Regulations (HBO) or regulations issued on the basis of these. It should also be noted that only building regulations in accordance with the HBO are examined in the course of the application. The owner is responsible for complying with building planning regulations.

  • How long does the processing take?

    The processing time is usually around three months.

  • How high are the fees?

    The fee for issuing a partition licence is based on the applicable administrative cost regulations and is calculated according to the time and effort involved.