Inspection of files

Access to the files of ongoing proceedings

It is possible to inspect files relating to ongoing procedures such as planning permission procedures or objections under certain conditions.

Shelves,Full,Of,Paper,Documents,Stored,In,An,Old,Archive. — File archive

In administrative proceedings, the parties involved have the right to inspect the authority's files in the case in question. This may be the case, for example, in building permit or objection proceedings.

By inspecting the case file, the parties involved can find out which documents form the basis of the building authority's decision in a procedure. This gives the parties involved the opportunity to explore their legal options and determine how to proceed. Inspection of the file is particularly important in cases in which the requirements for applications are to be examined or in which the claims to which the parties are entitled are to be determined.

Authorization to inspect files

If the legitimate interest or entitlement to inspect the files is not readily apparent, both must be demonstrated on a case-by-case basis. The following are entitled to inspect files in ongoing proceedings:

Applicant in the proceedings (e.g. owner, building owner, authorized third party)
Respondent, if any
Addressee of an administrative act/public law contract
Direct neighbors, if the authority has involved them in the specific procedure and/or neighbouring rights could be affected, as well as their authorized third parties
Other persons entitled in rem with a position similar to ownership (hereditary building rights, apartment owners, prospective beneficiaries (priority notice in their favor already entered in the land register and benefits and encumbrances already transferred)

Requesting access to the file

An informal application to the responsible clerk is sufficient for accessing files in ongoing procedures.
No further documents are required, as the applicant and other parties involved are generally known to the building inspectorate. If this is not the case, appropriate evidence will be requested.

If there is a legitimate interest, it is possible to inspect the building file of completed processes. These files are stored in the building file archive of the Wiesbaden building inspectorate.