Flying structures; notification of erection and acceptance for use

The erection and use of flying constructions requiring a permit must be reported.

Description

Flying structures are structural installations that are suitable and intended to be repeatedly erected and dismantled at changing locations. Flying structures include, for example, grandstands, stages with or without canopies, advertising towers, tents of all kinds, airborne structures, amusement rides (from boat swings to Ferris wheels), amusement stores, gambling and sales businesses, hospitality facilities, etc. Construction site facilities and facilities in amusement parks are not flying structures.

The intended erection of flying structures requiring a permit must be notified to the Building Inspectorate at least one week in advance, with presentation of the inspection book, unless this is not required under the execution permit.

Flying constructions requiring approval may only be put into operation if

  • they have been accepted by the building supervisory authority (acceptance for use), unless this is not required according to the execution permit or the building supervisory authority waives this in individual cases, and
  • acceptance tests prescribed in the execution permit have been carried out by experts in accordance with Art. 72 Para. 2 Sentence 3 Bavarian Building Code (BayBO).

Prerequisites

Flying structures may only be erected and put into use if an execution permit has been issued before they are erected or put into use for the first time.

Execution permits issued by other states of the Federal Republic of Germany are also valid in the Free State of Bavaria.

Procedure

Flying structures requiring a permit must be reported to the building supervisory authority.

Special notes

Flying structures are exempt from notification if this is specifically noted in the inspection book or if the preparation of an execution permit is not required, these are:

  • flying structures up to 5 m in height, which are not intended to be entered by visitors,
  • flying structures with a height of up to 5 m, operated for children and having a speed of not more than 1 m/s,
  • stages that are flying structures, including canopies and other structures with a height of up to 5 m, a floor area of up to 100m2 and a floor height of up to 1.50 m,
  • ground-floor tents and accessible sales stands that are mobile structures, each with a floor area of up to 75m2,
  • inflatable playground equipment with a height of the accessible area of up to 5 m, or with covered areas where the distance to the exit does not exceed 3 m, or, if the roofing is structurally prevented from sinking, does not exceed 10 m,
  • Toilet carts.

Deadlines

The intended erection of flying structures requiring a permit shall be notified to the Building Inspectorate at least one week in advance, with submission of the inspection book, unless this is not required under the implementation permit.

Required documents

  • The following documents are required:

    • Site plan on a scale of 1:1000
    • Original inspection book
    • in individual cases, if necessary, further documents

Fees

  • Depending on the procedure, the fee range is EUR 40 to 1,000.

Status:06.04.2023

Responsible for editing:Bayerisches Staatsministerium für Wohnen, Bau und Verkehr

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