An excavation permit grants you the right to carry out an excavation for projects requiring a permit. In particular, excavations with a maximum floor area of 500 m² and a maximum depth of 2 m are not subject to approval. The permit requirement is therefore only waived if both dimensions are not exceeded.
Excavation in connection with a building project
If the excavation takes place in connection with a construction project, you do not have to apply for an excavation permit.
Excavation not subject to approval
If the excavation does not require a permit, you do not need to apply for an excavation permit. You would not be issued such a permit.
Consequences of not obtaining a required excavation permit.
If you intentionally or negligently carry out an excavation without the required excavation permit, this constitutes an administrative offense. You can be fined up to €500,000 for this.
The excavation permit applied for shall only be granted if the project is subject to approval. Furthermore, the excavation must not conflict with any regulations under public law that are to be examined in the approval procedure.
Procedure with or without environmental impact assessment.
The procedure depends in particular on whether or not an environmental impact assessment is to be carried out. The lower excavation authority carries out such an assessment if you apply for an excavation requiring a permit with an excavation area of more than 10 hectares. This also applies to excavations with an excavation area of more than one hectare in a protected area, a national park or a nature reserve. If the excavation area of more than one hectare is located in a biotope, the lower excavation authority also carries out an environmental impact assessment.
The lower excavation authority shall involve within the scope of the environmental impact assessment
- the authorities whose environmental responsibilities are affected by the project, and
- the public.
It is precisely not necessary to involve the neighbors themselves, as they have the opportunity to comment within the framework of the environmental impact assessment.
If, on the other hand, none of the above-mentioned cases exists, the lower excavation authority does not carry out an environmental impact assessment. For you, this means that you must first submit the excavation plan to the neighbors of the excavation site for approval before submitting it. Any consent must be in writing.
- Submit the excavation application with the required documents to the municipality in whose area the excavation site is located, if necessary after involving the neighbors. If the municipality is not itself the lower excavation authority, it forwards the excavation application together with its opinion to the lower excavation authority.
Exception: In the area of responsibility of the lower excavation authorities, which are district offices and allow digital submission, you must submit the written application directly to the lower excavation authority. You can find out which district offices these are in Section 1 Digital Construction Application Ordinance. You will find the link under the tab "Legal basis". The involvement of the municipality - if required - is carried out by the lower excavation authority.
- Submit the application in triplicate using the forms provided.
- An oral application is not possible.
- The lower excavation authority (district offices, independent cities) decides on the application, if necessary after carrying out the environmental impact assessment.
Digital submission of excavation applications is currently not yet possible throughout Bavaria. This can only be done at certain lower excavation authorities. You can find out which these are in § 1 Digital Construction Application Ordinance. You can find the link under the tab "Legal basis".
- The excavation application can be submitted digitally, if necessary after involving the neighbors, using the online wizard.
- The predefined forms are replaced by the queries in the online assistant.
- The excavation plan is uploaded in the online assistant in electronic form (files in PDF format).
- Signatures are replaced by authentication using the "BayernID" user account.
- The digital excavation application reaches the lower excavation authority directly. If the lower excavation authority is not itself a municipality, it carries out the involvement of the municipality.
If you do not receive the requested excavation permit, you can file an administrative court action. This is to be directed to the granting of the requested excavation permit.
An objection is not possible.