Information - Services - Formalities by subjects - Real estate and transport - Construction planning - Excavation; application for an excavation permit. - Dienstleistungsportal Bayern

Description

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.

Prerequisites

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

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.

Written submission

• 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

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.

Special notes

For excavations requiring a permit, apply for the excavation permit and wait for it to be issued to you before beginning construction.

Deadlines

none

Processing time

The processing time depends on the scope and complexity of the project, the current workload of the authority and whether an environmental impact assessment must be carried out.

Required documents

• current cadastral map extract
• Site plan
• Construction drawings
• Building description (form see under "Forms")
• any supporting documentation

  Depending on the excavation applied for, further documents may be required. This is particularly the case if an environmental impact assessment is to be carried out.

Forms

• Form, Bavaria-wide: Bauantragsformular

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

• Form, Bavaria-wide: Baubeschreibung zum Bauantragsformular

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

• Form, Bavaria-wide: Bauantragsformulare (alle)

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  Die verbindlich vom Bayerischen Staatsministerium für Wohnen, Bau und Verkehr bekannt gemachten Bauvordrucke können einzeln oder als Zip-Datei heruntergeladen werden. Sie haben außerdem Zugriff auf Erläuterungen zu bestimmten Bauantragsformularen.

Fees

• The fees for an excavation permit depend on the amount of exploitable excavated material.

  • For sand and gravel pits, quarries and similar excavations for the extraction of excavated material for projects with exploitable excavated material up to 50,000 m³ 100 EUR plus 25 EUR per 1,000 m³ or part thereof.
  • For sand and gravel pits, quarries and similar excavations for the extraction of excavated material for projects with usable excavated material above 50,000 m³ up to 500,000 m³ 1,350 EUR plus 55 EUR per 10,000 m³ or part thereof exceeding 50,000 m³.
  • For sand and gravel pits, quarries and similar excavations for the extraction of excavated material for projects with usable excavated material exceeding 500,000 m³ 3,825 EUR plus 110 EUR per 500,000 m³ exceeding 50,000 m³ or part thereof
  • For other independent excavations 50 to 2,000 EUR

  If an environmental impact assessment is to be carried out, the fee is increased by 40%.

Legal bases

• Art. 9 Bayerisches Abgrabungsgesetz (BayAbgrG)
• Verordnung über Bauvorlagen und bauaufsichtliche Anzeigen (Bauvorlagenverordnung - BauVorlV)
• Art. 78a Bayerisches Verwaltungsverfahrensgesetz (BayVwVfG)
• Gesetz über die Umweltverträglichkeitsprüfung (UVPG)
• Verordnung über die digitale Einreichung bauaufsichtlicher Anträge und Anzeigen (Digitale Bauantragsverordnung - DBauV)
• Art. 9 Abs. 1 S. 5 Bayerisches Abgrabungsgesetz (BayAbgrG)

Remedy

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.

Related issues

• Excavation; notification of the start of excavation
• Excavation; application for a partial excavation permit.
• Excavation; application for a preliminary decision
• Excavation; submission of documents for permit-exempt excavation.
• Building project; application for a building permit