Excavation; application for an excavation permit

You generally require an excavation permit to carry out an excavation. This does not apply to smaller excavations in particular.

Description

Prerequisites

The requested excavation permit will only be granted if the project is subject to approval. Furthermore, the excavation must not conflict with any public law regulations that are to be examined in the approval procedure.

Procedure

Procedure with or without an 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 will carry out such an assessment if you apply for an excavation requiring approval 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 must be involved in the environmental impact assessment:

  • the authorities whose environmental responsibilities are affected by the project, and
  • the public.

It is not necessary to involve the neighbors themselves, as they have the opportunity to comment as part of the environmental impact assessment.

However, if none of the above-mentioned cases apply, the lower excavation authority will 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 given 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 statement 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 of the Digital Building Application Ordinance. You can find the link under the "Legal basis" tab. If necessary, the lower excavation authority will involve the municipality.
  • 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 not yet possible throughout Bavaria. This is only possible for certain lower excavation authorities. You can find out which these are in § 1 of the Digital Building Application Ordinance. You can find the link under the "Legal bases" tab.

  • The excavation application can be submitted digitally using the online assistant, if necessary after involving the neighbors.
  • The predefined forms are replaced by the queries in the online assistant.
  • The excavation plan is uploaded to the online assistant in electronic form (files in PDF format).
  • Signatures are replaced by authentication using the "BayernID" user account.
  • The digital excavation application is sent directly to the lower excavation authority. If the lower excavation authority is not itself a municipality, it will involve the municipality.

Special notes

For excavations requiring approval, apply for the excavation permit and wait until you have been granted it before you start work.

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 has to be carried out.

Required documents

  • current cadastral map extract

  • Site plan

    (M 1 : 1,000 or 1 : 5,000)

  • 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.

Fees

  • The fees for an excavation permit depend on the quantity of usable excavated material.

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

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

Remedy

If you do not receive the excavation permit you have applied for, you can file an administrative lawsuit. This must be directed at the granting of the requested excavation permit.

An objection is not possible.

Status:29.02.2024

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

Contains machine translated content. Show the original content

  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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