Dienstleistungsportal Bayern

Description

Prerequisites

You only have to report the removal of an installation if there is an obligation to do so.

There is no such obligation in the case of installations whose construction is not subject to a procedure. There is also no obligation in the case of free-standing buildings of building classes 1 and 3 and other installations that are not buildings with a maximum height of 10 m.

Procedure

Written submission

• Submit the completed "Notice of Removal" form in writing to the appropriate municipality and to the appropriate building inspection authority (district offices, independent cities, large county seats and certain larger municipalities).
• A verbal notification is not sufficient.
• You will not receive an acknowledgement of receipt.
• The municipality then checks whether it wants to take steps under planning law to prevent the removal. The lower building supervisory authority checks whether it needs to take steps under building law.

Digital submission

Digital submission of the notice of removal is currently not yet possible throughout Bavaria. This can only be done at certain lower building supervisory authorities. You can find out which these are in § 1 Digital Building Application Ordinance. You can find the link under the "Legal basis" tab.

• The removal can be indicated digitally using the online wizard. The predefined form "Notice of Removal" is replaced by the queries in the Online Assistant. Signatures are replaced by authentication using the "BayernID" user account.
• The attachments are uploaded in the online assistant in electronic form (files in PDF format). The notification first reaches the lower building supervisory authority, which immediately forwards it to the responsible municipality.

Special notes

In addition to the Notice of Removal, you must notify the Building Inspectorate of the start of the removal work one week prior to the start of the removal work using the form or the online Construction Start Notice Wizard. Note that in some cases a qualified structural engineer must supervise the removal.

You may only remove historical monuments if you have obtained a corresponding permit under the law on the protection of historical monuments. You must apply for this permit (independently of the removal notification) at the responsible lower monument protection authority.

Deadlines

You must notify the removal at least one month before the start of the removal work.

Required documents

• Proof of stability

  If you want to remove a building that is not freestanding, a qualified structural engineer must assess and demonstrate to the required extent that the building or buildings to which the building to be removed is attached will be stable during and after the removal. This does not apply if the building to be removed is attached to a building not subject to the procedure.

Forms

• Form, Bavaria-wide: Beseitigungsanzeige

  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:
  Erläuterungen zum Ausfüllen der Beseitigungsanzeige

Fees

• none

Legal bases

• Art. 57 Bayerische Bauordnung (BayBO)

  Verfahrensfreie Bauvorhaben, Beseitigung von Anlagen

• Verordnung über die digitale Einreichung bauaufsichtlicher Anträge und Anzeigen (Digitale Bauantragsverordnung - DBauV)

Remedy

Since no decision is issued by the municipality and the lower building inspection authority, you cannot appeal.

Links to more information

• Verfahrensfreie Bauvorhaben

Related issues

• Construction project; Notification of the start of construction work
• Building project; application for a building permit
• Building project; application for a partial building permit
• Building project; application for a preliminary decision
• Building project without procedure; information