Excavation; submission of documents for excavation without a permit

If your excavation project is within the scope of a development plan that contains regulations on the permissibility, location and size of the excavation, it may not require a permit.

Description

Prerequisites

Under the following conditions, the submission of the documents required for an excavation application is sufficient for an excavation procedure without the need for an excavation permit:

  • The project is within the scope of a development plan that contains regulations on the permissibility, location and size of the excavation,
  • an environmental impact assessment was carried out for an excavation requiring an environmental impact assessment as part of the procedure for drawing up the development plan,
  • the excavation does not contradict the provisions of the development plan and local building regulations and
  • the development is secured.

However, the municipality can apply to the lower excavation authority for a provisional prohibition in accordance with Section 15 (1) sentence 2 of the German Building Code (BauGB).

Procedure

Written submission

  • Submit the required documents to the municipality in whose area the excavation site is located.
  • The documents correspond to those of an excavation application together with an excavation plan and must be submitted in triplicate using the forms provided.
  • Notify the neighbors of the excavation site of the excavation project at the latest when submitting the documents to the municipality. It is better to involve the neighbors in advance by submitting the excavation plan for their approval.
  • The municipality can request that an approval procedure be carried out within one month of submitting the documents. This means that the documents are automatically processed as a building application, provided you have noted this accordingly on the building application form. The lower building supervisory authority is responsible for examining and deciding on the building application.
  • The municipality can only oppose your project by applying for a temporary ban on the excavation work within one month of submitting the documents. The lower excavation authority must then decide on such an application.
  • However, if the municipality does not apply for a temporary ban on excavation within one month or declares that it will not apply for a temporary ban, your project is not subject to approval.

Digital submission

Digital submission of documents for excavation without a permit is not yet possible throughout Bavaria. This is only possible with certain lower excavation authorities. You can find out what these are in Section 1 of the Digital Building Application Ordinance. You can find the link under the "Legal basis" tab.

  • The documents can be submitted digitally using the online assistant. 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 documents are first sent to the lower excavation authority, which forwards them immediately to the responsible municipality. The one-month period, after which the project is exempt from approval, begins with the submission of the digital documents.

Special notes

If your excavation project does not require a permit, you are responsible for ensuring that the requirements for exemption from approval are met and that public law regulations are complied with.

Please note that you must notify the lower excavation authority of the start of excavation at least one week in advance.

Deadlines

In principle, there are no deadlines.

However, if you do not want to start work until more than four years after the excavation has become permissible, you must resubmit the required documents.

Processing time

If the municipality does not apply for a provisional prohibition within one month of submission of the required documents, you may commence execution.

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: 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

  • none

Remedy

If the municipality applies for provisional prohibition, you cannot appeal against this, as it is purely an internal administrative matter. You can appeal to the administrative court against the decision of the lower excavation authority regarding the provisional prohibition.

Status:29.02.2024

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

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  • Online transactions, Bavaria-wide
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  • Form, Bavaria-wide
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  • Prefillable Form, Bavaria-wide
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