Excavation; submission of documents for permit-exempt excavation.
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 be exempt from approval.
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 be exempt from approval under certain conditions (see "Conditions").
Nevertheless, the documents required for an excavation application must be submitted. However, the municipality may request a preliminary prohibition within one month of submission.
Even if the project does not require a permit, it must comply with all regulations that must be observed.
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 regarding 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).
- 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 and using the prescribed forms.
- 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 to them for approval.
- The municipality can demand that an approval procedure be carried out within one month of submission of the documents. This means that the documents are automatically processed as a building application, provided that you have noted this on the building application form. The lower building supervisory authority is responsible for reviewing and deciding on the building application.
- The municipality can only oppose your project by applying for a temporary prohibition of the execution of the excavation within one month of the submission of the documents. The lower excavation authority must then decide on such an application.
- If, on the other hand, the municipality does not apply for a temporary prohibition of the excavation within one month or declares that a temporary prohibition will not be applied for, your project is exempt from approval.
Digital submission of documents for permit-free excavation is currently not yet possible throughout Bavaria. This can only be done at certain lower excavation authorities. You can find out which ones in § 1 Digital Construction Application Ordinance. You can find the link under the tab "Legal basis".
- The documents can be submitted digitally using the online wizard. The given forms are replaced by the queries in the Online Assistant.
- The excavation plan is uploaded in the online wizard in electronic form (files in PDF format). Signatures are replaced by authentication using the "BayernID" user account.
- The documents first reach the lower excavation authority, which immediately forwards them to the responsible municipality. The one-month period, after which the project is exempt from approval, begins with the submission of the digital documents.
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 the regulations under public law are complied with.
Please note that you must notify the lower excavation authority of the start of excavation at least one week in advance.
In principle, there are no deadlines.
However, if you want to start the execution more than four years after the excavation has become permissible, you must submit the required documents again.
If the municipality does not request a provisional prohibition within one month after the required documents have been submitted, you may start construction.
If the municipality applies for a provisional prohibition, you cannot appeal against this, as it is purely an administrative internal matter. You can appeal to the administrative court against the decision of the lower excavation authority on the provisional prohibition.
Links to more information
Responsible for editing: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
- Online transactions, Bavaria-wide
- Online transactions, locally limited
- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
- Legal bases, locally limited
- Fees, Bavaria-wide
- Fees, locally limited