Excavation; application for a partial excavation permit.
You can apply for a partial excavation permit if you have submitted an excavation application but have not yet received an excavation permit. This allows you to obtain a permit in advance for individual parts of the project.
Description
You may only begin with the execution of your excavation once the excavation permit has been issued. This can take longer, especially for larger projects. With a partial excavation permit, you can start individual sections of the project in advance. However, this only applies to the section for which you have received the partial excavation permit.
The part of your project that is already covered by the partial excavation permit will no longer be decided on as part of the excavation permit.
Prerequisites
You must first apply for an excavation permit. Only then can you apply for a partial excavation permit for part of the project.
The partial excavation permit applied for will only be issued if the project requires a permit. Furthermore, the portion of the project for which the partial excavation permit is requested must not be in conflict with any regulations under public law. In addition, the lower excavation authority must determine that the overall excavation project is generally permissible. The issuance of the partial excavation permit is at the discretion of the lower excavation authority.
Procedure
Written submission
- After submitting your excavation application, submit the partial excavation application with the required documents in writing to the lower excavation authority (district offices, independent cities) in whose area the excavation site is located.
- A specific form is not prescribed.
- The application must be submitted in writing; an oral application is not possible.
- The lower excavation authority examines the application and decides on it.
Digital submission
Digital submission of applications for partial excavation permits 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 application for a partial excavation permit can be submitted digitally to the lower excavation authority using the online wizard.
- The excavation plan is uploaded in electronic form (files in PDF format) in the online wizard. Signatures are replaced by authentication using the "BayernID" user account.
Special notes
A partial excavation permit can be particularly useful if you want to start excavation promptly, but it is foreseeable that the issuance of the excavation permit will take longer. A granted excavation permit also contains the statement that the overall project is basically approvable. In individual cases, however, it may happen that you do not receive the requested excavation permit at a later date.
Deadlines
The partial excavation permit must be applied for prior to issuance of the excavation permit.
Processing time
The processing time depends on the size and complexity of the application, the number of agencies involved and the current workload of the authority.
Required documents
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Site plan
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Construction drawings
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Building specification
Fees
The fees for a partial excavation permit depend on the amount of recoverable 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%. The fee is offset against the subsequent excavation permit fee.
Remedy
If you do not receive the requested partial excavation permit, you can file an administrative court action. This is to be directed to the granting of the requested partial excavation permit. However, it is at the discretion of the lower excavation authority to grant the partial excavation permit. In principle, you do not have a legal claim to the granting of a partial excavation permit even if no regulations under public law conflict with the part of the project for which the partial excavation permit is requested.
An objection is not possible.
Status:10.03.2023
Responsible for editing:Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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