Building project; application for a preliminary decision
You can have certain questions about the permissibility of your project clarified by a preliminary decision before you submit your building application. This has a binding effect on the subsequent building permit procedure.
You can apply for a preliminary decision on individual issues relating to your building project. You must submit this application before applying for the building permit. The subject of a preliminary decision can only be what is also the subject of the subsequent building permit procedure.
The preliminary decision is an anticipated part of the building permit itself. In the subsequent decision on the building permit, the lower building supervisory authority is bound by the preliminary decision insofar as it contains a regulation on the project.
The requested preliminary decision will only be issued if your project is subject to approval. Furthermore, the project must not conflict with any regulations under public law.
A preliminary decision may only be issued for individual questions relating to the building project. It cannot, for example, be issued to the effect that compliance with all public-law regulations is established.
- Involve your neighbors by submitting the site plan and construction drawings to them for their approval. Any consent must be in writing. The building supervisory authority may (exceptionally) waive the requirement for neighbor participation in the case of applications for a preliminary decision if you so request.
- Then submit the application for a preliminary decision with the required documents to the municipality in whose area the building plot is located. If the municipality is not itself the lower building supervisory authority, it will forward the application to the lower building supervisory authority following its decision on municipal consent.
Exception: In the area of responsibility of the lower building supervisory authorities that are district offices and allow digital submission, you must submit the written application directly to the lower building supervisory authority. You can find out which district offices these are in § 1 Digital Building Application Ordinance. You will find the link under the "Legal basis" tab. The involvement of the municipality - if required - is carried out by the lower building supervisory authority.
- Submit the application in triplicate using the forms provided.
- If the municipality is also the lower building supervisory authority, two copies are sufficient.
- The application must be in writing; an oral application is not possible.
- The lower building supervisory authority (district offices, independent cities, large district cities and certain larger municipalities) examines the application and decides on it.
- Before making a decision, the lower building supervisory authority must involve the bodies whose involvement or hearing is required by law for the decision on the application for a preliminary decision, or without whose opinion the approvability of the building application cannot be assessed (for example, the lower immission control authority, the lower water rights authority or the road traffic authority). In the case of applications for a preliminary decision, this depends on the question posed.
Digital submission of applications for a preliminary decision is currently not yet possible throughout Bavaria. This can only be done at certain lower building supervisory authorities. You can read which these are in § 1 Digital Building Application Ordinance. You can find the link under the tab "Legal basis".
- After involving the neighbors, the application can be submitted digitally using the online wizard.
- The predefined forms Building Application and Building Description are replaced by the queries in the Online Assistant.
- The construction documents are uploaded in electronic form (files in PDF format) in the online assistant.
- The signatures are replaced by authentication using the "BayernID" user account. The digital application is sent directly to the lower building supervisory authority.
- Insofar as the lower building supervisory authority is not itself a municipality, it carries out the involvement of the municipality for the decision on municipal consent.
A preliminary decision is useful, for example, to clarify the permissibility of a project under building planning law.
There are no deadlines to be observed.
The preliminary decision is valid for three years unless it is limited to a shorter period. The time limit can be extended by up to two years if the building owner applies for this in writing before the period of validity of the preliminary decision expires.
The processing time depends on the size and complexity of the application, the number of agencies involved and the current workload of the authority.
current cadastral map extract
Site plan, if applicable
Not required, provided only the alteration of structures is requested where exterior walls and roofs and use are not changed.
Building description (form see under "Forms")
If necessary, information on the secured development with regard to the supply of water and energy as well as the disposal of waste water and the traffic development.
Required only if the construction project cannot be connected to a public water or power supply or to a public sewage disposal system. Also required if the building project is not located in sufficient width on a public traffic area.
if applicable, calculation of the permissible and planned extent of building use
Only required within the scope of a development plan that contains provisions on this.
If necessary, consent to the transfer of distance areas (for form, see "Forms")
any supporting documentation
Depending on the building project, further documents may be required, for example a tree inventory declaration. However, this is only required if requested by the municipality.
The fees for a preliminary decision are between EUR 40 and EUR 2,500, depending on the administrative work involved.
Up to half of the fees can be credited against a subsequent building permit.
If you do not receive the requested preliminary decision, you can file an administrative court action. This must be directed to the issuance of the requested preliminary decision.
An objection is not possible.
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