Building project; application for a building permit

You generally need planning permission to erect, modify or change the use of a facility. Only in exceptional cases is planning permission not required.

Description

Prerequisites

The building permit applied for will only be granted if the project is subject to approval. Furthermore, the project must not conflict with any regulations under public law.

Procedure

Written submission

First of all, please note that in the case of building applications for the construction and alteration of buildings, the building documents must be prepared by an authorized draftsman (architect, civil engineer; for smaller building projects, especially detached and semi-detached houses, also master craftsmen in the building and carpentry trades and state-certified technicians in the field of construction technology).

  • Involve your neighbors by submitting the site plan and the construction drawings for their approval. Any consent must be given in writing.
  • Then submit the building application with the required documents to the municipality in whose area the building plot is located. If the municipality itself is not the lower building supervisory authority, it will forward the building application to the lower building supervisory authority after deciding on the municipal consent.
    Exception: In the area of responsibility of the lower building supervisory authorities, which 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 Section 1 of the Digital Building Application Ordinance. You can find the link under the "Legal basis" tab. If necessary, the lower building supervisory authority is responsible for involving the municipality
    Submit the building application in triplicate using the forms provided.
  • If the municipality is also the lower building supervisory authority, two copies are sufficient.
  • An oral application is not possible.
  • The application must be signed by the building owner and the authorized designer.
  • The lower building supervisory authority (district offices, independent cities, large district towns and certain larger municipalities) examines the application and decides on it.
  • Before making a decision, the lower building supervisory authority must involve the authorities whose involvement or consultation is required by law for the decision on the building application or without whose opinion the approvability of the building application cannot be assessed (e.g. the lower immission control authority, the lower water authority or the road traffic authority).

Digital submission

It is not yet possible to submit building applications digitally throughout Bavaria. This is only possible with certain lower building supervisory authorities. You can find out which these are in § 1 of the Digital Building Application Ordinance. You can find the link under the "Legal bases" tab.

  • After involving the neighbors, the building application can be submitted digitally using the online assistant.
  • The predefined building application and building description forms are replaced by the queries in the online assistant.
  • The building documents are uploaded to the online assistant in electronic form (files in PDF format).
  • The signatures of the client and the authorized draftsman are replaced by authentication using the "BayernID" user account.
  • In particular, the (large-format) construction drawings do not need to be signed. They can therefore be generated as a file directly in the CAD system of the author of the design.
  • In the case of building applications for which the building documents must be prepared by an authorized designer, the latter must authenticate himself and submit the building application for the client.
  • The digital building application is sent directly to the lower building supervisory authority.
  • If the lower building supervisory authority is not itself a municipality, it will involve the municipality in the decision on the municipal consent.

Special notes

Under no circumstances should you start work on a project that requires approval without having applied for and obtained the necessary building permit.

Deadlines

none

Processing time

The processing time depends on the scope and complexity of the application, the number of agencies involved and the current workload of the authority.

Required documents

  • 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.

  • Construction drawings

  • if applicable, declaration of compliance with the catalogue of criteria (for form, see "Forms")

    Only for special buildings, provided that the structural engineer submits such a declaration.

    If the building application is submitted digitally, the structural engineer can also submit the declaration digitally using the online wizard (see service "Building project; online submission of the declaration of compliance with the catalogue of criteria" under "Related topics").

  • Fire protection certificate, if applicable

    Required only to the extent that it is subject to building inspection and is not already included in the other building submittals.

  • If necessary, proof of stability

    Only for special constructions, as far as the stability is checked by the building authorities.

  • 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 requests for derogation

  • 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.

Forms

  • Form, Bavaria-wide: 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: 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: Erklärung über die Erfüllung des Kriterienkatalogs
    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: Zustimmung zur Abstandsflächenübernahme
    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

  • The fees for a building permit amount to between 1 per thousand and 4 per thousand of the building costs, depending on the type of building project and the type of approval procedure. You must also pay fees if your building application is rejected or withdrawn. In this case, however, the fees are reduced.

    If planning permission is granted for a change of use of structural facilities, the fee is between EUR 40 and EUR 5,000, depending on the administrative costs incurred.

Remedy

If you do not receive the building permit you applied for, you can file an administrative appeal. This must be directed at the granting of the building permit applied for.

An objection is not possible.

Status:29.02.2024

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

Contains machine translated content. Show the original content

  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
Bild zur Leistungsbeschreibung

Responsible for you

If you select a location under "Localization" the contact details of the responsible authority and, if applicable, locally valid information will be displayed.