Building project; application for a building permit

In principle, you need a building permit to erect or change a facility or to change its use. Only in exceptional cases is a building permit not required.

Description

A building permit grants you the right to erect, alter or change the use of a facility in the case of projects requiring a permit. It is a state declaration that the project does not conflict with public law, which must be examined in the building inspection procedure. However, this only applies to the time of the decision.

Projects not subject to approval

A project does not require a permit if it is free of procedures or exempt from approval. Projects are exempt from procedures if they are of minor relevance under building law. Projects that are not special buildings and comply with a qualified development plan, as well as the conversion of attics for residential purposes, may be exempt from approval (see "Related services" below). However, this is dependent on the municipality. If the municipality requests that an approval procedure be carried out, the building project is not exempt from approval.

If the project does not require approval, you do not have to apply for a building permit. You would not be granted such a permit.

Consequences in the absence of a required building permit

If you erect or modify a facility or change its use without a required building permit, the competent lower building supervisory authority may intervene and take appropriate measures. This can go as far as ordering the removal of the facility.

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 a design draftsman authorized to submit building documents (architect, civil engineer; in the case of smaller building projects, in particular detached and semi-detached houses, also master craftsmen in the building and carpentry trades and state-certified technicians specializing in building technology).

  • Involve your neighbors by submitting the site plan and construction drawings to them for approval. Any consent must be 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 is not itself the lower building supervisory authority, it will forward the building 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 municipality is involved - if necessary - through the lower building supervisory authority
    Submit the building application in triplicate and using the specified forms.
  • 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 by the designer authorized to submit building documents.
  • 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 building application, 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).

Digital submission

Digital submission of building applications is currently not yet possible throughout Bavaria. This can only be done at certain lower building supervisory authorities. You can find out which these are in § 1 Digital Building Application Ordinance. You can find the link under the tab "Legal basis".

  • After involving the neighbors, the building 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 building documents are uploaded in electronic form (files in PDF format) in the online assistant.
  • The signatures of the building owner and the design draftsman authorized to submit building documents are replaced by authentication using the "BayernID" user account.
  • In particular, the (large-format) construction drawings do not have to be signed either. They can therefore be generated directly in the CAD system of the design drafter as a file.
  • In the case of building applications where the building documents must be prepared by a design drafter authorized to prepare building documents, the design drafter must authenticate himself and submit the building application on behalf of the building owner.
  • 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 involves the municipality in the decision on municipal approval.

Special notes

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

Deadlines

none

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

  • 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

  • Fees for a building permit range from 1 in a thousand to 4 in a thousand of the construction cost, depending on the type of construction and the type of permit process. You must pay fees even if your building application is rejected or withdrawn. In this case, however, the fees are reduced.

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

Legal bases

Remedy

If you do not receive the requested building permit, you can file an administrative court action. This must be directed to the granting of the building permit applied for.

An objection is not possible.

Links to more information

Related issues

Status:10.03.2023

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

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  • 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
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