Dienstleistungsportal Bayern

Description

Prerequisites

You must report the commencement of use of a building if it was erected on the basis of a building permit or exemption from approval. This also applies if the building permit or exemption from approval was for a mere change of use or if the building permit is deemed to have been granted due to the occurrence of a deemed approval.

You do not have to report the commencement of use in the case of projects that are exempt from procedures and projects that do not require a building permit due to the priority of other permit procedures.

Procedure

Written submission

• Submit the completed and signed "Notice of Commencement of Use" form with the required attachments to the lower building inspection authority (district offices, independent cities, large district cities and certain larger municipalities).
• Verbal notification is not sufficient.
• You will not receive an acknowledgement of receipt.
• The lower building supervisory authority will then check, if necessary, whether the usability requirements have been met.

Digital submission

Digital submission of the notice of commencement of use 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 "Legal basis" tab.

• The commencement of use can be notified digitally to the lower building supervisory authority using the online wizard.
• The predefined form "Notification of commencement of use" is replaced by the queries in the online assistant.
• Signatures are replaced by authentication by means of user account the "BayernID".
• The attachments are uploaded in the online assistant in electronic form (files in PDF format).

Deadlines

You must give notice of commencement of use at least two weeks before commencement.

Required documents

• If necessary, certificate of stability II (for form see "Forms")

  Only required for buildings in building classes 4 and 5.

• If applicable, certificate of fire protection II (for form see "Forms")

  Only required for special buildings, medium and large garages and buildings of building class 5, unless the fire protection certificate is checked by the building authorities.

• Fire protection certificate, if applicable

  Only insofar as it has not been tested by the building authorities.

• If applicable, confirmation by an authorised inspector that the construction complies with the fire protection certificate.

  Only required for buildings in building class 4, except for special buildings and medium and large garages.

Forms

• Form, Bavaria-wide: Anzeige der Nutzungsaufnahme

  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: Bescheinigung Standsicherheit II

  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: Bescheinigung Brandschutz II

  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

• none

Legal bases

• Art. 78 Bayerische Bauordnung (BayBO)
• Art. 16 Verordnung über Bauvorlagen und bauaufsichtliche Anzeigen (Bauvorlagenverordnung - BauVorlV)
• Verordnung über die digitale Einreichung bauaufsichtlicher Anträge und Anzeigen (Digitale Bauantragsverordnung - DBauV)

Remedy

Since no decision is issued by the lower building inspection authority, you cannot appeal.

Links to more information

• Rund ums Thema Bauen

Related issues

• Construction project; Notification of the start of construction work
• Building project; application for a building permit
• Building project; application for a partial building permit