Construction project; notification of commencement of use
You must give prior notice of the commencement of use of a building. This does not apply to projects that do not require a procedure.
Description
The notification of the commencement of use is not an application. You only have to inform the lower building supervisory authority about the imminent commencement of use.
The notification of the commencement of use is intended to give the lower building supervisory authority sufficient time to be able to check the usability requirements if necessary.
Consequences of non-notification
If you intentionally or negligently fail to give at least two weeks' notice of the commencement of use, you commit an administrative offense. You can be fined up to EUR 500,000 for this.
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
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If necessary, certificate of stability II (for form see "Forms")
Only required for buildings in building classes 4 and 5.
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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.
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Fire protection certificate, if applicable
Only insofar as it has not been tested by the building authorities.
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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.
Remedy
Since no decision is issued by the lower building inspection authority, you cannot appeal.
Links to more information
Status:10.03.2023
Responsible for editing:Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
- 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