Building project; application for extension of a building permit or preliminary decision

You can have your building permit, partial building permit, or preliminary permit extended if necessary.

Description

Building permits, partial building permits and preliminary decisions are each only valid for a certain period of time.

If you cannot start your approved project within 4 years, you can apply for an extension. If you do not receive a building permit within 3 years of receiving a preliminary decision concerning the same project, you can apply for an extension of the preliminary decision.

Prerequisites

An extension of the period of validity of a building permit or partial building permit is to be assessed on the basis of the same requirements as the initial granting. The project must therefore still be subject to approval at the time of the decision by the lower building supervisory authority on the extension. In addition, the project must comply with public-law regulations, which must be examined in the approval procedure.

This applies accordingly to the extension of the preliminary decision.

Therefore, if the legal situation changes after the permit or the preliminary decision has been issued, the extension must be checked against the new legal situation in each case.

Procedure

Written submission

  • Apply in writing to the responsible lower building supervisory authority for an extension of the period of validity of your building permit, partial building permit or preliminary decision.
  • A verbal application is not possible.
  • The lower building supervisory authority will then decide on your application and inform you of the result.
  • If the lower building supervisory authority does not decide on your application until after the period of validity has expired, your building permit, partial building permit or preliminary decision will become temporarily invalid. These will then only be reinstated with a positive decision by the lower building supervisory authority.

Digital submission

Digital submission of applications for extensions 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".

  • The application for extension can be submitted digitally to the lower building supervisory authority using the online assistant.
  • Attachments are uploaded in the online assistant in electronic form (files in PDF format).
  • Signatures are replaced by authentication using the "BayernID" user account.

Special notes

Apply for renewal early if it is foreseeable that the period of validity will not be sufficient.

Deadlines

Your building permit or partial building permit expires if you have not begun construction of the project within 4 years of issuance or you have interrupted construction for 4 years. Your renewal application must be received by the appropriate lower building inspection authority before the expiration date. Receipt by the municipality is not sufficient to meet the deadline.

Your preliminary decision is valid for 3 years. Your application for extension must be received by the responsible lower building supervisory authority before the expiry of the period of validity. Receipt by the municipality is not sufficient to meet the deadline.

Processing time

The processing time depends on the scope and complexity of the project and the current workload of the lower building supervisory authority.

Fees

  • For the renewal you have to pay a fee between 40 and 10,000 EUR, depending on the administrative expenses incurred.

Remedy

You can appeal to the administrative court against a decision of the lower building supervisory authority on the extension.

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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