Building project; application for a partial building permit

You can apply for a partial building permit if you have submitted a building application but have not yet received a building permit. This allows you to obtain permits for individual construction phases in advance.

Description

Prerequisites

You must first submit a building application. Only then can you apply for a partial building permit for part of the project.

The partial building permit applied for will only be granted if the project is subject to approval. Furthermore, the part of the project must not conflict with any public law regulations and the lower building supervisory authority must determine that the overall building project is generally permissible. The granting of the partial building permit is at the discretion of the lower building supervisory authority.

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 structural engineering). This also applies to the building documents for the application for partial building permission.

  • After submitting your building application, submit the partial building application with the required documents in writing to the lower building supervisory authority (district offices, independent cities, large district towns and certain larger municipalities) in whose area the building plot is located.
  • A specific form is not required. A verbal application is not possible.
  • The application must be signed by the building owner and the authorized designer.
  • The lower building supervisory authority 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). However, this only applies if these authorities have not already commented on the overall building application. The municipal consent must already be obtained before the partial building permit is issued if it is required under building planning law.

Digital submission

Digital submission of applications for partial building permits is not yet possible 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.

  • The application for a partial building permit can be submitted digitally to the lower building supervisory authority using 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 the case of applications for partial building permits where the building documents must be prepared by an authorized designer, the latter must authenticate himself and submit the application on behalf of the building owner.

Special notes

A partial building permit can be particularly useful for excavating a building pit, laying the foundations and constructing the basement. A granted partial building permit also contains the statement that the overall project is basically approvable. In individual cases, however, you may not receive the building permit you applied for at a later date.

Deadlines

The partial building permit must be applied for before the building permit is issued.

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

  • Construction drawings

  • Building description (form see under "Forms")

  • Cost calculation

    For fee purposes, you must provide the estimated construction costs of the partial construction measures.

  • Building specification

Fees

  • The fees for a partial building permit amount to between 1 per thousand and 4 per thousand of the construction costs, depending on the type of construction project and the type of approval procedure. The fee is offset against the subsequent building permit fee.

Remedy

If you do not receive the partial building permit you have applied for, you can file an administrative appeal. This must be directed at the granting of the partial building permit applied for. However, it is at the discretion of the lower building supervisory authority to grant the partial building permit. In principle, you are not entitled to a legal claim to the granting of the partial building permit even if there are no public law regulations that conflict with the part of the project for which the partial building permit is being applied for.

An objection is not possible.

Status:15.02.2024

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.