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 in advance for individual construction phases.
Description
You may not begin with the execution of your building project until the building permit has been issued. This can take longer, especially for larger projects. With a partial building permit, you can start individual sections of the building project in advance. However, this only applies to the section for which you have received the partial building permit.
The part of your building project that is already covered by the partial building permit is no longer decided on as part of the building permit.
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 regulations under public law and the lower building supervisory authority must determine that the overall building project is permissible in principle. 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 a design draftsman authorized to submit building documents (architect, civil engineer; in the case of smaller building projects, especially single-family and two-family houses, also master craftsmen in the building and carpentry trades and state-certified technicians specializing in building technology). This also applies to the construction documents for the application for a partial construction permit.
- 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 cities 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 designer authorized to submit building documents.
- The lower building supervisory authority 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). However, this only applies if these authorities have not already commented on the overall building application. Municipal approval must be obtained before the partial building permit is issued, provided it is required under building planning law.
Digital submission
Digital submission of applications for partial building permits 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".
- The application for a partial building permit can be submitted digitally to the lower building supervisory authority using the online assistant.
- The construction 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 the case of applications for partial building permits where the building documents must be prepared by a design drafter authorized to submit building documents, the design drafter must authenticate himself and submit the application on behalf of the building owner.
Special notes
A partial building permit can be useful in particular for excavating a building pit, building the foundations and constructing the basement. A partial building permit issued also contains the statement that the overall project is basically approvable. In individual cases, however, it may happen that you do not later receive the building permit you applied for.
Deadlines
The partial building permit must be applied for before the building permit is issued.
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
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Construction drawings
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Building description (form see under "Forms")
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Cost calculation
For fee purposes, you must provide the estimated construction costs of the partial construction measures.
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Building specification
Remedy
If you do not receive the requested partial building permit, you can file an administrative court action. This must be directed to 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 do not have a legal claim to the granting of a partial building permit even if there are no regulations under public law that conflict with the part of the project for which the partial building permit is requested.
An objection is not possible.
Status:10.03.2023
Responsible for editing:Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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