Information - Services - Formalities by subjects - Real estate and transport - Construction process - Building files; request for inspection - Dienstleistungsportal Bayern

Description

The parties involved in the building inspection procedure can inspect these building files. These are in particular the building owners. However, owners of neighboring properties can also be involved. The inspection includes, in particular, issued permits and construction plans of existing buildings. It can also be carried out by authorized representatives.

The inspection of files takes place either on the premises of the authority or by sending a copy.

Prerequisites

A right to inspect files exists if knowledge is required for the assertion or defense of legal interests. Parts of the file which there is no legal interest in inspecting are not covered by the right to inspect files.

The building owner regularly has a legal interest. Neighbors also have a regular right to inspect files. However, this does not apply if a neighbor has given his consent to a building project.

Once a building permit procedure has been completed, there is no longer any right to inspect files. However, the competent lower building supervisory authority (district office, independent city, large district town, delegation municipality) can grant access to files if there is a justified interest. Such a legitimate interest may exist, for example, in the case of a potential buyer of a plot of land who wants to find out about the building permit situation.

Procedure

The inspection of files must be applied for at the competent lower building supervisory authority (district office, independent city, large district town, delegation municipality). There are no formal requirements. In the application, you must state what your legitimate interest in inspecting the files is. The legitimate interest does not have to be stated if it is obvious, for example in the case of the owner of the property.

You can then inspect the file at the building inspection office upon presentation of your identity card and proof of ownership and, if applicable, a power of attorney from the owner. It takes place at the competent lower building supervisory authority (district office, independent city, large district city, delegation municipality) and there usually in the offices of the authority. However, it is also possible to send a copy of the building file.

Required documents

• Identity card
• Proof of ownership (e.g. extract from the land register, purchase contract, land tax assessment notice)
• power of attorney of the land owner, if applicable
• If applicable, power of attorney from the property management or the owners' association

Fees

• Information from the building files and copies from the files are subject to a fee.
  The fees are charged in accordance with the Bavarian Cost Law and amount to 1 euro per file for inspection, but at least 10 euros.

  Additional fees apply for photocopies.

Legal bases

• Art. 13 Bayerisches Verwaltungsverfahrensgesetz (BayVwVfG)
• Art. 29 Bayerisches Verwaltungsverfahrensgesetz (BayVwVfG)
• Art. 66 Bayerische Bauordnung (BayBO)
• Tarif-Nr. 1.I.3 Verordnung über den Erlass des Kostenverzeichnisses zum Kostengesetz (Kostenverzeichnis - KVz)
• Art. 10 Abs. 2 Satz 1 Kostengesetz (KG)