Dienstleistungsportal Bayern

Description

Prerequisites

The construction, alteration, or change of use of a building structure may be exempt from a permit under the following conditions:

• The project is not a special construction,
• it lies within the scope of a qualified development plan or a project-related development plan,
• it complies with the provisions of the development plan and any local building regulations,
• the development is secured and
• it is not a craft or commercial building project for which the municipality has excluded the application of the permit exemption by means of a development plan.

In addition, the modification or change of use of attics for residential purposes, including the construction of dormers, may be exempt from approval under the following conditions:

• It is a project in the unplanned inner area pursuant to Section 34 (1) sentence 1 of the German Building Code (BauGB),
• the development is secured and
• it is not a craft or commercial building project for which the municipality has excluded the application of the permit exemption by means of a development plan.

The municipality may declare that a building permit procedure is to be carried out despite the existence of these prerequisites.

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 documents in the permit exemption procedure.

• Submit the required documents to the municipality in whose area the building plot is located.
• The documents correspond to those of a building application together with construction documents and must be submitted in triplicate and using the prescribed forms.
• Notify the neighbors of the building plot of the building project at the latest when submitting the documents to the municipality. It is better to involve the neighbors in advance by submitting the site plan and construction drawings for their approval.
• The municipality can demand that an approval procedure be carried out within one month of submission of the documents. This means that the documents are automatically processed as a building application, provided that you have noted this accordingly on the building application form. The lower building supervisory authority is responsible for reviewing and deciding on the building application.
• If, on the other hand, the municipality does not request that the simplified approval procedure be carried out within one month or informs you in writing that no approval procedure is to be carried out, your project is exempt from approval.

Digital submission

Digital submission of documents in the permit exemption procedure 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 documents can be submitted digitally using the online wizard.
• The predefined forms Building Application and Building Description are replaced by the queries in 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 particular, the (large-format) construction drawings do not have to be signed either. They can therefore be generated directly in the CAD system of the design drafter as a file. If the construction documents have to be created by a design drafter who is authorized to submit construction documents, the design drafter must authenticate himself and submit the documents for the building owner.
• The documents first reach the lower building supervisory authority, which immediately forwards them to the responsible municipality. The one-month period after which the project is exempt from approval begins with the submission of the digital documents.

Special notes

If your building project is exempt from approval, you yourself are responsible for ensuring that the requirements for exemption from approval are met and that the regulations under public law are complied with.

Please note that even if your building project is exempt from approval, you must notify the lower building supervisory authority of the start of construction at least one week in advance.

Deadlines

In principle, there are no time limits.

However, if you want to start construction more than four years after construction has become permissible because of a permit exemption procedure, you must go through a permit exemption procedure again.

Processing time

If the municipality does not inform you within one month after submission of the required documents that the simplified approval procedure is to be carried out, you may start the execution. This does not apply if the municipality applies for a provisional prohibition within one month of submission of the required documents.

Required documents

• current cadastral map extract

• Site plan

  Not required, provided only the alteration of structures is requested where exterior walls and roofs and use are not changed.

• Construction drawings

• Building description (form see under "Forms")

• Fire protection certificate, if applicable

  Required only to the extent that it is subject to building inspection and is not already included in the other building submittals.

• If necessary, information on the secured development with regard to the supply of water and energy as well as the disposal of waste water and the traffic development.

  Required only if the construction project cannot be connected to a public water or power supply or to a public sewage disposal system. Also required if the building project is not located in sufficient width on a public traffic area.

• If necessary, consent to the transfer of distance areas (for form, see "Forms")

• any supporting documentation

  Depending on the building project, further documents may be required, for example a tree inventory declaration. However, this is only required if requested by the municipality.

Forms

• Form, Bavaria-wide: Bauantragsformular

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

• Form, Bavaria-wide: Baubeschreibung zum Bauantragsformular

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

• Form, Bavaria-wide: Zustimmung zur Abstandsflächenübernahme

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

• Form, Bavaria-wide: Bauantragsformulare (alle)

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Fees

• No fees are charged for the exemption from approval. If the municipality notifies you before the end of the one-month period that no approval procedure is to be carried out, it may charge a fee for this if it has regulated this in a municipal cost statute.

Legal bases

• Art. 58 Bayerische Bauordnung (BayBO)

  Genehmigungsfreistellung

• Verordnung über Bauvorlagen und bauaufsichtliche Anzeigen (Bauvorlagenverordnung - BauVorlV)
• Verordnung über die digitale Einreichung bauaufsichtlicher Anträge und Anzeigen (Digitale Bauantragsverordnung - DBauV)

Remedy

If the municipality declares that the simplified building permit procedure is to be carried out, you have no right of appeal against this.

Links to more information

• Genehmigungsfreistellung
• Bautechnische Nachweise

Related issues

• Construction project; Notification of the start of construction work
• Building project; application for a building permit
• Building project; application for a partial building permit
• Building project; application for a preliminary decision
• Building project without procedure; information