Construction project; application for approval on a case-by-case basis and/or a project-specific construction permit
The Bavarian Construction Ministry decides on application whether construction products may be used and/or types of construction may be applied in a building project for which no general proof of use or applicability is available or which deviate significantly from it.
Description
If, in the case of safety-relevant building products and components, there are deviations from the technical building regulations introduced or if there are no technical regulations at all, the safety of the structure must be demonstrated in another way. If this cannot be done by a general proof according to Art. 17 in connection with Art. 18 and 19 Bavarian Building Code (BayBO), an approval in individual cases (ZiE) is required.
Safety-relevant types of construction that deviate significantly from the introduced technical building regulations or for which there are no generally recognized rules of technology also require a general type approval. If this is not available, a project-related type approval (vBg) is required.
Prerequisites
The granting of an approval in individual cases or of the project-related type approval requires a conclusive and unequivocal description of the construction product or type applied for as well as sufficient proof of the usability or applicability.
Procedure
The application is to be submitted informally or using the application form published on the website of the Ministry of Construction in simple production. It can be submitted either by e-mail to ZiE@stmb.bayern.de or by mail to the Bavarian Ministry of Construction.
Approval in individual cases / project-related construction type approval is issued in the form of a consent or approval notice. The notice is issued to the applicant; a copy is always sent to the building owner and the responsible lower building supervisory authority and, if necessary, to other parties involved in the construction project.
Special notes
If building products typical of monuments are to be used in monuments within the meaning of the Monument Protection Act, the application must be submitted to the lower building supervisory authority responsible for the building project.
Processing time
The duration of processing depends on the documents submitted. If all required documents are available, the approval / type approval is usually granted in max. 4 weeks.
Required documents
-
a detailed description of the construction product and/or type of construction applied for, including its intended use in the construction project
-
General plans with complete colour coding of the places of use of the subject matter of the application in the construction project and, if necessary, detailed and construction plans.
-
if approval in individual cases / project-related type approval has already been granted by the supreme building supervisory authority of another country: Copy of the approval in individual cases / project-related type approval
-
if an application for a building authority approval (abZ), a general type approval (aBG) or a general building authority test certificate (abP) has been submitted: Copy of the application
-
object-related expert opinion
The applicant has to prove for the construction product and/or type of construction applied for that it/they is/are usable for the specific construction project in the sense of Art. 3 sentence 1 BayBO, i.e. that it/they does/do not pose a risk to public safety and order, in particular to life and health as well as to the natural basis of life. This requires an expert opinion from an expert person or body, e.g. a body recognised in the relevant field as a testing, monitoring or certification body or for issuing general building authority test certificates. Taking into account the specific installation situation, the expert opinion must comment - if necessary on the basis of examinations and tests - on the question of whether and, if so, under what conditions the construction product and/or type of construction applied for meets the requirements set for this construction project. In case of doubt, it is recommended to coordinate the selection of the expert with the Ministry of Construction.
Fees
A fee is charged for the processing of the application for approval in individual cases / project-related type approval including the issuance of the notice on the basis of the Cost Act, which is assessed taking into account the administrative effort incurred and the significance of the subject of the approval or permit.
The cost schedule to the Cost Act provides for a cost range of between EUR 30 and EUR 4,500.
The applicant is also liable for the costs. If the application was filed on behalf of a principal, the principal is the party liable for the costs. A declaration of acceptance of costs (see above) is required for this.
Links to more information
Status:10.03.2023
Responsible for editing:Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
- 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