Building project; application for building authority approval

Building projects do not require a building permit or building supervision by the lower building supervisory authority if they have been assigned to a building authority. Approval may have to be obtained from the government (higher building supervisory authority).

Description

Prerequisites

Approval is granted if the planned building project complies with the regulations on the permissibility of building structures under planning law in accordance with Sections 29 to 38 of the German Building Code (BauGB) and the provisions of local building regulations within the meaning of Art. 81 of the Bavarian Building Code (BayBO) and fulfills other requirements under public law, insofar as a decision under other public law regulations - e.g. under monument protection law - is replaced or included due to the building authority approval (Art. 73 Para. 2 Sentence 1 BayBO). The government also decides on deviations from regulations that protect third parties, e.g. from the requirements of the law on spacing.

Other regulations, e.g. on questions of stability or fire protection, are not examined. The building authority is responsible for compliance with these.

Procedure

The application for approval must be submitted in writing to the local government together with the building documents required to assess the building project.

The government will involve the necessary specialist bodies and ask the municipality concerned to decide whether to grant consent in accordance with Section 36 BauGB.

In the case of special projects (e.g. relevance for a larger group of neighbors), the government also carries out public participation (Art. 66a BayBO).

If the project is permitted, the government issues the building authority with the building approval notice. Municipalities and affected neighbors who have not approved the project will also be sent a copy of the government's building inspection approval notice.

Fees

  • none

Remedy

Administrative court proceedings; information

An appeal can be lodged directly with the locally competent administrative court against a building inspection approval notice. The action must be brought within one month of notification.

The requirements can be found in detail in the information on legal remedies in the notice.

Status:31.01.2024

Responsible for editing:Bayerisches Staatsministerium für Wohnen, Bau und Verkehr

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