Building project; application for approval by the building authorities
If the planning and construction supervision is assigned to a construction department of the federal government, the Free State of Bavaria or a district with suitable specialists, construction projects that are not generally exempt from building law procedures do not require a building permit, exemption from approval and construction supervision by the lower building supervisory authority. For these projects, on the other hand, approval must be obtained from the government (higher building supervisory authority).
Non-procedural construction projects for which the management of the design work and construction supervision are assigned to a construction department of the federal government, the Free State of Bavaria or a district equipped with suitable specialists do not require a building permit, exemption from approval, notification and construction supervision. They are subject to the building inspection approval procedure. The respective government is responsible for granting the necessary approval for construction projects of a construction department in a governmental district.
This procedure proceeds in two stages. First, the building department involves the neighbors and asks for approval by signing the plans. Next, the respective municipality is involved by the building department and asked whether it agrees with the project and the waiver of an approval procedure. If the neighbors agree and the municipality does not object to the waiver of the approval procedure, the procedure is completed and a building permit decision by the government is no longer necessary. In this case, however, the building authority must obtain any further permits that may still be required, for example under monument protection law.
If not all neighbors agree to the building project or if the municipality objects to the omission of the approval procedure, in a second step the building service department applies to the responsible government for approval by the building authorities in accordance with Article 73 of the Bavarian Building Code (BayBO).
The building supervisory approval of the government takes the place of a building permit and represents an administrative act vis-à-vis the neighbors and the municipalities that do not agree with the project, against which they can take action in court.
Construction projects that serve national defense (including projects of the U.S. Armed Forces), official purposes of the Federal Police or civil defense only require notification to the government. In addition, the responsible municipality must be involved (notification procedure).
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 Article 81 of the Bavarian Building Code (BayBO) and meets other requirements under public law, insofar as a decision under other provisions of public law - e.g. under the law on the protection of monuments - is replaced or included as a result of the approval by the building authorities (Article 73 (2) Sentence 1 BayBO). In this context, the government also decides on deviations from regulations protecting third parties, e.g. from the requirements of the distance area law.
Other regulations, e.g. on questions of stability or fire protection, are not examined. The construction department is responsible for ensuring compliance with these.
The application for approval must be submitted in writing to the locally responsible government together with the building documents required to assess the building project.
The government involves the necessary specialized agencies and asks the affected municipality to decide on the consent according to § 36 BauGB.
In the case of special projects (e.g. relevance for a larger circle of the neighborhood), the government also conducts public participation (Art. 66a BayBO).
If the project is permissible, the government sends the building authority the notice of approval. Municipalities and affected neighbors who have not approved the project are also served with a copy of the government's building inspection approval notice.
Administrative court proceedings; information
An action may be brought directly before the locally competent administrative court against a notice of approval issued by a building inspectorate. The action must be filed within one month of service.
The requirements are set out in detail in the instructions on appealing the decision.
Responsible for editing: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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