Dienstleistungsportal Bayern

What do you have to consider as a contractor in the construction process? Are there construction projects that you can carry out without a permit? In this chapter you will find answers to these and other questions.

Formalities

Here you will find information about formalities related to this subject:

• Excavation; notification of the start of excavation
  You must give prior notice of the start of excavation. This applies to the start of execution of projects requiring approval as well as the continuation of execution after an interruption of more than 6 months.
• Excavation; application for an excavation permit.

  In principle, you need an excavation permit to carry out an excavation. This does not apply to smaller excavations in particular.

• Excavation; application for a partial excavation permit.

  You can apply for a partial excavation permit if you have submitted an excavation application but have not yet received an excavation permit. This allows you to obtain a permit in advance for individual parts of the project.

• Excavation; application for a preliminary decision

  You can have certain questions about the permissibility of your project clarified by a preliminary decision before you apply for an excavation permit. This has a binding effect on the subsequent excavation permit procedure.

• Excavation; submission of documents for permit-exempt excavation.

  If your excavation project is within the scope of a development plan that contains regulations on the permissibility, location and size of the excavation, it may be exempt from approval.

• Building files; request for inspection
  Building files of ongoing building inspection procedures or completed (archived) procedure files may be inspected by persons authorized to receive information.
• Building permit procedure; information on the processing status

  If you have applied for a building permit, you may be able to check the processing status online.

• Construction; notification of removal

  You may only remove certain structures if you give prior notification of the intended removal. The removal of a structure must be notified if it is not exempt from the procedure.

• Building law; filing of a petition or complaint
  Citizens can turn to the locally competent government as the higher building supervisory authority with both submissions and complaints regarding building regulations and building planning law.
• Construction project; notification of commencement of use

  You must give prior notice of the commencement of use of a building. This does not apply to projects that do not require a procedure.

• Construction project; Notification of the start of construction work

  You must notify the start of construction in advance. This applies to the start of execution of projects requiring approval as well as the resumption of construction work after an interruption of more than 6 months.

• Building project; application for approval by the building authorities

  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 service. If necessary, approval must be obtained from the government (higher building supervisory authority).

• Building project; application for extension of a building permit or preliminary decision

  You can have your building permit, partial building permit, or preliminary permit extended if necessary.

• Building project; application for a building permit

  In principle, you need a building permit to erect or change a facility or to change its use. Only in exceptional cases is a building permit not required.

• Building project; request for an isolated deviation from local building regulations.

  If your non-procedural project conflicts with a local building code, you may request a variance from it.

• Construction project; request for isolated variance from other building code provisions.

  If your project, which is exempt from procedures or permits, conflicts with other building code laws, you can apply for a variance.

• Building project; application for an isolated exception to the development plan
  If your non-procedural project meets an exception established in a development plan, you may apply for an exception.
• Building project; application for an isolated exemption from the development plan
  If your project, which is not subject to procedures, contradicts the stipulations of a development plan, you can apply for an exemption under certain conditions.
• Building project; application for a partial building permit

  You can apply for a partial building permit if you have submitted a building application but have not yet received a building permit. This allows you to obtain permits in advance for individual construction phases.

• 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.

• Building project; application for a preliminary decision

  You can have certain questions about the permissibility of your project clarified by a preliminary decision before you submit your building application. This has a binding effect on the subsequent building permit procedure.

• Construction project; online submission of the criteria catalog.

  If you have submitted the building application or the notice of commencement of construction online, the declaration of compliance with the catalog of criteria can be submitted directly online by the structural engineer.

• Construction project; submission of documents for permit exemption.

  In principle, you need a building permit to erect or change a facility or to change its use. Under certain conditions, your building project may be exempted from the permit requirement.

• Efficient buildings; application for a grant for the installation of heating systems with renewable energies or for individual energy-related measures

  If you want to invest in the installation of new, efficient heating systems with renewable energies or in individual energy-related measures, you can apply for a grant under certain conditions.

• Development contributions; collection

  Payment obligations for property owners may arise as a result of contracts and development contribution notices.

• Parcels of land; application for a survey for division or merger
  In the case of a division (partition), new parcel boundaries are defined. In the case of a merger (unification), directly adjoining parcels of land are merged. Both types of boundary changes are carried out on the basis of a surveying application.
• Parcel boundary; application for a boundary determination

  A boundary determination is called the discovery and verification of existing boundary signs, the marking of previously unmarked boundaries or the restoration of lost boundary signs. You can apply for a boundary determination.

• Building measurement; implementation

  The Offices for Digitization, Broadband and Surveying are required by law to also document the current building stock in the real estate cadastre. A map of property boundaries without buildings on it would also be of limited use.

• Real estate tax from 2025; receipt of the notice on the real estate tax value or the real estate tax equivalent amounts and the real estate tax measurement amount.

  You will receive a notice from the tax office about the property tax value (for property tax A) or the property tax equivalent amounts (for property tax B) and the property tax measurement amount.

• Immission control; application for a permit for the construction and operation of a plant
  The construction and operation as well as the substantial modification of certain industrial plants, which may cause harmful effects on the environment, require a permit under immission control law.
• Real estate cadastre; request for an excerpt for building submission

  A "cadastral extract for building submission" is often required to apply for a building permit. This can be requested from the responsible Office for Digitization, Broadband and Surveying or directly from the municipality.

• Road and subway railroads; application for the implementation of a planning approval procedure
  Operating facilities for tramways may only be built if the plan has been approved in advance. When the plan is approved, the public and private interests affected by the project, including environmental compatibility, must be taken into account as part of the weighing process.
• Building project without procedure; information
  Certain (smaller) construction projects can be built without a building permit.
• Heat pumps and geothermal probes; notification of boreholes for construction

  Boreholes for the installation of geothermal probe systems and groundwater heat pumps must be notified to the responsible district administrative authority in order to protect the soil and groundwater against contamination.

• Water law; application for a permit
  An official permit is required for any impact on a water body that is not only of completely minor importance.
• Residential property in areas with tourism functions; application for a permit for establishment or division
  Tourist municipalities may determine by statute that the creation or division of condominium ownership is subject to approval.