Structural plant; notification of removal

You may only remove certain structures if you give prior notice of the intended removal. The removal of a structure must be notified unless it is exempt from the procedure.

Description

The notification of disposal is not an application. You only have to inform the responsible authorities about the impending removal.

Only the complete removal of a facility must be notified. Partial removal of a facility is a modification of a facility and may require a building permit.

Notification of removal is intended to allow the lower building inspection authority and the municipality sufficient time to determine whether any measures need to be ordered prior to removal. Where necessary, a qualified structural engineer must supervise the removal.

Consequences of non-notification

If you intentionally or negligently fail to report the removal of the facility one month prior to removal, you are committing a misdemeanor. You can be fined up to EUR 500,000 for this.

Prerequisites

You only have to report the removal of an installation if there is an obligation to do so.

There is no such obligation in the case of installations whose construction is not subject to a procedure. There is also no obligation in the case of free-standing buildings of building classes 1 and 3 and other installations that are not buildings with a maximum height of 10 m.

Procedure

Written submission

  • Submit the completed "Notice of Removal" form in writing to the appropriate municipality and to the appropriate building inspection authority (district offices, independent cities, large county seats and certain larger municipalities).
  • A verbal notification is not sufficient.
  • You will not receive an acknowledgement of receipt.
  • The municipality then checks whether it wants to take steps under planning law to prevent the removal. The lower building supervisory authority checks whether it needs to take steps under building law.

Digital submission

Digital submission of the notice of removal is currently only possible for construction projects in the districts of Altötting (excluding the town of Burghausen), Aschaffenburg (excluding the town of Alzenau), Augsburg, Bad Tölz-Wolfratshausen, Cham, Ebersberg (excluding the municipality of Vaterstetten), Fürstenfeldbruck (excluding the large district towns of Fürstenfeldbruck and Germering), Hof, Kronach, Main-Spessart, Neustadt a.d.Waldnaab, Pfaffenhofen a.d.Ilm (excluding the city of Pfaffenhofen a.d.Ilm, if applicable), Straubing-Bogen, Traunstein (excluding the large district city of Traunstein) and Weilheim-Schongau, as well as in the city of Kitzingen.

  • The disposal can be indicated digitally using the online assistant. The predefined form "Notification of disposal" is replaced by the queries in the online assistant. Signatures are replaced by authentication using the user account "BayernID".
  • The attachments are uploaded in the online assistant in electronic form (files in PDF format). The notification first reaches the lower building supervisory authority, which immediately forwards it to the responsible municipality.

Special notes

In addition to the Notice of Removal, you must notify the Building Inspectorate of the start of the removal work one week prior to the start of the removal work using the form or the online Construction Start Notice Wizard. Note that in some cases a qualified structural engineer must supervise the removal.

You may only remove historical monuments if you have obtained the appropriate permit under the law on the protection of historical monuments. You must apply for this permit (independently of the removal notification) at the responsible lower monument protection authority.

Deadlines

You must notify the removal at least one month before the start of the removal work.

Required documents

  • Proof of stability

    If you want to remove a building that is not freestanding, a qualified structural engineer must assess and demonstrate to the required extent that the building or buildings to which the building to be removed is attached will be stable during and after the removal. This does not apply if the building to be removed is attached to a building not subject to the procedure.

Forms

  • Form, Bavaria-wide: Beseitigungsanzeige
    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: Erläuterungen zum Ausfüllen der Beseitigungsanzeige

Fees

  • none

Remedy

Since no decision is issued by the municipality and the lower building inspection authority, you cannot appeal.

Links to more information

Status: 04.10.2022

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

Contains machine translated content. Show the original content

  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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