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.
The notification of the start of excavation is not an application. You only have to inform the lower excavation authority about the imminent start of excavation.
The notification of the start of excavation is intended to give the lower excavation authority sufficient time to prepare excavation monitoring measures and to check whether the period of validity of the excavation permit has expired.
Consequences of non-notification
If you intentionally or negligently fail to report the start of excavation at least one week prior to execution, you commit an administrative offense. You can be fined up to 500,000 EUR for this. In addition, the lower excavation authority can order the cessation of excavation.
You must notify the start of excavation when:
- you start the execution of an excavation requiring a permit, or
- you continue the execution of the excavation after an interruption of more than 6 months.
This also applies to a project covered by a partial excavation permit.
- Submit the completed and signed "Notice of Start of Construction" form to the lower excavation authority (district offices and independent cities).
- A verbal notification is not sufficient.
- You will not receive an acknowledgement of receipt.
- The lower excavation authority then checks whether the period of validity of the excavation permit has not yet expired. It may also prepare measures to monitor the excavation, if necessary.
Digital submission of notifications of commencement is currently not yet possible throughout Bavaria. This can only be done at certain lower excavation authorities. You can find out which these are in § 1 Digital Construction Application Ordinance. You can find the link under the tab "Legal basis".
- The start of excavation can be notified digitally to the lower excavation authority using the online wizard.
- The predefined form "Start of construction notification" is replaced by the queries in the online assistant.
- Signatures are replaced by authentication using the "BayernID" user account.
You must notify the start of excavation at least one week before the start of execution.
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.
Since no decision is issued by the lower excavation authority, you cannot appeal.
Responsible for editing:Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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