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.

Description

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 under certain conditions (see "Conditions").

Nevertheless, the documents required for an excavation application must be submitted. However, the municipality may request a preliminary prohibition within one month of submission.

Even if the project does not require a permit, it must comply with all regulations that must be observed.

Prerequisites

Under the following conditions, the submission of the documents required for an excavation application is sufficient for an excavation procedure without the need for an excavation permit:

  • The project is within the scope of a development plan that contains regulations regarding the permissibility, location and size of the excavation,
  • an environmental impact assessment was carried out for an excavation requiring an environmental impact assessment as part of the procedure for drawing up the development plan,
  • the excavation does not contradict the provisions of the development plan and local building regulations, and
  • the development is secured.

However, the municipality can apply to the lower excavation authority for a temporary prohibition in accordance with Section 15 (1) sentence 2 of the German Building Code (BauGB).

Procedure

Written submission

  • Submit the required documents to the municipality in whose area the excavation site is located.
  • The documents correspond to those of an excavation application together with an excavation plan and must be submitted in triplicate and using the prescribed forms.
  • Notify the neighbors of the excavation site of the excavation project at the latest when submitting the documents to the municipality. It is better to involve the neighbors in advance by submitting the excavation plan to them for approval.
  • The municipality can demand that an approval procedure be carried out within one month of submission of the documents. This means that the documents are automatically processed as a building application, provided that you have noted this accordingly on the building application form. The lower building supervisory authority is responsible for reviewing and deciding on the building application.
  • The municipality can only oppose your project by applying for a temporary prohibition of the execution of the excavation within one month of the submission of the documents. The lower excavation authority must then decide on such an application.
  • If, on the other hand, the municipality does not apply for a temporary prohibition of the excavation within one month or declares that a temporary prohibition will not be applied for, your project is exempt from approval.

Digital submission

Digital submission of documents for permit-free excavation is currently only possible for excavation projects in the districts of Altötting, Aschaffenburg, Augsburg, Bad Tölz-Wolfratshausen, Cham, Ebersberg, Fürstenfeldbruck, Hof, Kronach, Main-Spessart, Neustadt a.d.Waldnaab, Pfaffenhofen a.d.Ilm, Straubing-Bogen, Traunstein and Weilheim-Schongau, as well as in the city of Kempten.

  • The documents can be submitted digitally using the online assistant. The prescribed forms are replaced by the queries in the online assistant.
  • The excavation plan is uploaded in the online assistant in electronic form (files in PDF format). Signatures are replaced by authentication using the "BayernID" user account.
  • The documents first reach the lower excavation authority, which immediately forwards them to the responsible municipality. The one-month period, after which the project is exempt from approval, begins with the submission of the digital documents.

Special notes

If your excavation project does not require a permit, you are responsible for ensuring that the requirements for exemption from approval are met and that the regulations under public law are complied with.

Please note that you must notify the lower excavation authority of the start of excavation at least one week in advance.

Deadlines

In principle, there are no deadlines.

However, if you want to start the execution more than four years after the excavation has become permissible, you must submit the required documents again.

Processing time

If the municipality does not request a provisional prohibition within one month after the required documents have been submitted, you may start construction.

Required documents

  • current cadastral map extract
  • Site plan
  • Construction drawings
  • Building description (form see under "Forms")
  • any supporting documentation

    Depending on the excavation applied for, further documents may be required. This is particularly the case if an environmental impact assessment is to be carried out.

Forms

  • Form, Bavaria-wide: Baubeschreibung zum Bauantragsformular
    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: Bauantragsformulare (alle)
    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.

    Die verbindlich vom Bayerischen Staatsministerium für Wohnen, Bau und Verkehr bekannt gemachten Bauvordrucke können einzeln oder als Zip-Datei heruntergeladen werden. Sie haben außerdem Zugriff auf Erläuterungen zu bestimmten Bauantragsformularen.

Fees

  • none

Remedy

If the municipality applies for a provisional prohibition, you cannot appeal against this, as it is purely an administrative internal matter. You can appeal to the administrative court against the decision of the lower excavation authority on the provisional prohibition.

Status: 04.11.2022

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

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  • 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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