Dienstleistungsportal Bayern

Description

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 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 not yet possible throughout Bavaria. This can only be done at certain lower excavation authorities. You can find out which ones in § 1 Digital Construction Application Ordinance. You can find the link under the tab "Legal basis".

• The documents can be submitted digitally using the online wizard. The given forms are replaced by the queries in the Online Assistant.
• The excavation plan is uploaded in the online wizard 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

  (M 1 : 1,000 or 1 : 5,000)

• 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.

Fees

• none

Legal bases

• Art. 6 Bayerisches Abgrabungsgesetz (BayAbgrG)
• Verordnung über Bauvorlagen und bauaufsichtliche Anzeigen (Bauvorlagenverordnung - BauVorlV)
• Verordnung über die digitale Einreichung bauaufsichtlicher Anträge und Anzeigen (Digitale Bauantragsverordnung - DBauV)

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 against the decision of the lower excavation authority on the provisional prohibition to the administrative court.

Links to more information

• Genehmigungsfreistellung
• Bautechnische Nachweise

Related issues

• Excavation; notification of the start of excavation
• Excavation; application for an excavation permit.
• Excavation; application for a partial excavation permit.
• Excavation; application for a preliminary decision
• Building project; application for a building permit