Dienstleistungsportal Bayern

Description

Prerequisites

The requested preliminary decision will only be issued if your project is subject to approval. Furthermore, the project must not conflict with any regulations under public law.

A preliminary decision may only be issued for individual issues relating to the building project. It cannot, for example, be issued to the effect that compliance with all public-law regulations is established.

Procedure

Written submission

• Involve your neighbors by submitting the site plan and construction drawings to them for their approval. Any consent must be in writing. The building supervisory authority may (exceptionally) waive the requirement for neighbor participation in the case of applications for a preliminary decision if you so request.
• Then submit the application for a preliminary decision with the required documents to the municipality in whose area the building plot is located. If the municipality is not itself the lower building supervisory authority, it will forward the application to the lower building supervisory authority following its decision on municipal consent.
  Exception: In the area of responsibility of the lower building supervisory authorities that are district offices and allow digital submission, you must submit the written application directly to the lower building supervisory authority. You can find out which district offices these are in § 1 Digital Building Application Ordinance. You will find the link under the "Legal basis" tab. The involvement of the municipality - if required - is carried out by the lower building supervisory authority.
• Submit the application in triplicate using the forms provided.
• If the municipality is also the lower building supervisory authority, two copies are sufficient.
• The application must be in writing; an oral application is not possible.
• The lower building supervisory authority (district offices, independent cities, large district cities and certain larger municipalities) examines the application and decides on it.
• Before making a decision, the lower building supervisory authority must involve the bodies whose involvement or hearing is required by law for the decision on the application for a preliminary decision, or without whose opinion the approvability of the building application cannot be assessed (for example, the lower immission control authority, the lower water rights authority or the road traffic authority). In the case of applications for a preliminary decision, this depends on the question posed.

Digital submission

Digital submission of applications for a preliminary decision is currently not yet possible throughout Bavaria. This can only be done at certain lower building supervisory authorities. You can read which these are in § 1 Digital Building Application Ordinance. You can find the link under the tab "Legal basis".

• After involving the neighbors, the application can be submitted digitally using the online wizard.
• The predefined forms Building Application and Building Description are replaced by the queries in the Online Assistant.
• The construction documents are uploaded in electronic form (files in PDF format) in the online assistant.
• The signatures are replaced by authentication using the "BayernID" user account. The digital application is sent directly to the lower building supervisory authority.
• Insofar as the lower building supervisory authority is not itself a municipality, it carries out the involvement of the municipality for the decision on municipal consent.

Special notes

A preliminary decision is useful, for example, to clarify the permissibility of a project under building planning law.

Deadlines

There are no deadlines to be observed.

The preliminary decision is valid for three years unless it is limited to a shorter period. The period may be extended by up to two years if the building owner applies for this in writing before the preliminary decision expires.

Processing time

The processing time depends on the size and complexity of the application, the number of agencies involved and the current workload of the authority.

Required documents

• current cadastral map extract

• Site plan, if applicable

  Not required, provided only the alteration of structures is requested where exterior walls and roofs and use are not changed.

• Construction drawings

• Building description (form see under "Forms")

• If necessary, information on the secured development with regard to the supply of water and energy as well as the disposal of waste water and the traffic development.

  Required only if the construction project cannot be connected to a public water or power supply or to a public sewage disposal system. Also required if the building project is not located in sufficient width on a public traffic area.

• if applicable, calculation of the permissible and planned extent of building use

  Only required within the scope of a development plan that contains provisions on this.

• If necessary, consent to the transfer of distance areas (for form, see "Forms")

• any supporting documentation

  Depending on the building project, further documents may be required, for example a tree inventory declaration. However, this is only required if requested by the municipality.

Forms

• Form, Bavaria-wide: 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: 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: Zustimmung zur Abstandsflächenübernahme

  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

• The fees for a preliminary decision are between EUR 40 and EUR 2,500, depending on the administrative work involved.

  Up to half of the fees can be credited against a subsequent building permit.

Legal bases

• Art. 71 Bayerische Bauordnung (BayBO)

  Vorbescheid

• Verordnung über Bauvorlagen und bauaufsichtliche Anzeigen (Bauvorlagenverordnung - BauVorlV)
• Verordnung über die digitale Einreichung bauaufsichtlicher Anträge und Anzeigen (Digitale Bauantragsverordnung - DBauV)

Remedy

If you do not receive the requested preliminary decision, you can file an administrative court action. This must be directed to the issuance of the requested preliminary decision.

An objection is not possible.

Links to more information

• Bauherren-Info
• Bauordnungsrecht
• Bautechnische Nachweise
• Sonderbauten
• Untere Bauaufsichtsbehörden

Related issues

• Excavation; application for a preliminary decision
• Building permit procedure; information on the processing status
• Construction; notification of removal
• Building project; application for extension of a building permit or preliminary decision
• Building project; application for a building permit
• Building project; request for an isolated deviation from local building regulations.
• Construction project; request for isolated variance from other building code provisions.
• Building project; application for an isolated exception to the development plan
• Building project; application for an isolated exemption from the development plan
• Building project; application for a partial building permit
• Construction project; online submission of the criteria catalog.
• Construction project; submission of documents for permit exemption.