Building project; application for a preliminary permit

You can have certain questions regarding the permissibility of your project clarified by means of a preliminary decision before submitting a building application. This has a binding effect on the subsequent planning permission procedure.

Description

Prerequisites

The requested preliminary decision will only be granted if your project requires 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 determine compliance with all public law regulations.

Procedure

Written submission

  • Involve your neighbors by submitting the site plan and the construction drawings for their approval. Any consent must be given in writing. The building supervisory authority can (exceptionally) waive the neighbor participation requirement for applications for a preliminary decision if you request this.
  • 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 itself is not the lower building supervisory authority, it will forward the application to the lower building supervisory authority after its decision on the municipal consent.
    Exception: In the area of responsibility of the lower building supervisory authorities, which 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 Section 1 of the Digital Building Application Ordinance. You can find the link under the "Legal basis" tab. The involvement of the municipality is carried out - if necessary - 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 made in writing, an oral application is not possible.
  • The lower building supervisory authority (district offices, independent cities, large district towns and certain larger municipalities) examines the application and decides on it.
  • Before making a decision, the lower building supervisory authority must involve the authorities whose involvement or consultation 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 (e.g. the lower immission control authority, the lower water 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 preliminary decisions is not yet possible throughout Bavaria. This is only possible with certain lower building supervisory authorities. You can find out which these are in Section 1 of the Digital Building Application Ordinance. You can find the link under the "Legal bases" tab.

  • After involving the neighbors, the application can be submitted digitally using the online assistant.
  • The predefined building application and building description forms are replaced by the queries in the online assistant.
  • The building documents are uploaded to the online assistant in electronic form (files in PDF format).
  • The signatures are replaced by authentication using the "BayernID" user account. The digital application is sent directly to the lower building supervisory authority.
  • If the lower building supervisory authority is not a municipality itself, it will involve the municipality in the decision on the 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 if it is not limited to a shorter period. The period can be extended by up to two years in each case if the client applies for this in writing before the period of validity of the preliminary decision expires.

Processing time

The processing time depends on the scope 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 costs incurred.

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

Remedy

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

An objection is not possible.

Status:09.02.2024

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