Construction project; notification of commencement of use

You must give prior notice of the commencement of use of a building. This does not apply to projects that do not require a procedure.

Description

The notification of the commencement of use is not an application. You only have to inform the lower building supervisory authority about the imminent commencement of use.

The notification of the commencement of use is intended to give the lower building supervisory authority sufficient time to be able to check the usability requirements if necessary.

Consequences of non-notification

If you intentionally or negligently fail to give at least two weeks' notice of the commencement of use, you commit an administrative offense. You can be fined up to EUR 500,000 for this.

Prerequisites

You must report the commencement of use of a building if it was erected on the basis of a building permit or exemption from approval. This also applies if the building permit or exemption from approval was for a mere change of use or if the building permit is deemed to have been granted due to the occurrence of a deemed approval.

You do not have to report the commencement of use in the case of projects that are exempt from procedures and projects that do not require a building permit due to the priority of other permit procedures.

Procedure

Written submission

  • Submit the completed and signed "Notice of Commencement of Use" form with the required attachments to the lower building inspection authority (district offices, independent cities, large district cities and certain larger municipalities).
  • Verbal notification is not sufficient.
  • You will not receive an acknowledgement of receipt.
  • The lower building supervisory authority will then check, if necessary, whether the usability requirements have been met.

Digital submission

Digital submission of the notice of commencement of use is currently only possible for building projects in the districts of Altötting (excluding the town of Burghausen), Aschaffenburg (excluding the town of Alzenau), Augsburg, Bad Tölz-Wolfratshausen, Cham, Ebersberg (excluding the municipality of Vaterstetten), Hof, Kronach, Main-Spessart, Neustadt a.d.Waldnaab, Pfaffenhofen a.d.Ilm (excluding the town of Pfaffenhofen a.d.Ilm, if applicable), Straubing-Bogen, Traunstein (excluding the large district town of Traunstein) and Weilheim-Schongau, as well as in the town of Kitzingen.

  • The commencement of use can be notified digitally to the lower building supervisory authority using the online assistant.
  • The predefined form "Notification of commencement of use" is replaced by the queries in the online assistant.
  • Signatures are replaced by authentication by means of user account the "BayernID".
  • The attachments are uploaded in the online assistant in electronic form (files in PDF format).

Deadlines

You must give notice of commencement of use at least two weeks before commencement.

Required documents

  • If necessary, certificate of stability II (for form see "Forms")

    Only required for buildings in building classes 4 and 5.

  • If applicable, certificate of fire protection II (for form see "Forms")

    Only required for special buildings, medium and large garages and buildings of building class 5, unless the fire protection certificate is checked by the building authorities.

  • Fire protection certificate, if applicable

    Only insofar as it has not been tested by the building authorities.

  • If applicable, confirmation by an authorised inspector that the construction complies with the fire protection certificate.

    Only required for buildings in building class 4, except for special buildings and medium and large garages.

Forms

  • Form, Bavaria-wide: Anzeige der Nutzungsaufnahme
    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: Bescheinigung Standsicherheit II
    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: Bescheinigung Brandschutz II
    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

Remedy

Since no decision is issued by the lower building inspection authority, you cannot appeal.

Links to more information

Status: 09.09.2022

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