Excavation; application for a preliminary decision
You can have certain questions about the permissibility of your project clarified by a preliminary decision before you apply for an excavation permit. This has a binding effect on the subsequent excavation permit procedure.
You can apply for a preliminary decision on individual issues relating to your excavation project. You must submit this application before applying for the excavation permit. The subject of the preliminary decision can only be what is the subject of the subsequent excavation permit procedure.
The preliminary decision is an anticipated part of the excavation permit itself. In the later decision on the excavation permit, the lower excavation authority is bound by the preliminary decision insofar as it contains a regulation on the project.
The requested preliminary decision will only be granted if the project is subject to approval. Furthermore, the excavation must not conflict with any regulations under public law that are to be examined in the approval procedure.
A preliminary decision may only be issued for individual issues of the excavation project. It cannot therefore be issued to the effect that compliance with all public-law regulations is established.
- Whether the neighbors must be involved before submission depends on whether an environmental impact assessment must be carried out. If the latter is the case, you do not have to involve the neighbors yourself, as they have the opportunity to comment as part of the environmental impact assessment. Otherwise, you must first present the excavation plan to the neighbors of the excavation property for their approval. Any consent must be in writing.
- After involving the neighbors, if necessary, submit the application for a preliminary decision with the required documents to the municipality in whose area the excavation site is located. If the municipality is not itself the lower excavation authority, it will forward the application together with its statement to the lower excavation authority.
Exception: In the area of responsibility of the lower excavation authorities that allow digital submission (currently the districts of Altötting, Aschaffenburg, Augsburg, Bad Tölz-Wolfratshausen, Cham, Ebersberg, Fürstenfeldbruck, Hof, Kronach, Kulmbach, Main-Spessart, Neumarkt i.d.Opf, Neustadt a.d.Waldnaab, Pfaffenhofen a.d.Ilm, Straubing-Bogen, Traunstein and Weilheim-Schongau) you must also submit the written application directly to the lower excavation authority. The involvement of the municipality - if required - is carried out by the lower excavation authority.
- Submit the application in triplicate and using the prescribed forms.
- An oral application is not possible.
- The lower excavation authority (district offices, independent cities) decides on the application, if necessary after carrying out the environmental impact assessment.
Digital submission of applications for a preliminary decision is currently not yet possible throughout Bavaria. This can only be done at certain lower excavation authorities. You can find out which these are in § 1 Digital Construction Application Ordinance. You will find the link under the tab "Legal basis".
- The application can be submitted digitally using the online wizard, if necessary after involving the neighbors.
- The given 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 digital application is sent directly to the lower excavation authority. If the lower excavation authority is not itself a municipality, it carries out the involvement of the municipality.
A preliminary decision is primarily useful for clarifying individual problematic aspects of an excavation.
The processing time depends on the scope and complexity of the application, the current workload of the authority and whether an environmental impact assessment must be carried out.
- The fees for a preliminary decision are between EUR 40 and EUR 2,500, depending on the administrative expenses incurred. Up to half of the fees can be credited against a subsequent excavation permit.
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.
Responsible for editing: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
- 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