Construction Project; Applying for a Building Permit

For projects requiring a building permit, a building permit grants you the right to construct a structure, make alterations to it, or change its use. It is a declaration by the state that the project does not conflict with public law, which is to be reviewed during the building permit process. However, this applies only as of the date of the decision.

Projects Not Subject to Permitting

A project is not subject to a building permit if it is exempt from the permitting process or is exempted from the requirement for a permit. Projects that have minimal relevance under building law are exempt from the permitting process. Projects may be exempt from approval if, in particular, they are not special structures and comply with a qualified zoning plan. However, this depends on the municipality. If the municipality wishes to conduct an approval process, the construction project is not exempt from approval.

If the project is not subject to a building permit, you do not need to apply for one. Such a permit would not be granted to you anyway.

Consequences of Lacking a Required Building Permit

If you construct or alter a structure, or change its use, without the required building permit, the competent local building authority may intervene and take appropriate measures. This may even lead to an order to remove the structure.

The requested building permit will be granted only if the project is subject to approval. Furthermore, the project must not conflict with any public law regulations.

Written Submission

Please note first of all that for building permit applications involving the construction or alteration of buildings, the construction documents must be prepared by a design professional authorized to submit such documents (architect, civil engineer; for smaller construction projects, particularly single-family and two-family homes, master craftsmen in the fields of construction and carpentry, as well as state-certified technicians specializing in construction engineering) must prepare the construction documents.

• If you have any questions regarding the permissibility of your project, please contact the municipality in whose jurisdiction the building lot is located, even before submitting your application.
• Involve your neighbors by submitting the site plan and construction drawings to them for approval. Any approval must be in writing.
• Then submit the building permit application along with the required documents to the competent lower-level building authority ( district offices, independent cities, major county seats, and certain larger municipalities).
• Submit the building permit application in triplicate using the prescribed forms. If the lower building authority is also the municipality, two copies are sufficient.
• Verbal applications are not permitted.
• The application must be signed by the building owner and the designer authorized to submit the plans.
• The lower building authority reviews the application and makes a decision on it.
• If the lower building authority is not itself a municipality, it involves the municipality in the decision regarding municipal consent.
• Before making a decision, the lower building authority must involve those agencies whose participation or consultation is required by law for the decision on the building application, or without whose comments the eligibility of the building application for approval cannot be assessed (for example, the lower environmental protection authority, the lower water rights authority, or the road traffic authority).

Digital Submission

Digital submission of building permit applications is not yet possible throughout all of Bavaria. When a location is selected, the link to the online procedure will appear, provided it is already available.

• After consulting with neighbors, the building permit application can be submitted digitally using the online wizard.
• The standard forms for the building permit application and building description are replaced by the prompts in the online wizard.
• The building documents are uploaded to the online wizard in electronic form (PDF files).
• The signatures of the building owner and the designer authorized to submit the plans are replaced by authentication via a “BayernID” or “Mein Unternehmenskonto” user account.
• In particular, the (large-format) construction drawings do not need to be signed. They can therefore be generated directly as files in the designer’s CAD system.
• For building permit applications where the construction documents must be prepared by a design architect authorized to submit building plans, the design architect must authenticate themselves and submit the building permit application on behalf of the building owner.

Under no circumstances should you begin work on a project that requires a permit without first applying for and receiving the necessary building permit.

• current cadastral extract
• Site plan, if applicable
  Not required, provided that the application is limited to changes to structural elements that do not alter the exterior walls, roofs, or the use of the building.
• Construction Drawings
• If applicable, a statement confirming compliance with the list of criteria (see "Forms" for the form)
  

  Only for special structures, provided that the structural engineer submits such a declaration.

  If the building permit application is submitted digitally, the structural engineer may also submit the declaration digitally using the online wizard (see the service “Construction Projects; Online Submission of the Declaration of Compliance with the Criteria Catalog” under “Related Topics”).

• Fire safety certification, if applicable
  This is required only if it is subject to building code review and is not already included in the other construction documents.
• Stability analysis, if applicable
  Only for special structures, provided that their structural stability has been verified by the building authorities.
• any necessary information regarding the availability of water and energy supplies, wastewater disposal, and transportation infrastructure
  Required only if the construction project cannot be connected to a public water or energy supply system or to a public wastewater treatment facility. Also required if the construction project does not abut a public right-of-way with sufficient frontage.
• If necessary, calculation of the permitted and planned extent of building use
  Required only within the area covered by a zoning plan that contains provisions on this matter.
• If applicable, consent to the assumption of setback requirements (see "Forms" for the form)
• Requests for exceptions, if applicable
• any additional documents, if applicable
  Depending on the construction project, additional documents may be required, such as a tree inventory report. However, this is only necessary if the municipality requires it.

The fees for a building permit range from 1 per thousand to 4 per thousand of the construction costs, depending on the type of construction project and the type of approval process. You must pay the fees even if your building permit application is denied or withdrawn. In that case, however, the fees are reduced.

If a building permit is granted for a change in the use of a structure, the fee ranges from 40 to 5,000 EUR, depending on the administrative costs incurred.