Building project; application for a building permit

A building permit grants you the right to construct, modify or change the use of a facility for projects that require approval. It is a state declaration that the project does not conflict with public law, which must be examined in the building inspection procedure. However, this only applies at the time of the decision.

Projects not requiring approval

A project is not subject to approval if it is exempt from procedures or is exempt from approval. Procedurally exempt projects are projects that are of minor relevance under building law. Projects that are not special buildings and comply with a qualified development plan, as well as the conversion of attics for residential purposes, may be exempt from approval (see "Related services" below). However, this depends on the municipality. If the local authority wishes an approval procedure to be carried out, the building project is not exempt from approval.

If the project does not require approval, you do not need to apply for a building permit. You would not be granted one.

Consequences of not having the required building permit

If you construct or modify a facility or change its use without the required building permit, the responsible lower building supervisory authority can intervene and take appropriate measures. This can go as far as ordering the removal of the facility.

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

Written submission

First of all, please note that for building applications for the construction and alteration of buildings, the building documents must be prepared by an authorized draftsman (architect, civil engineer; for smaller building projects, especially detached and semi-detached houses, also master craftsmen in the building and carpentry trades and state-certified technicians in the field of structural engineering).

• Involve your neighbors by submitting the site plan and the construction drawings for their approval. Any consent must be given in writing.
• Then submit the building application 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 building 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 building application in triplicate using the forms provided.
• If the municipality is also the lower building supervisory authority, two copies are sufficient.
• An oral application is not possible.
• The application must be signed by the building owner and the authorized designer.
• 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 building application or without whose opinion the approvability of the building application cannot be assessed (e.g. the lower immission control authority, the lower water rights authority or the road traffic authority).

Digital submission

It is not yet possible to submit building applications digitally throughout Bavaria. This is only possible with certain lower building supervisory authorities. You can find out which these are in § 1 of the Digital Building Application Ordinance. You can find the link under the "Legal bases" tab.

• After involving the neighbors, the building 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 of the client and the authorized draftsman are replaced by authentication using the "BayernID" user account.
• In particular, the (large-format) construction drawings do not need to be signed. They can therefore be generated as a file directly in the CAD system of the author of the design.
• In the case of building applications for which the building documents must be prepared by an authorized designer, the latter must authenticate himself and submit the building application for the client.
• The digital building application is sent directly to the lower building supervisory authority.
• If the lower building supervisory authority is not itself a municipality, it will involve the municipality in the decision on the municipal consent.

Under no circumstances should you start work on a project that requires approval without having applied for and obtained the necessary building permit.

• current extract from the land register
• Site plan, if applicable
  Not required if only the modification of structural installations is applied for, where exterior walls and roofs as well as the use are not changed.
• Construction drawings
• Declaration of compliance with the list of criteria, if applicable (see "Forms")
  

  Only for special buildings, if the structural engineer submits such a declaration.

  If the building application is submitted digitally, the structural engineer can also submit the declaration digitally using the online assistant (see service "Building project; online submission of the declaration of compliance with the criteria catalog" under "Related topics").

• Fire protection certificate, if applicable
  Only required if it is checked by the building authorities and is not already included in the other building documents.
• Proof of stability, if applicable
  Only for special buildings, provided the stability is tested by the building authorities.
• any necessary information on the secured development with regard to the supply of water and energy as well as the disposal of waste water and traffic development
  Only required if the building project cannot be connected to a public water or energy supply or to a public sewage disposal system. Also required if the building project is not sufficiently wide enough to be connected to a public traffic area.
• If applicable, calculation of the permitted and planned extent of building use
  Only required within the scope of a development plan that contains provisions on this.
• If applicable, consent to the transfer of the clearance area (see form under "Forms")
• Deviation requests, if applicable
• Further documents if necessary
  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.

The fees for a building permit amount to between 1 per thousand and 4 per thousand of the building costs, depending on the type of building project and the type of approval procedure. You must also pay fees if your building application is rejected or withdrawn. In this case, however, the fees are reduced.

If planning permission is granted for a change of use of structural facilities, the fee is between EUR 40 and EUR 5,000, depending on the administrative costs incurred.