Building project; application for a preliminary permit

You can apply for a preliminary decision on individual issues relating to your building project. You must submit this application before applying for planning permission. The subject of a preliminary decision can only be what is also the subject of the subsequent planning permission procedure.

The preliminary decision is an anticipated part of the planning permission itself. In the subsequent decision on the building permit, the lower building supervisory 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 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.

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 is not itself the lower building supervisory authority, it will forward the application to the lower building supervisory authority following 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.

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.

• 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
• Building description (see form under "Forms")
• 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")
• 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 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.