Building project; application for a preliminary permit
You can have certain questions regarding the permissibility of your project clarified by means of a preliminary decision before submitting a building application. This has a binding effect on the subsequent planning permission procedure.
Stand: 29.02.2024. Link zum BayernPortal
Online procedure
Apply for a preliminary decision online
You can apply for the preliminary decision online.
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 preliminary decision you have applied for will only be granted if your project is subject to approval. Furthermore, the project must not conflict with any public law regulations.
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
Nicht erforderlich, sofern nur die Änderung baulicher Anlagen beantragt wird, bei denen Außenwände und Dächer sowie die Nutzung nicht verändert werden. - 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
Nur erforderlich, wenn das Bauvorhaben nicht an eine öffentliche Wasser- oder Energieversorgung oder an eine öffentliche Abwasserentsorgungsanlage angeschlossen werden kann. Auch erforderlich, wenn das Bauvorhaben nicht in ausreichender Breite an einer öffentlichen Verkehrsfläche liegt. - If applicable, calculation of the permitted and planned extent of building use
Nur erforderlich im Geltungsbereich eines Bebauungsplanes, der Festsetzungen darüber enthält. - If applicable, consent to the transfer of the clearance area (see form under "Forms")
- Further documents if necessary
Je nach Bauvorhaben können weitere Unterlagen erforderlich sein, beispielsweise eine Baumbestandserklärung. Dies aber nur, wenn die Gemeinde dies verlangt.
Building application forms (all)
The binding building forms published by the Bavarian State Ministry of Housing, Building and Transport can be downloaded individually or as a zip file. You also have access to explanations of certain building application forms.
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.
Art. 71 Bavarian Building Regulations (BayBO)
Plan assumption
This is where all incoming applications are received, recorded and checked for completeness. Building applications that have significant deficiencies and therefore cannot be processed are returned to the applicant.
Anschrift
Öffnungszeiten
In addition, individual appointments can be arranged on site outside regular opening hours. Get in touch with us by phone, e-mail or contact form.