Construction Project; Application for a Preliminary Decision

You may apply for a preliminary decision regarding specific aspects of your construction project. You must submit this application before applying for a building permit. A preliminary decision may only address matters that will also be addressed in the subsequent building permit proceedings.

The preliminary decision is an advance determination of part of the building permit itself. When making the subsequent decision on the building permit, the lower building authority is bound by the preliminary decision to the extent that it establishes regulations regarding the project.

The preliminary decision you have requested will be granted only 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 regarding specific aspects of the construction project. For example, it cannot be issued to confirm compliance with all public law regulations.

Written Submission

• If you have any questions regarding the permissibility of your project, contact the municipality in whose jurisdiction the building lot is located—if necessary, 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. The building authority may (in exceptional cases) waive the requirement for neighbor involvement for applications for a preliminary decision if you request it.
• Then submit the application for a preliminary decision, 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 application in triplicate using the prescribed forms. If the lower-level building authority is also the municipality, two copies are sufficient.
• The application must be submitted in writing; oral applications are not permitted.
• The lower building authority reviews the application and makes a decision on it.
• If the lower building supervisory authority is not itself a municipality, it shall involve 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 application for a preliminary decision, 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). For applications for a preliminary decision, this depends on the specific issue raised.

Digital Submission

Digital submission of applications for a preliminary decision is not yet possible throughout all of Bavaria. When a location is selected, the link to the online procedure will be displayed, provided it is already available.

• After consulting with neighbors, the application can be submitted digitally using the online wizard.
• The standard “Building Permit Application” and “Building Description” forms are replaced by the prompts in the online wizard.
• The building documents are uploaded to the online wizard in electronic form (PDF files).
• Signatures are replaced by authentication via a “BayernID” or “Mein Unternehmenskonto” user account.

There are no deadlines to observe.

The preliminary decision is valid for four years, unless a shorter term is specified. The validity period may be extended by up to four years at a time if the builder submits a written request before the preliminary decision expires.

• 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
• Building Specifications (See "Forms" for the form)
• 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)
• 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 preliminary decision range from 40 to 2,500 EUR, depending on the administrative costs incurred.

Up to half of these fees may be credited toward a subsequent building permit.