Construction; notification of removal

The notification of removal is not an application. You only need to inform the responsible authorities of the impending removal.

Only the complete removal of an installation must be notified. The partial removal of an installation is a change to an installation and may require planning permission.

The notification of removal is intended to give the lower building supervisory authority and the local authority sufficient time to check whether any measures need to be ordered before removal. If necessary, a qualified structural engineer must supervise the removal.

Consequences of non-notification

If you deliberately or negligently fail to report the removal of the installation one month prior to removal, you are committing an administrative offense. You can be fined up to EUR 500,000 for this.

You only have to report the removal of an installation if there is an obligation to do so.

There is no such obligation for installations whose erection is exempt from procedure. There is also no obligation for free-standing buildings in building classes 1 and 3 or for other installations that are not buildings with a maximum height of 10 m.

Written submission

• Submit the completed "Notification of removal" form in writing to the responsible municipality and the responsible building supervisory authority (district offices, independent cities, large district towns and certain larger municipalities).
• Verbal notification is not sufficient.
• You will not receive confirmation of receipt.
• The local authority will then check whether it wishes to take steps under planning law to prevent the removal. The lower building supervisory authority will check whether it needs to take steps under building regulations.

Digital submission

It is not yet possible to submit the notification of removal digitally throughout Bavaria. This can only be done 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 basis" tab.

• The removal can be notified digitally using the online assistant. The prescribed "Notification of removal" form is replaced by the queries in the online assistant. Signatures are replaced by authentication using the "BayernID" user account.
• The attachments are uploaded to the online assistant in electronic form (files in PDF format). The notification is first sent to the lower building supervisory authority, which forwards it immediately to the responsible municipality.

In addition to the removal notification, you must notify the building supervisory authority of the start of the removal work one week before the start of the removal work using the form or the online construction start notification assistant. Please note that in some cases a qualified structural engineer must supervise the removal.

You may only remove monuments if you have obtained a corresponding permit under monument protection law. You must apply for this (independently of the notification of removal) at the responsible lower monument protection authority.

• Proof of stability
  If you wish to remove a non-detached building, a qualified structural engineer must assess and provide evidence to the required extent that the building or buildings to which the building to be removed is attached are stable during and after removal. This does not apply if the building to be removed is attached to a building that is not subject to a procedure.