Construction Projects; Submission of Documentation for Exemption from Permitting Requirements

In principle, an exemption from the permit requirement may be granted for all structures except for special structures. However, this is only possible under certain conditions (see “Requirements”). Even if a project is exempt from the permit requirement, it must still comply with all applicable regulations.

Even if all requirements for an exemption from the permit requirement are met, you are not automatically entitled to such an exemption. It is at the discretion of the municipality to determine whether or not a building permit procedure should be carried out.

The construction, alteration, or change of use of a structure may be exempt from requiring a permit under the following conditions:

• The project is not a special-purpose structure,
• it falls within the scope of a qualified zoning plan or a project-specific zoning plan,
• it complies with the provisions of the zoning plan and any applicable local building codes,
• utility connections are secured, and
• it is not a residential or commercial construction project for which the municipality has excluded the application of the exemption from the building permit requirement through a zoning plan.

The municipality may, despite the fulfillment of these requirements, declare that a building permit procedure is to be carried out.

Written Submission

Please note first of all that for building permit applications involving the construction or alteration of buildings, the construction documents must be prepared by a design professional authorized to submit such documents (architect, civil engineer; for smaller construction projects, particularly single-family and two-family homes, master craftsmen in the fields of construction and carpentry, as well as state-certified technicians specializing in construction engineering) must be prepared. This also applies to documents submitted as part of the exemption from approval process.

• Submit the required documents to the municipality in whose jurisdiction the building lot is located.
• The documents correspond to those required for a building permit application, including construction drawings, and must be submitted in triplicate using the prescribed forms.
• Notify the neighbors of the building lot of the construction project no later than when you submit the documents to the municipality. It is preferable to involve the neighbors in advance by submitting the site plan and construction drawings to them for approval.
• The municipality may require an approval process to be conducted within one month of the submission of the documents. This means that the documents will automatically be processed as a building permit application, provided you have indicated this accordingly on the building permit application form. The lower building authority is responsible for reviewing and deciding on the building application.
• If, however, the municipality does not request the simplified approval process within one month or notifies you in writing that no approval process is to be conducted, your project is exempt from approval.

Digital Submission

Digital submission of documents in the exemption from approval procedure is not yet possible throughout all of Bavaria. When you select a location, the link to the online procedure will appear, provided it is already available.

• The documents can be submitted digitally using the online wizard.
• The standard “Building 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).
• The signatures of the building owner and the design architect authorized to submit building documents are replaced by authentication via a “BayernID” or “Mein Unternehmenskonto” user account. In particular, the (large-format) construction drawings do not need to be signed. They can therefore be generated directly as files within the designer’s CAD system. If the building documents must be prepared by a designer authorized to submit building plans, that designer must authenticate themselves and submit the documents on behalf of the building owner.
• The documents are first sent to the lower-level building authority, which immediately forwards them to the responsible municipality. The one-month period, after which the project is exempt from approval, begins with the submission of the digital documents.

If your construction project is exempt from requiring a permit, you are personally responsible for ensuring that the conditions for the exemption are met and that all public law regulations are complied with.

Please note that even for construction projects exempt from permits, you must notify the local building authority of the start of construction at least one week in advance.

In principle, there are no deadlines.

However, if you intend to begin construction more than four years after construction became permissible due to an exemption from the permitting process, you must go through the exemption process again.

If the municipality does not notify you within one month of the submission of the required documents that the simplified approval procedure will be carried out, you may begin construction. This does not apply if the municipality applies for a preliminary injunction within one month of the submission of the required documents.

• current cadastral extract
• Site Map
  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)
• Fire safety certification, if applicable
  This is required only if it is subject to building code review and is not already included in the other construction documents.
• any necessary information regarding guaranteed infrastructure for water and energy supply, wastewater disposal, and transportation access
  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 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.

There are no fees for the exemption from the permit requirement. If the municipality notifies you before the one-month deadline expires that no permit procedure will be conducted, it may charge a fee for this if it has provided for such a fee in a municipal fee schedule.