Excavation; Submission of Documentation for Excavation Not Requiring a Permit

If your excavation project falls within the scope of a zoning plan that contains regulations regarding the permissibility, location, and size of the excavation, it may be exempt from requiring a permit under certain conditions (see “Requirements”).

Nevertheless, the documents required for an excavation application must be submitted. The municipality may, however, apply for a preliminary injunction within one month of submission.

Even if the project does not require a permit, it must comply with all applicable regulations.

Under the following conditions, the submission of the documents required for an excavation application is sufficient for an excavation procedure, without the need for an excavation permit:

• The project falls within the scope of a zoning plan that contains provisions regarding the permissibility, location, and size of the excavation,
• for an excavation subject to an environmental impact assessment, an environmental impact assessment was conducted as part of the procedure for adopting the zoning plan,
• the excavation does not conflict with the provisions of the zoning plan or local building regulations, and
• utility connections are secured.

However, the municipality may apply to the lower excavation authority for a provisional prohibition pursuant to Section 15(1), second sentence, of the German Building Code (BauGB).

Written Submission

• Submit the required documents to the municipality in whose jurisdiction the excavation site is located.
• The documents are the same as those required for an excavation application, including the excavation plan, and must be submitted in triplicate using the prescribed forms.
• Notify the neighbors of the excavation site of the excavation project no later than when you submit the documents to the municipality. It is preferable to involve the neighbors in advance by submitting the excavation plan 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 permit application.
• The municipality can only oppose your project by applying for a preliminary injunction against the excavation within one month of the submission of the documents. The lower excavation authority must then decide on such an application.
• If, however, the municipality does not apply for a preliminary injunction against the excavation within one month or declares that it will not apply for such an injunction, your project is exempt from requiring approval.

Digital Submission

Digital submission of documents for excavation projects that do not require a permit is not yet possible throughout all of Bavaria. When a location is selected, 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 forms are replaced by the prompts in the online wizard.
• The excavation plan is uploaded to the online wizard in electronic form (PDF files). Signatures are replaced by authentication via a “BayernID” or “Mein Unternehmenskonto” user account.
• The documents are first sent to the lower-level excavation authority, which immediately forwards them to the responsible municipality. The one-month period, after which the project is exempt from approval, begins upon submission of the digital documents.

If your excavation project does not require a permit, you are personally responsible for ensuring that the conditions for exemption from the permit requirement are met and that public law regulations are complied with.

Please note that you must notify the local excavation authority of the start of excavation at least one week in advance.

There are generally no deadlines.

However, if you plan to begin construction more than four years after the excavation permit was granted, you must resubmit the required documents.

If the municipality does not request a preliminary injunction within one month of the submission of the required documents, you may begin construction.

• current cadastral extract
• Site Map
  

  (Scale 1 : 1,000 or 1 : 5,000)

• Construction Drawings
• Building Specifications (See "Forms" for the form)
• any additional documents, if applicable
  

  Depending on the excavation permit applied for, additional documentation may be required. This is particularly true if an environmental impact assessment must be conducted.