Excavation; Application for a Preliminary Decision

You may request a preliminary decision regarding specific aspects of your excavation project. You must submit this request before applying for the excavation permit. The subject matter of the preliminary decision may only pertain to matters that will be addressed in the subsequent excavation permit proceedings.

The preliminary decision is an anticipatory part of the excavation permit itself. When making the subsequent decision on the excavation permit, the lower-level excavation authority is bound by the preliminary decision to the extent that it addresses the project.

The requested preliminary decision will be issued only if the project is subject to approval. Furthermore, the excavation must not be precluded by any public law regulations that are to be reviewed during the approval process.

A preliminary decision may only be issued regarding specific aspects of the excavation project. Therefore, it cannot be issued to certify compliance with all public law regulations.

Written Submission

• Whether neighbors must be consulted prior to submission depends on whether an environmental impact assessment is required. If an environmental impact assessment is required, you do not need to consult the neighbors yourself, as they will have the opportunity to provide input as part of the environmental impact assessment. Otherwise, you must first submit the excavation plan to the neighbors of the excavation site for their approval. Any approval must be in writing.
• After consulting with the neighbors, if applicable, submit the application for a preliminary decision to the competent lower excavation authority (district offices and independent cities).
• Submit the application in triplicate using the prescribed forms.
• Verbal applications are not permitted.
• The lower excavation authority will decide on the application, if necessary after conducting an environmental impact assessment.
• If the lower excavation authority is not itself a municipality, it will involve the municipality in the process.

Digital Submission

Digital submission of applications for a preliminary decision 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 application can be submitted digitally using the online wizard, after consulting with neighbors if necessary.
• 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.

A preliminary decision is particularly useful for clarifying specific problematic aspects of an excavation.

• 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.