Excavation; application for a preliminary decision

You can apply for a preliminary decision on individual issues relating to your excavation project. You must submit this application before applying for the excavation permit. The subject of the preliminary decision can only be the subject of the subsequent excavation permit procedure.

The preliminary decision is an anticipated part of the excavation permit itself. In the subsequent decision on the excavation permit, the lower excavation authority is bound by the preliminary decision insofar as it contains a regulation on the project.

The requested preliminary decision will only be issued if the project requires approval. Furthermore, the excavation must not conflict with any public law regulations that are to be examined in the approval procedure.

A preliminary decision may only be issued for individual issues relating to the excavation project. It cannot therefore be issued to the effect that compliance with all public law regulations is established.

Written submission

• Whether the neighbors have to be involved before submission depends on whether an environmental impact assessment has to be carried out. If the latter is the case, you do not have to involve the neighbors yourself, as they have the opportunity to comment as part of the environmental impact assessment. Otherwise, you must first submit the excavation plan to the neighbors of the excavation site for approval. Any consent must be given in writing.
• Submit the application for a preliminary decision with the required documents to the municipality in whose area the excavation site is located, if necessary after involving the neighbors. If the municipality is not itself the lower excavation authority, it forwards the application together with its opinion to the lower excavation authority.
  Exception: In the area of responsibility of the lower excavation authorities that allow digital submission (currently the districts of Altötting, Aschaffenburg, Augsburg, Bad Tölz-Wolfratshausen, Cham, Ebersberg, Fürstenfeldbruck, Hof, Kronach, Kulmbach, Main-Spessart, Neumarkt i.d.Opf., Neustadt a.d.Waldnaab, Pfaffenhofen a.d.Ilm, Straubing-Bogen, Traunstein and Weilheim-Schongau) you must also submit the written application directly to the lower excavation authority. If necessary, the lower excavation authority will involve the municipality.
• Submit the application in triplicate using the forms provided.
• An oral application is not possible.
• The lower excavation authority (district offices, independent cities) decides on the application, if necessary after carrying out the environmental impact assessment.

Digital submission

Digital submission of applications for a preliminary decision is not yet possible throughout Bavaria. This is only possible for certain lower excavation authorities. You can find out which these are in § 1 of the Digital Building Application Ordinance. You can find the link under the "Legal bases" tab.

• The application can be submitted digitally using the online assistant, if necessary after involving the neighbors.
• The predefined forms are replaced by the queries in the online assistant.
• The excavation plan is uploaded to the online assistant in electronic form (files in PDF format).
• Signatures are replaced by authentication using the "BayernID" user account.
• The digital application is sent directly to the lower excavation authority. If the lower excavation authority is not itself a municipality, it will involve the municipality.

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

• current extract from the land register
• Site plan
  

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

• Construction drawings
• Building description (see form under "Forms")
• Further documents if necessary
  

  Depending on the excavation applied for, further documents may be required. This is particularly the case if an environmental impact assessment is to be carried out.