Building project; application for a preliminary permit

You can apply for a preliminary decision on individual issues relating to your building project. You must submit this application before applying for planning permission. The subject of a preliminary decision can only be what is also the subject of the subsequent planning permission procedure.

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

Please give priority to using the online service arranged above via the "Apply for preliminary decision online" button.

You will also find the following documents in the Forms section:

• Information sheet - Requirements for the contents of an outdoor facilities plan.
• Code of practice - Requirements for acoustic reports.
• Description of the restaurant.
• Application for deviation, exemption, exception.
• Proof of authorization to submit building documents in accordance with Art. 61 Bayer. Building Regulations (BayBO).
• Application for building permit, excavation permit, preliminary decision, permit exemption procedure - Leaflet on species protection on buildings.
• Acceptance of clearance areas - Explanation.
• Acceptance of spacing areas Consent.
• Declaration of dismantling obligation pursuant to Section 246 (13) sentence 4 or (14) sentence 7 BauGB.
• Declaration of dismantling obligation pursuant to Section 35 (5) sentence 2 BauGB.
• Description of commercial operations (for the planning application).
• Declaration on rainwater disposal in the building inspection procedure.
• Supplementary sheet Description for agricultural businesses (for building application).
• FAQ on the digital building application procedure.

You will find the following links under further links:

• Building application procedure.
• Bavarian Renewable Energies Procedure Manual.

The requested preliminary decision will only be granted if your project requires approval. Furthermore, the project must not conflict with any regulations under public law.

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

There are no deadlines to be observed.

The preliminary decision is valid for four years if it is not limited to a shorter period. The period can be extended by up to four years in each case if the client applies for this in writing before the period of validity of the preliminary decision expires.

• Application for deviation, exemption, exception
• Building application form
• Building application forms (all)

  The binding building forms published by the Bavarian State Ministry of Housing, Building and Transport can be downloaded individually or as a zip file. You also have access to explanations of certain building application forms.

• Building description for the building application form
• Supplementary sheet Description for agricultural businesses (for building application)
• Description of the restaurant
• Description of commercial operations (for building application)
• Declaration of dismantling obligation pursuant to section 246 (13) sentence 4 or (14) sentence 7 BauGB
• Declaration of dismantling obligation pursuant to Section 35 (5) sentence 2 BauGB
• Declaration on rainwater disposal in the building inspection procedure
• FAQ on the digital planning application process

  All important questions about the digital building application process are answered in detail.

• LRA Application for building permit, excavation permit, preliminary decision and submission in the permit exemption procedure
• LRA Explanation of the approval of the distance takeover / distance area takeover

  Annex 5 Explanation of the consent to the adoption of spacing / adoption of spacing areas

• LRA Explanatory notes on completing the construction or excavation application
• LRA approval for distance takeover / distance area takeover

  Annex 5 Consent to the adoption of spacing / adoption of spacing areas

• Fact sheet - Requirements for the contents of an outdoor facilities plan
• Leaflet - Requirements for acoustic reports
• Information sheet on species protection on buildings - for applications for building permits, excavation permits, preliminary decisions, permit exemption procedures -
• Proof of authorization to submit building documents in accordance with Art. 61 Bayer. Building regulations (BayBO)
• Consent to the adoption of spacing areas

The fees for a preliminary decision are between EUR 40 and EUR 2,500, depending on the administrative costs incurred.

Up to half of the fees can be offset against a subsequent building permit.

• Art. 71 Bavarian Building Regulations (BayBO)

  Preliminary decision

• Ordinance on building documents and notifications to building authorities (Bauvorlagenverordnung - BauVorlV)
• Ordinance on the digital submission of building authority applications and notifications (Digital Building Application Ordinance - DBauV)

If you do not receive the requested preliminary decision, you can file an administrative court action. This must be directed at the granting of the requested preliminary decision.

An objection is not possible.

• Building application procedure

  Information on the application procedure, documents, etc.

• Building owner info
• Building regulations law
• Structural verification
• Structural verification - Special buildings
• Bavarian Renewable Energies Procedure Manual

  Would you like to invest in renewable energies? - The procedural handbook is intended to make it easier for project developers and citizens to understand the procedures. The presentation relates to immission control, water law and building law procedures. The procedural handbook is intended as an aid and should provide orientation on important procedural aspects. (e.g. wind power, hydropower, photovoltaics, geothermal energy/heat pumps)

• Lower building supervisory authorities

Written submission

• If necessary, contact the municipality in whose area the building plot is located before submitting your application if you have any questions about the permissibility of your project.
• Involve your neighbors by submitting the site plan and the construction drawings for their approval. Any consent must be given in writing. The building supervisory authority can (exceptionally) waive the neighbor participation requirement for applications for a preliminary decision if you request this.
• Then submit the application for preliminary approval with the required documents to the responsible lower building supervisory authority (district offices, independent cities, large district towns and certain larger municipalities).
• Submit the application in triplicate using the forms provided. If the lower building supervisory authority is also the municipality, two copies are sufficient.
• The application must be made in writing; a verbal application is not possible.
• The lower building supervisory authority examines the application and decides on it.
• If the lower building supervisory authority is not itself a municipality, it shall involve the municipality in the decision on the municipal consent.
• Before making a decision, the lower building supervisory authority must involve the authorities whose involvement or consultation is required by law for the decision on the application for a preliminary decision or without whose opinion the approvability of the building application cannot be assessed (e.g. the lower immission control authority, the lower water rights authority or the road traffic authority). In the case of applications for a preliminary decision, this depends on the question posed.

Digital submission

Digital submission of applications for preliminary decisions is not yet possible throughout Bavaria. When selecting a location, the link to the online procedure is displayed if it is already offered.

• After involving the neighbors, the application can be submitted digitally using the online assistant.
• The predefined building application and building description forms are replaced by the queries in the online assistant.
• The building documents are uploaded to the online assistant in electronic form (files in PDF format).
• The signatures are replaced by authentication using the "BayernID" user account or "My company account".

• Building project; submission of documents for exemption from approval
• Building project; application for an isolated exception to the development plan
• Building project; application for a partial building permit
• Building project; application for a building permit
• Building project; online submission of the criteria catalog
• Building project; application for extension of a building permit or preliminary decision
• Excavation; application for a preliminary decision
• Building project; application for an isolated exemption from the development plan
• Building permit procedure; information on the processing status
• Construction; notification of removal
• Building project; application for an isolated deviation from other building regulations
• Building project; application for an isolated deviation from local building regulations