Construction; notification of removal
Brief description
You may only remove certain structures if you give prior notification of the intended removal. The removal of a structure must be notified if it is not exempt from the procedure.
Description
The notification of removal is not an application. You only need to inform the responsible authorities of the impending removal.
Only the complete removal of an installation must be reported. The partial removal of an installation is a modification of an installation and may require planning permission.
The notification of removal is intended to give the lower building supervisory authority and the municipality sufficient time to check whether measures need to be ordered before removal. If necessary, a qualified structural engineer must supervise the removal.
Consequences of non-disclosure
If you deliberately or negligently fail to report the removal of the system one month before the removal, you are committing an administrative offense. You can be fined up to EUR 500,000 for this.
Special information for - District of Bad Tölz WolfratshausenPlease give priority to using the online service arranged above via the "Show disposal online" button.
In the Forms section, you will find the "Survey form for outgoing construction work and explanations (construction activity statistics)".
You will also find a link to the "Building application procedure" under the further links.
Prerequisites
You only have to report the removal of an installation if there is an obligation to do so.
There is no such obligation for facilities whose construction is exempt from procedures. There is also no obligation for free-standing buildings in building classes 1 and 3 and for other installations that are not buildings with a maximum height of 10 m.
Deadlines
You must notify the removal at least one month before the start of the removal work.Required documents
Proof of stability
If you wish to remove a non-detached building, a qualified structural engineer must assess and provide evidence to the required extent that the building or buildings to which the building to be removed is attached are stable during and after removal. This does not apply if the building to be removed is attached to a building that is not subject to a procedure.Forms
Costs
noneLegal basis
- Art. 57 Bavarian Building Regulations (BayBO)
Construction projects not subject to procedures, removal of installations
- Ordinance on the digital submission of building authority applications and notifications (Digital Building Application Ordinance - DBauV)
- Art. 57 Bavarian Building Regulations (BayBO)
Legal remedy
As no decision is issued by the municipality and the lower building supervisory authority, you cannot lodge an appeal.Further links
- Building application procedure
Information on the application procedure, documents, etc.
- Building projects not subject to procedures
- Building application procedure
Procedure
Written submission
- Submit the completed "Notification of removal" form in writing to the responsible municipality and the responsible building supervisory authority (district offices, independent cities, large district towns and certain larger municipalities).
- Verbal notification is not sufficient.
- You will not receive a confirmation of receipt.
- The municipality then examines whether it wishes to take steps under planning law to prevent the removal. The lower building supervisory authority checks whether it needs to take steps under building regulations.
Digital submission
Digital submission of the notification of disposal is not yet possible throughout Bavaria. When selecting a location, the link to the online procedure is displayed, if it is already offered.
- The removal can be displayed digitally using the online assistant. The predefined "Notification of disposal" form is replaced by the queries in the online assistant. Signatures are replaced by authentication using the "BayernID" user account or "My company account".
- The attachments are uploaded to the online assistant in electronic form (files in PDF format). The notification is first sent to the lower building supervisory authority, which forwards it immediately to the responsible municipality.
Notes
In addition to the removal notification, you must notify the building supervisory authority of the start of the removal work one week before the start of the removal work using the form or the online construction start notification assistant. Please note that in some cases a qualified structural engineer must supervise the removal.
You may only remove monuments if you have obtained a corresponding permit under monument protection law. You must apply for this (independently of the removal notification) at the responsible lower monument protection authority.
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