Building project; application for a building permit
Brief description
You generally need a building permit to erect, modify or change the use of a facility. Only in exceptional cases is planning permission not required.
Description
A building permit grants you the right to construct, modify or change the use of a facility for projects that require approval. It is a state declaration that the project does not conflict with public law, which must be examined in the building inspection procedure. However, this only applies at the time of the decision.
Projects not requiring approval
A project is not subject to approval if it does not require a procedure or is exempt from approval. Procedurally exempt projects are those that have little relevance under building law. Projects that are not special buildings and comply with a qualified development plan, as well as the conversion of attics for residential purposes, may be exempt from approval (see "Related services" below). However, this depends on the municipality. If the local authority wishes an approval procedure to be carried out, the building project is not exempt from approval.
If the project does not require approval, you do not need to apply for planning permission. You would not be granted such a permit.
Consequences of not having the required building permit
If you erect or modify a facility or change its use without the required building permit, the responsible lower building supervisory authority can intervene and take appropriate measures. This can go as far as ordering the removal of the facility.
Special information for - District of Bad Tölz WolfratshausenPlease give priority to the online services accessible via the buttons above.
- Building application online.
- Apply for a partial building permit online.
- Building application online - Submit missing information and documents online.
You will also find the following pages under further links:
- Bavarian Renewable Energies Procedure Manual.
- Building application procedure.
In the Forms section you will find the "FAQ on the digital planning application procedure" with numerous questions + answers.
Prerequisites
The building permit applied for will only be granted if the project is subject to approval. Furthermore, the project must not conflict with any public law regulations.
Deadlines
noneRequired documents
Current extract from the land register
Site plan, if applicable
Not required if the application is only for the modification of structural installations where the exterior walls and roofs and the use are not changed.
Construction drawings
If applicable, declaration of compliance with the list of criteria (see "Forms" for form)
Only for special buildings, if the structural engineer makes such a declaration.
If the building application is submitted digitally, the structural engineer can also submit the declaration digitally using the online assistant (see service "Building project; online submission of the declaration of compliance with the criteria catalog" under "Related topics").
Fire protection certificate, if applicable
Only required if it is checked by the building authorities and is not already included in the other building documents.
Proof of stability, if applicable
Only for special buildings, if the stability is checked by the building authorities.
Information required, if applicable, on the secured development with regard to the supply of water and energy and the disposal of waste water and traffic-related development
Only required if the building project cannot be connected to a public water or energy supply or to a public waste water disposal system. Also required if the building project is not sufficiently close to a public traffic area.
If applicable, calculation of the permitted and planned extent of building use
Only required within the scope of a development plan that contains provisions on this.
If applicable, consent to the adoption of spacing (see "Forms" for form)
If applicable, applications for deviation
If applicable, further documents
Depending on the building project, further documents may be required, for example a tree inventory declaration. However, this is only required if requested by the municipality.Forms
- 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
- Declaration of compliance with the list of criteria
- 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 building description for the building application
Annex 2 Building description for the building application
- LRA Declaration of compliance with the list of criteria in accordance with Annex 2 of the BauVorlV
- 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
- LRA to Annex 1a Explanatory notes on the "Declaration of compliance with the list of criteria in accordance with Annex 2 of the BauVorlV
to Annex 1a Explanatory notes on the "Declaration of compliance with the list of criteria in accordance with Annex 2 of the BauVorlV
- Consent to the adoption of spacing areas
Costs
The fees for a building permit amount to between 1 per thousand and 4 per thousand of the building costs, depending on the type of building project and the type of approval procedure. You must also pay fees if your building application is rejected or withdrawn. In this case, however, the fees are reduced.
If planning permission is granted for a change of use of structural facilities, the fee is between EUR 40 and EUR 5,000, depending on the administrative costs incurred.
Legal basis
- Art. 55 Bavarian Building Regulations (BayBO)
Principle of the approval requirement
- Art. 61 Bavarian Building Regulations (BayBO)
Authorization to submit building plans
- Art. 62 Bavarian Building Regulations (BayBO)
Structural verification
- Art. 64 Bavarian Building Regulations (BayBO)
Building application, building documents
- Art. 68 Bavarian Building Regulations (BayBO)
Building permit and start of construction
- 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)
- Art. 55 Bavarian Building Regulations (BayBO)
Legal remedy
If you do not receive the building permit you applied for, you can file an administrative appeal. This must be aimed at obtaining the requested building permit.
An objection is not possible.
Further links
- 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
- Building projects not subject to procedures
- Building application procedure
Procedure
Written submission
First of all, please note that in the case of building applications for the construction and alteration of buildings, the building documents must be prepared by an authorized draftsman (architect, civil engineer; for smaller construction projects, especially detached and semi-detached houses, also master craftsmen in the building and carpentry trades and state-certified technicians in the field of construction engineering).
- 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.
- Then submit the building application with the required documents to the responsible lower building supervisory authority (district offices, independent cities, large district towns and certain larger municipalities).
- Submit the building application in triplicate using the forms provided. If the lower building supervisory authority is also the municipality, two copies are sufficient.
- An oral application is not possible.
- The application must be signed by the client and the authorized designer.
- 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 building application or without whose opinion the approvability of the building application cannot be assessed (e.g. the lower immission control authority, the lower water authority or the road traffic authority).
Digital submission
Digital submission of building applications is not yet possible throughout Bavaria. When selecting a location, the link to the online procedure will be displayed if it is already available.
- After involving the neighbors, the building 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 of the client and the authorized designer are replaced by authentication using the "BayernID" or "My company account" user account.
- In particular, the (large-format) construction drawings do not need to be signed. They can therefore be generated as a file directly in the CAD system of the design author.
- In the case of building applications for which the building documents must be prepared by an authorized draftsman, the latter must authenticate himself and submit the building application on behalf of the client.
Notes
Under no circumstances should you start work on a project that requires approval without having applied for and obtained the necessary building permit.
Processing time
The processing time depends on the scope and complexity of the application, the number of agencies involved and the current workload of the authority.Related services
- Building project; submission of documents for exemption from approval
- Excavation; application for an excavation permit
- Building project; application for an isolated exception to the development plan
- Building project; application for a partial building permit
- Building project; application for a preliminary permit
- Construction project without procedure; information
- Building project; online submission of the criteria catalog
- Building project; application for extension of a building permit or preliminary decision
- Building project; application for an isolated exemption from the development plan
- Excavation; submission of documents for excavation without a permit
- Construction project; notification of the start of construction
- Building project; notification of commencement of use
- 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