Building files; request for inspection
Brief description
Building files from ongoing building supervisory procedures or completed (archived) procedural files can be inspected by persons authorized to receive information.Description
A building file includes all documents and drawings (in particular the building permit, the approved building plans, area calculations, building description, statics, etc.) that have been created in connection with a building project.Parties involved in the building inspection procedure may inspect this construction file. These are in particular the building owners. However, owners of neighboring properties may also be involved. The inspection includes, in particular, permits issued and construction plans of existing buildings. It can also be carried out by authorized representatives.
The files can be inspected either on the premises of the authority or by sending a copy.
Special information for - District of Bad Tölz WolfratshausenUnder Forms you will find the "Application for inspection of files" and under the further links you will find the reference to our topic page "Building application procedure".
Prerequisites
There is a right to inspect files if knowledge is required to assert or defend legal interests. Parts of the file that are not of legal interest are not included in the inspection of files.The building owner regularly has a legal interest. Neighbors also regularly have a right to inspect files. However, this does not apply if a neighbor has given their consent to a building project.
Once a building permit procedure has been completed, there is no longer any right to inspect the files. However, the responsible lower building supervisory authority (district office, independent city, large district town, delegation municipality) can grant access to the files if there is a legitimate interest. Such a legitimate interest may exist, for example, in the case of a potential buyer of a property who wants to find out about the building permit situation.
Required documents
Identity card
Proof of ownership (e.g. extract from the land register, purchase contract)
Power of attorney from the property owner, if applicable
Power of attorney from the property management company or homeowners' association, if applicableForms
Special information for - District of Bad Tölz WolfratshausenCosts
Information from the building files and copies from the files are subject to a fee.
The fees are charged in accordance with the Bavarian Cost Law and amount to 1 euro per file, but at least 10 euros.Additional fees apply for photocopies.
Legal basis
- Art. 10 para. 2 sentence 1 Costs Act (KG)
- Art. 13 Bavarian Administrative Procedure Act (BayVwVfG)
- Art. 29 Bavarian Administrative Procedure Act (BayVwVfG)
- Art. 66 Bavarian Building Regulations (BayBO)
- Tariff no. 1.I.3 Ordinance on the Enactment of the Schedule of Costs under the Costs Act (Kostenverzeichnis - KVz)
Further links
Special information for - District of Bad Tölz Wolfratshausen- Building application procedure
Information on the application procedure, documents, etc.
- Building application procedure
Procedure
The inspection of files must be requested from the responsible lower building supervisory authority (district office, independent city, large district town, delegation municipality). There are no formal requirements. In the application, you must state what your legitimate interest in accessing the files is. The legitimate interest does not have to be stated if this is obvious, for example, in the case of the owner of the property.You can then inspect the file at the building regulations office on presentation of your identity card and proof of ownership and, if applicable, a power of attorney from the owner. This is done at the responsible lower building supervisory authority (district office, independent city, large district town, delegation municipality) and usually in the offices of the authority. However, it is also possible to send a copy of the building file.