Service content
Description of the
You can apply for a preliminary decision on specific aspects of your building project. You must submit this application before applying for planning permission. A preliminary decision can only relate to matters that will also be covered in the subsequent planning permission process.
The preliminary decision forms part of the planning permission itself. When making its subsequent decision on the planning permission, the lower-level building control authority is bound by the preliminary decision insofar as it sets out provisions relating to the project.
Prerequisites
The preliminary decision you have applied for will only be granted if your project is subject to planning permission. Furthermore, the project must not be contrary to any public law regulations.
A preliminary decision may only be issued in respect of specific aspects of the building project. It cannot, for example, be issued to confirm compliance with all public-law regulations.
Deadlines
There are no deadlines to be observed.
The preliminary decision is valid for four years, unless a shorter period is specified. The period may be extended by up to four years at a time, provided the developer submits a written application before the preliminary decision expires.
Required documents
Current extract
from the land register Site plan
(if applicable) Not required if the application relates solely to alterations to building structures where the external walls, roofs and use of the building remain unchanged.
Construction drawings
Building specifications (see ‘Forms’ for the form)
Where applicable, details of the secured infrastructure regarding water and energy supply, as well as wastewater disposal and transport links
Only required if the building project cannot be connected to a public water or energy supply or to a public wastewater disposal system. Also required if the building project does not border a public traffic area to a sufficient extent.
Where applicable, a calculation of the permissible and planned extent of building use
Only required within the area covered by a local development plan that contains provisions on this matter.
Where applicable, consent to the adoption of setback distances (see ‘Forms’ for the form)
Where applicable, further documents
Depending on the building project, further documents may be required, such as a tree inventory declaration. However, this is only required if the local authority so requests.Forms
- Building application form
- Building specifications for the planning application form
- Consent to the transfer of the setback area
- Planning application forms (all)
The building application forms officially published by the Bavarian State Ministry for Housing, Construction and Transport can be downloaded individually or as a ZIP file. You also have access to guidance on specific building application forms.
Costs
The fees for a preliminary decision range from 40 to 2,500 EUR, depending on the administrative costs incurred.
Up to half of the fees may be credited towards a future planning permission application.
Legal basis
- Art. 71 Bavarian Building Code (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)
- Art. 71 Bavarian Building Code (BayBO)
Legal remedy
If you do not receive the preliminary decision you have applied for, you may bring an action before the administrative court. This action must be directed at securing the preliminary decision you have applied for.
An objection is not possible.
Further links
Procedure
Written submission
- If you have any questions regarding the permissibility of your project, please contact the local authority responsible for the area in which the building plot is situated, if necessary, even before submitting your application.
- Involve your neighbours by submitting the site plan and building plans to them for their approval. Any approval must be given in writing. The building control authority may (in exceptional cases) waive the requirement for neighbour consultation in the case of applications for a preliminary decision, if you request this.
- You should then submit the application for a preliminary decision, together with the required documents, to the relevant local building control authority (district offices, independent cities, major district towns and certain larger municipalities).
- Please submit the application in triplicate, using the prescribed forms. If the lower-level building control authority is also the local authority, two copies will suffice.
- The application must be made in writing; it is not possible to apply verbally.
- The lower building supervisory authority examines the application and decides on it.
- Where the lower building control authority is not itself a local authority, it shall involve the local authority in the decision regarding the local authority’s consent.
- Before taking a decision, the lower building control authority must involve those bodies whose participation or consultation is required by law for the decision on the application for a preliminary decision, or without whose comments the admissibility of the planning application cannot be assessed (for example, the lower environmental protection authority, the lower water authority or the road traffic authority). In the case of applications for a preliminary decision, this depends on the question raised.
Digital submission
It is not yet possible to submit applications for a preliminary decision online throughout Bavaria. When you select a location, the link to the online procedure will appear, provided it is already available.
- Once the neighbours have been consulted, the application can be submitted digitally using the online wizard.
- The standard building application and building specification forms are replaced by the questions in the online wizard.
- The building application documents are uploaded in electronic form (PDF files) via the online wizard.
- The signatures are replaced by authentication using the "BayernID" user account or "My company account".
Notes
A preliminary decision is useful, for example, for clarifying whether a project is permissible under town and country planning law.Processing time
The processing time depends on the scope and complexity of the application, the number of agencies involved and the current capacity utilisation of the authority.