Service content
Description of the
A planning permission grants you the right, in the case of projects requiring planning permission, to construct a building, alter it or change its use. It is a declaration by the state that the project does not contravene public law, which is to be assessed during the planning permission process. However, this applies only at the time the decision is made.
Projects not subject to planning permission
A project is not subject to planning permission if it is exempt from the planning process or is exempt from planning permission. Projects that are of minor relevance under planning law are exempt from the planning process. Projects that are not classified as special structures and comply with a qualified local development plan, as well as the conversion of attics for residential purposes (see ‘Related Services’ below), may be exempt from planning permission. However, this depends on the local authority. If the local authority requires a planning permission procedure to be carried out, the building project is not exempt from planning permission.
If the project does not require planning permission, you do not need to apply for a planning permission. In any case, such permission would not be granted.
Consequences of not having the necessary planning permission
If you erect or alter a structure, or change its use, without the necessary planning permission, the relevant local building control authority may take action against this and implement appropriate measures. This may go as far as ordering the removal of the structure.
Prerequisites
The planning permission applied for will only be granted if the project is subject to planning permission. Furthermore, the project must not contravene any provisions of public law.
Deadlines
noneRequired documents
Current extract
from the land register; site plan
where applicable. Not required if the application relates solely to alterations to building structures where the external walls, roofs and use remain unchanged.
Construction drawings
where applicable, a declaration of compliance with the criteria list (see ‘Forms’ for the form)
Only in the case of special structures, provided that the structural engineer issues such a statement.
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 catalogue" under "Related topics").
Where applicable, fire safety certificate
Only required if it is subject to building control checks and is not already included in the other building documents.
Where applicable, structural stability certificate
Only for special structures, provided that the structural stability is subject to building control checks.
Where applicable, details regarding secured services in respect of 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 scope of 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, applications for exemptions
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
- Declaration of fulfilment of the criteria catalogue
- 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 planning permission vary between 1 per thousand and 4 per thousand of the construction costs, depending on the type of building project and the type of planning permission procedure. You must pay the fees even if your planning application is refused or withdrawn. In this case, however, the fees are reduced.
If planning permission is granted for a change of use of a building, the fee ranges from 40 to 5,000 EUR, depending on the administrative costs incurred.
Legal basis
- Art. 55 Bavarian Building Code (BayBO)
Principle of the authorisation requirement
- Art. 61 Bavarian Building Code (BayBO)
Authorisation to submit building plans
- Art. 62 Bavarian Building Code (BayBO)
Structural verification
- Art. 64 Bavarian Building Code (BayBO)
Building application, building documents
- Section 68 of the Bavarian Building Regulations (BayBO)
Planning permission 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 Code (BayBO)
Legal remedy
If you do not receive the planning permission you have applied for, you may bring an action before the administrative court. This action must seek the granting of the planning permission you have applied for.
An objection is not possible.
Further links
Procedure
Written submission
Please note, first of all, that for planning applications relating to the construction and alteration of buildings, the planning documents must be drawn up by a qualified designer (architect, civil engineer; for smaller building projects, in particular single-family and two-family houses, also master craftsmen in the building and carpentry trades and state-certified technicians specialising in building technology) must be drawn up.
- 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.
- You should then submit the planning application, 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 planning application in triplicate, using the prescribed forms. If the lower-level building control authority is also the local authority, two copies will suffice.
- An oral application is not possible.
- The application must be signed by the client and the authorised designer.
- 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 planning application, or without whose comments the eligibility of the planning application for approval cannot be assessed (for example, the lower environmental protection authority, the lower water authority or the road traffic authority).
Digital submission
It is not yet possible to submit planning applications digitally throughout Bavaria. When you select a location, a link to the online procedure will appear, provided it is already available.
- Once the neighbours have been consulted, the planning 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 of the client and the designer authorised to submit building plans are replaced by authentication via a ‘BayernID’ or ‘Mein Unternehmenskonto’ user account.
- In particular, even the (large-format) construction drawings do not need to be signed. They can therefore be generated directly as files within the designer’s CAD system.
- In the case of planning applications where the planning documents must be drawn up by a designer authorised to prepare such documents, that designer must provide proof of identity and submit the planning application on behalf of the client.
Notes
Under no circumstances should you commence work on a project requiring planning permission without having applied for and been granted the necessary planning permission.
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.