Service content
Description of the
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 can inspect this construction file. These are in particular the building owners. However, owners of neighbouring properties may also be involved. The inspection includes, in particular, licences issued and building plans of existing buildings. It can also be carried out by authorised representatives.
The file can be inspected either on the premises of the authority or by sending a copy.
Prerequisites
There is a right to inspect files if knowledge is required for the assertion or defence of 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. Neighbours also regularly have a right to inspect files. However, this does not apply if a neighbour 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, deed of sale)
Power of attorney from the property owner
(if applicable) Power of attorney from the property management company or the owners’ association (if applicable)Costs
Information from building files and photocopies of documents are subject to a fee.
Fees are charged in accordance with the Bavarian Cost Act and amount to 1 euro per file for inspection, subject to a minimum charge of 10 euros.Additional fees apply for photocopies.
Legal basis
- Art. 13 Bavarian Administrative Procedure Act (BayVwVfG)
- Art. 29 Bavarian Administrative Procedure Act (BayVwVfG)
- Art. 66 Bavarian Building Code (BayBO)
- Tariff no. 1.I.3 Ordinance on the Issuance of the Schedule of Costs under the Costs Act (Kostenverzeichnis - KVz)
- Art. 10 para. 2 sentence 1 Costs Act (KG)
Procedure
Access to the file 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 it is obvious, for example if the owner of the property has a legitimate interest.You can then inspect the file at the building regulations office on presentation of your identity card and proof of ownership and, if necessary, 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 authority's offices. However, it is also possible to send a copy of the building file.