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Description of the
The notification of removal is not an application. You only need to inform the relevant authorities of the impending removal.
Only the complete removal of an installation must be notified. The partial removal of an installation is a modification of an installation and may require a building permit.
The notification of removal should give the lower building supervisory authority and the local authority sufficient time to check whether measures need to be ordered before removal. If necessary, a qualified structural engineer must supervise the removal.
Consequences of non-disclosure
If you deliberately or negligently fail to report the removal of the system one month before the removal, you are committing an administrative offence. You can be fined up to EUR 500,000 for this offence.
Prerequisites
You only have to report the removal of an installation if there is an obligation to do so.
There is no such obligation for installations whose construction is exempt from procedures. There is also no obligation for free-standing buildings in building classes 1 and 3 and for other installations that are not buildings with a maximum height of 10 metres.
Deadlines
You must give notice of the removal at least one month before starting the removal work.Required documents
Stability Assessment
If you wish to demolish a building that is not free-standing, a qualified structural engineer must assess and demonstrate, to the extent required, that the building or buildings to which the building to be demolished is attached remain structurally stable during and after demolition. This does not apply if the building to be demolished is attached to a building that is exempt from the procedure.Forms
Costs
noneLegal basis
- Art. 57 Bavarian Building Code (BayBO)
Construction projects not subject to procedure, removal of installations
- Ordinance on the digital submission of building authority applications and notifications (Digital Building Application Ordinance - DBauV)
- Art. 57 Bavarian Building Code (BayBO)
Legal remedy
As no decision is issued by the municipality and the lower building supervisory authority, you cannot lodge an appeal.Further links
Procedure
Written submission
- Please submit the completed ‘Notification of Removal’ form in writing to the relevant local authority and to the relevant building control authority (district offices, independent cities, major district towns and certain larger municipalities).
- Verbal notification is not sufficient.
- You will not receive a confirmation of receipt.
- The municipality then examines whether it wishes to take steps under planning law to prevent the removal. The lower building supervisory authority checks whether it needs to take steps under building regulations.
Digital submission
Digital submission of the notification of disposal is not yet possible throughout Bavaria. When a location is selected, the link to the online procedure is displayed if it is already offered.
- The elimination can be displayed digitally using the online assistant. The predefined "Notification of disposal" form is replaced by the queries in the online assistant. Signatures are replaced by authentication using the "BayernID" user account or "My company account".
- The supporting documents are uploaded in electronic form (PDF files) via the online wizard. The application is first sent to the lower-level building control authority, which forwards it immediately to the relevant local authority.
Notes
In addition to the removal notification, you must notify the building supervisory authority of the start of the removal work one week before the start of the removal work using the form or the online construction start notification assistant. Please note that in some cases a qualified structural engineer must supervise the removal.
You may only remove architectural monuments if you have obtained a corresponding authorisation under monument protection law. You must apply for this (independently of the removal notification) at the responsible lower monument protection authority.