Building project; application for a partial building permit

You must first submit a building application. Only then can you apply for partial planning permission for part of the project.

The partial building permit applied for is only granted if the project is subject to authorisation. Furthermore, the part of the project must not conflict with any public law regulations and the lower building supervisory authority must determine that the overall construction project is fundamentally permissible. The granting of the partial building permit is at the discretion of the lower building supervisory authority.

The fees for a partial building permit amount to between 1 per thousand and 4 per thousand of the construction costs, depending on the type of construction project and the type of authorisation procedure. The fee is offset against the subsequent building permit fee.

• 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

• Art. 70 Bavarian Building Code (BayBO)
• 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)

If you do not receive the partial building permit you have applied for, you can file an administrative appeal. This should be directed at the granting of the partial building permit applied for. However, it is at the discretion of the lower building supervisory authority to grant the partial building permit. In principle, you do not have a legal claim to the granting of a partial building permit even if there are no public law regulations that conflict with the part of the project for which the partial building permit is being applied for.

An objection is not possible.

Written submission

First of all, please note that in the case of building applications for the construction and alteration of buildings, the building documents must be prepared by an authorised draftsman (architect, civil engineer; in the case of smaller building projects, especially detached and semi-detached houses, also master craftsmen in the building and carpentry trades and state-certified technicians specialising in construction technology). This also applies to the building documents for the application for partial building authorisation.

• After submitting your building application, submit the partial building application with the required documents in writing to the lower building supervisory authority (district offices, independent cities, large district towns and certain larger municipalities) in whose area the building plot is located.
• A specific form is not required. A verbal 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.
• Before making a decision, the lower building supervisory authority must involve the authorities whose involvement or consultation is required by law for the decision on the building application or without whose opinion the suitability of the building application for approval cannot be assessed (e.g. the lower immission control authority, the lower water authority or the road traffic authority). However, this only applies if these authorities have not already commented on the overall building application. The municipal consent must already be obtained before the partial building permit is issued if it is required under building planning law.

Digital submission

Digital submission of applications for partial building permits is not yet possible throughout Bavaria. When selecting a location, the link to the online procedure is displayed if it is already offered.

• The application for a partial building permit can be submitted digitally to the lower building supervisory authority using the online assistant.
• The building documents are uploaded to the online assistant in electronic form (files in PDF format). The signatures of the client and the authorised designer are replaced by authentication using the "BayernID" or "My company account" user account.
• In the case of applications for partial building permits where the building documents must be prepared by an authorised designer, the latter must authenticate himself and submit the application on behalf of the client.

A partial building permit can be particularly useful for excavating a building pit, laying the foundations and constructing the basement. A granted partial building permit also contains the statement that the overall project is generally eligible for approval. In individual cases, however, you may not receive the building permit you applied for at a later date.