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Description of the
The list of criteria covers various points that are relevant to the assessment of the structural stability of the planned project. For certain projects, the structural engineer may declare that all the points set out in the list of criteria have been met. In such cases, the otherwise required certification of the stability analysis by a structural stability expert, or the verification of stability by the local building control authority, a structural engineer or a testing body, is not necessary. However, the declaration confirming compliance with the list of criteria must be submitted.
The submission of the declaration confirming compliance with the list of criteria is not a separate procedure, but must always be carried out in conjunction with other procedures. Depending on the specific building project, it must be submitted either as part of the building application or as an annex to the notification of commencement of works.
However, it can be submitted online directly by the structural engineer to accompany digitally submitted planning applications and notifications of the start of works.
Prerequisites
Where buildings in building classes 1 to 3, as well as tanks, bridges, retaining walls, grandstands and other structures with a clear height of more than 10 metres that are not buildings, meet all the criteria set out in the criteria catalogue, there is no requirement for a certificate of structural stability issued by a structural stability inspector, nor for a structural stability assessment to be carried out by the local building control authority, a structural engineer or a testing body.
However, this requires the submission of a declaration confirming compliance with the list of criteria, issued by a qualified structural engineer – usually the person who prepared the structural stability analysis.
If the building project involves a special-purpose building, the declaration must be submitted at the same time as the planning application. Otherwise, it is sufficient to submit it with the notification of commencement of works.
Notwithstanding the above, however, it is not necessary to submit the declaration in the case of residential buildings in building classes 1 and 2, or single-storey above-ground buildings with clear spans of no more than 12 m and a floor area of no more than 1 600 m², which are not intended for habitation or are intended only for the temporary occupation of individual persons.
Costs
There are no additional costs involved in submitting the declaration regarding the list of criteria.
Legal basis
- Section 62a of the Bavarian Building Regulations (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)
Legal remedy
Submitting the list of criteria does not constitute an application. Consequently, no separate decision will be issued by the lower building control authority against which you could take action.
Further links
Procedure
Digital submission
It is not yet possible to submit the declaration of compliance with the criteria online throughout Bavaria. When a location is selected, the link to the online procedure will appear, provided that this service is already available.
- The structural engineer who prepared the structural stability analysis may submit the declaration of compliance with the criteria list digitally using the online wizard.
- The standard form ‘Declaration of Compliance with the Criteria’ is replaced by the questions in the online wizard.
- The signature is replaced by authentication via the ‘BayernID’ or ‘Mein Unternehmenskonto’ user account.
To enable the lower-level building control authority to link the submission to the digital building application or the digital notification of commencement of works, it is necessary to provide the reference number that was given to the applicant when the digital building application or the digital notification of commencement of works was submitted.
Notes
The declaration confirming compliance with the list of criteria is not a separate application; depending on the project, it must be submitted either with the planning application or with the notification of commencement of works.