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Description of the
The notification of commencement of use is not an application. You simply need to inform the lower-level building control authority of the forthcoming commencement of use.
The notification of commencement of use is intended to ensure that the lower-level building control authority still has sufficient time to verify that the conditions for occupancy are met, if necessary.
Consequences of non-disclosure
If you fail to give at least two weeks’ notice of commencement of use, whether intentionally or through negligence, you are committing an administrative offence. You may be liable to a fine of up to 500,000 EUR.
Prerequisites
You must notify the authorities of the commencement of use of a building if it was constructed either under a planning permission or as an exempt development. This also applies if the planning permission or exemption from planning permission merely involved a change of use, or if the planning permission is deemed to have been granted due to the application of the ‘deemed consent’ rule.
You do not need to submit a notice of commencement of use for projects not subject to formal procedures, or for projects that do not require planning permission because other authorisation procedures take precedence.
Deadlines
You must give notice of the commencement of use at least two weeks in advance.Required documents
Where applicable, Structural Stability Certificate II (see ‘Forms’ for the form)
Required only for buildings in building classes 4 and 5.
Where applicable, Fire Safety Certificate II (see ‘Forms’ for the form)
Only required for special structures, medium-sized and large car parks, and buildings in building class 5, unless the fire safety certificate has been verified by the building control authority.
Where applicable, fire safety certificate
Only if it has not been verified by the building control authority.
Where applicable, confirmation by an authorised certifying body that the construction work complies
with the fire safety certificate. Only required for buildings in building class 4, except for special structures and medium-sized and large car parks.Forms
Costs
noneLegal basis
- Section 78 of the Bavarian Building Regulations (BayBO)
- Section 16 of the Ordinance on Building Plans and Notifications to the Building Authorities (Ordinance on Building Plans – BauVorlV)
- Ordinance on the digital submission of building authority applications and notifications (Digital Building Application Ordinance - DBauV)
Legal remedy
As no decision is issued by the lower building supervisory authority, you cannot lodge an appeal.Further links
Procedure
Written submission
- Submit the completed and signed ‘Notification of Commencement of Use’ form, together with the required supporting documents, to the local 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 lower-level building control authority will then, where necessary, check whether the conditions for occupancy have been met.
Digital submission
It is not yet possible to submit a notification of commencement of use digitally throughout Bavaria. When you select a location, a link to the online procedure will appear, provided that this service is already available.
- The commencement of use can be notified digitally to the lower building control authority using the online wizard.
- The standard ‘Notification of Commencement of Use’ form is replaced by the questions in the online wizard.
- Signatures are replaced by authentication using the "BayernID" user account or "My company account".
- The attachments are uploaded in electronic form (PDF files) via the online wizard.