Excavation; submission of documents for excavation without authorisation

Under the following conditions, it is sufficient for an excavation procedure to submit the documents required for an excavation application, without the need for an excavation permit:

• The project falls within the scope of a local development plan which sets out provisions regarding the permissibility, location and size of the excavation,
• An environmental impact assessment was carried out as part of the procedure for drawing up the local development plan for an excavation project subject to an environmental impact assessment,
• the excavation does not contravene the provisions of the local development plan or local building regulations, and
• Access has been secured.

However, the local authority may apply to the lower excavation authority for a provisional prohibition under Section 15(1), second sentence, of the Building Code (BauGB).

There are generally no deadlines.

However, if you wish to commence work more than four years after the excavation has been authorised, you must resubmit the necessary documents.

(M 1 : 1,000 or 1 : 5,000)

Depending on the excavation application submitted, further documentation may be required. This is particularly the case if an environmental impact assessment is to be carried out.

• Building specifications for the planning application form
• Planning application forms (all)

  The building application forms officially published by the Bavarian State Ministry for Housing, Construction and Transport can be downloaded individually or as a ZIP file. You also have access to guidance on specific building application forms.

• Section 6 of the Bavarian Excavation Act (BayAbgrG)
• 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 the local authority applies for a provisional ban, you cannot lodge an appeal against it, as this is a purely internal administrative matter. You may, however, challenge the decision of the lower excavation authority regarding the provisional ban before the Administrative Court.

• Exemption from authorisation
• Structural verification

Written submission

• Please submit the required documents to the local authority in whose area the site to be excavated is located.
• The documents must be the same as those required for an excavation application, including the excavation plan, and must be submitted in triplicate using the prescribed forms.
• You must notify the neighbours of the site where the excavation is to take place of the excavation project no later than when you submit the documents to the local authority. It is preferable to involve the neighbours at an earlier stage by submitting the excavation plan to them for their approval.
• The local authority may require a planning permission procedure to be carried out within one month of the documents being submitted. This means that the documents will automatically be processed as a planning application, provided you have indicated this on the planning application form. The lower building control authority is responsible for assessing the building application and making a decision on it.
• The local authority can only oppose your project by applying, within one month of the submission of the documents, for a provisional prohibition on carrying out the excavation. The lower-level excavation authority must then decide on such an application.
• If, however, the local authority does not apply for a provisional ban on the excavation within one month, or if it states that it will not be applying for a provisional ban, the project is exempt from the need for planning permission.

Digital submission

It is not yet possible to submit documents digitally for excavation work not requiring a permit throughout Bavaria. When you select a location, a link to the online procedure will appear, provided it is already available.

• The documents can be submitted digitally using the online wizard. The standard forms are replaced by the questions in the online wizard.
• The excavation plan is uploaded in electronic form (PDF files) via the online wizard. Signatures are replaced by authentication via a ‘BayernID’ or ‘Mein Unternehmenskonto’ user account.
• The documents are first sent to the lower-level excavation authority, which forwards them immediately to the relevant local authority. The one-month period, after which the project is exempt from planning permission, begins upon submission of the digital documents.

Provided that your excavation project does not require a permit, you are responsible for ensuring that the conditions for exemption from the permit requirement are met and that the relevant public law regulations are complied with.

Please note that you must notify the relevant excavation authority of the start of excavation work at least one week in advance.

If the local authority does not apply for a provisional ban within one month of the required documents being submitted, you may commence work.