Building permit application

Building Permit Application - A building permit application is a formal request submitted by a building owner to the competent building authority to grant a building permit for a specific construction project. It marks the start of the public-law approval process and is required by law in Bavaria for most new construction, renovation, and change-of-use projects (Art. 55 et seq. BayBO).

Documents and Procedure

A complete building application comprises a comprehensive set of construction documents. These include:

• Construction drawings: floor plans, sections, and elevations on a scale of 1:100
• Official site plan: representation of the property, the planned development, and the setback areas (prepared by a publicly appointed surveyor)
• Building specifications: Details regarding construction, materials, and technical equipment
• Structural stability certificate (structural analysis) - in Bavaria, to be reviewed by an inspector recognized by the building authority, depending on the project
• Thermal insulation certificate: Mandatory for new buildings under the GEG
• Sound insulation certificate: Required for certain projects (e.g., residential construction in noise protection zones)
• Drainage plan: For connection to the public sewer system
• Fire safety concept: Required for larger buildings in building classes 4 and 5

The building documents must be prepared and signed by a design professional authorized to submit building documents. In Bavaria, these are generally architects or civil engineers who are duly registered with the Bavarian Chamber of Architects or the Bavarian Chamber of Civil Engineers.

Approval Procedures in Bavaria

There are two main approval procedures in Bavaria:

Procedure	Legal Basis	Scope of Review	Typical Applications
Simplified Procedure	Art. 59 BayBO	Planning law, setback distances, setback regulations	Single-family and two-family homes, residential buildings ≤ Building Class 3
Regular Procedure	Art. 60 BayBO	Comprehensive review of all BayBO requirements	Larger buildings, special structures, Building Classes 4 and 5
Exemption from Approval	Art. 58 BayBO	No review by authorities	Residential buildings ≤ Building Class 3 in a development plan area under strict conditions
No procedure required	Art. 57 BayBO	No procedure necessary	Garages ≤ 50 m², certain outbuildings

The simplified procedure is the standard for single-family and multi-family homes in building classes 1-3. The regular procedure applies to special structures (schools, hospitals, retail spaces with 800 m² or more of usable floor area) and buildings in classes 4 and 5.

Processing Time and Costs

In Bavaria, the statutory processing period is generally three months from receipt of the complete building application (Art. 68(1) BayBO). In practice, the actual processing time varies depending on the complexity of the project and the workload of the authority. Incomplete documentation leads to requests for additional information and resets the three-month deadline.

Typical costs for a single-family home (construction costs €450,000):

Cost Type	Amount
Building Authority Approval Fee	€1,500-2,500
Official site plan	€400-800
Structural analysis (if external)	€2,000-5,000
Architect’s fee (Phases 1-4, HOAI)	€18,000-30,000
Thermal insulation certificate (energy consultant)	€800-1,500
Total planning costs	approx. €23,000-40,000

Preliminary Building Inquiry Before the Building Application

Before submitting a complete building application, we generally recommend a preliminary building inquiry (Art. 71 BayBO). This clarifies fundamental issues regarding planning law and building regulations in a binding manner before the full planning effort is undertaken. The preliminary building inquiry is subject to a fee (approx. €100-500 depending on scope), but offers significant planning certainty.

The preliminary inquiry is particularly recommended for:

• Development within the scope of § 34 BauGB (unplanned inner area) - issue of integration
• Projects in outer areas (§ 35 BauGB)
• Unclear building code assessment due to the historical property situation
• Deviations from the zoning plan for which an exemption must be applied for

Practical Tip for Nuremberg and Franconia

In Nuremberg, the building application is submitted to the Building Regulations Office of the City of Nuremberg (Bauhof 2, 90402 Nuremberg) - Office 603 is responsible for urban areas. The district offices of Fürth, Erlangen-Höchstadt, and Nürnberger Land are responsible for the surrounding areas. We recommend submitting the documents in full and in digital format, as missing documents are the most common cause of procedural delays.

Especially in densely developed neighborhoods such as Gostenhof, Maxfeld, or Wöhrd, it is worthwhile to coordinate with the authorities early on-informal preliminary discussions (at no cost) can prevent many subsequent additional requirements. Realistically factor the approval time (2-4 months in Nuremberg) into your project schedule and begin the construction planning in parallel with the application submission.

Frequently Asked Questions

Do I need a building permit for every construction project?

No. In Bavaria, certain projects are exempt from approval under Art. 57 BayBO - these include, among others, garages and carports with a floor area of up to 50 m² (except for special structures or in areas subject to historic preservation), certain outbuildings with a volume of up to 75 m³ for permitted uses, fences up to 2 meters high in certain areas, and solar systems on existing roofs under a simplified procedure. The exemption procedure under Art. 58 BayBO allows construction to begin without formal approval under certain, narrowly defined conditions-the responsibility then lies with the building owner and the designer. In case of doubt, we always recommend consulting the competent building authority before construction begins.

What happens if I build without a building permit?

Anyone who builds without the required building permit is committing unauthorized construction in the legal sense. The building authority may order a halt to construction (Art. 75 BayBO), prohibit use, and, in the worst case, order the demolition of the illegally erected structure (Art. 76 BayBO)-at the builder’s expense. In addition, fines of up to 500,000 euros may be imposed under Art. 79 BayBO. Although retroactive approval (legalization) is possible, it is not guaranteed and involves significant additional costs-especially if parts of the structure already do not comply with current regulations.

How long does it take from the building application to the start of construction?

In Nuremberg, experience shows that it takes two to four months from the submission of a complete building application to approval under the simplified procedure-longer for special structures or more complex projects. Once the building permit has been issued, construction can generally begin immediately, provided that the start of construction is properly notified to the building authority (notification of commencement of construction, Art. 68(5) BayBO). The building permit is valid for three years in Bavaria (Art. 69 BayBO)-if construction does not begin within this period, it expires. We recommend keeping an eye on this deadline and applying for an extension if necessary.

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