Bauvorhaben; Beantragung einer Teilbaugenehmigung

You can apply for a partial building permit if you have submitted a building application but have not yet received a building permit. This allows you to obtain permits for individual construction phases in advance.

You may only start work on your building project once planning permission has been granted. This can take longer, especially for larger projects. With a partial building permit, you can start individual sections of the building project in advance. However, this only applies to the section for which you have received partial building permission.

The part of your building project that is already covered by the partial building permit is no longer decided as part of the building permit.

• Construction drawings
• Building description (form see under "Forms")
• Cost calculation

  For fee purposes, you must provide the estimated construction costs of the partial construction measures.

• Building specification

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

The partial building permit applied for will only be granted if the project is subject to approval. 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 building project is generally 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 approval procedure. The fee is offset against the subsequent building permit fee.

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 authorized draftsman (architect, civil engineer; for smaller building projects, especially detached and semi-detached houses, also master craftsmen in the building and carpentry trades and state-certified technicians in the field of construction technology). This also applies to the building documents for the application for partial building permission.

• 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. An oral application is not possible.
• The application must be signed by the building owner and the authorized 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 approvability of the building application 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 partial building permission 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 authorized designer are replaced by authentication using the "BayernID" user account or "My company account".
• In the case of applications for partial building permits where the building documents must be prepared by an authorized 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 basically approvable. In individual cases, however, you may not receive the building permit you applied for at a later date.

If you do not receive the partial building permit you have applied for, you can take legal action in an administrative court. This must 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.