Bauvorhaben; Beantragung einer Zustimmung im Einzelfall und/oder einer vorhabenbezogenen Bauartgenehmigung

Upon application, the Bavarian Ministry of Construction decides whether construction products and/or types of construction may be used in a construction project for which no general verification or proof of applicability exists or which deviate significantly from it.

If safety-relevant building products and components deviate from the introduced technical building regulations or if there are no technical regulations at all, the safety of the building must be proven in another way. If this cannot be done by means of general verification in accordance with Art. 17 in conjunction with Art. 18 and 19 of the Bavarian Building Code (BayBO), approval is required in individual cases (ZiE).

Safety-relevant types of construction that deviate significantly from the introduced technical building regulations or for which there are no generally recognized rules of technology also require a general type approval. If this is not available, a project-related type approval (vBg) is required.

• a detailed description of the construction product and/or type of construction applied for, including its intended use in the construction project
• General plans with complete colour coding of the places of use of the subject matter of the application in the construction project and, if necessary, detailed and construction plans.
• if approval in individual cases / project-related type approval has already been granted by the supreme building supervisory authority of another country: Copy of the approval in individual cases / project-related type approval
• if an application for a building authority approval (abZ), a general type approval (aBG) or a general building authority test certificate (abP) has been submitted: Copy of the application
• object-related expert opinion

  The applicant has to prove for the construction product and/or type of construction applied for that it/they is/are usable for the specific construction project in the sense of Art. 3 sentence 1 BayBO, i.e. that it/they does/do not pose a risk to public safety and order, in particular to life and health as well as to the natural basis of life. This requires an expert opinion from an expert person or body, e.g. a body recognised in the relevant field as a testing, monitoring or certification body or for issuing general building authority test certificates. Taking into account the specific installation situation, the expert opinion must comment - if necessary on the basis of examinations and tests - on the question of whether and, if so, under what conditions the construction product and/or type of construction applied for meets the requirements set for this construction project. In case of doubt, it is recommended to coordinate the selection of the expert with the Ministry of Construction.

The granting of approval in individual cases or the project-related type approval requires a conclusive and unambiguous description of the construction product or type of construction applied for as well as sufficient proof of usability or applicability.

A fee is charged for processing the application for approval in individual cases / project-related type approval, including the issuing of the decision, on the basis of the Costs Act, which is calculated taking into account the administrative costs incurred and the significance of the subject matter of the approval or authorization.

The schedule of costs under the Costs Act provides for a cost range of between EUR 30 and EUR 4,500.

The applicant is also liable for the costs. If the application was submitted on behalf of a principal, the principal is liable for the costs. This requires a declaration of assumption of costs (see above).

The application must be submitted informally or using the application form published on the website of the Bavarian Ministry of Construction. It can be sent either by email to ZiE@stmb.bayern.de or by post to the Bavarian Ministry of Construction.

Approval in individual cases / project-related type approval is issued in the form of a notice of approval or authorization. The decision is issued to the applicant; a copy is always sent to the client and the responsible lower building supervisory authority and, if necessary, to other parties involved in the construction project.

The processing time depends on the documents submitted. If all the required documents have been submitted, the approval / type approval is usually granted within a maximum of 4 weeks.

If building products typical of listed buildings are to be used in listed buildings within the meaning of the Monument Protection Act, the application must be submitted to the lower building supervisory authority responsible for the building project.