Before submitting a building application, a preliminary building inquiry can be used to request a written decision on individual questions relating to the building project (preliminary building decision). As an anticipated part of the building permit, a positive preliminary building decision has a binding effect on the subsequent building permit procedure.

A preliminary building application is generally advisable if it is unclear whether a plot of land is even buildable under the applicable building planning law. A preliminary building application can save financial expenses, as not all of the building documents required for a building permit are necessary. In addition, the preliminary building permit provides certainty about the buildability of a plot of land at an early stage.

The application for a preliminary building permit must be submitted to the lower building supervisory authority. It must be accompanied by the documents required to assess the issues to be decided.

The preliminary building permit is valid for four years, unless a shorter period is specified. This period can be extended upon request, which must be received before the deadline expires.

Before submitting the building application, the builder may request a decision (preliminary building decision) regarding specific aspects of the project. For projects for which a simplified approval procedure under § 66 LBauO can be carried out, the preliminary building decision is limited to matters that must be reviewed under § 66(4) LBauO, as well as to the admissibility of deviations under § 69 LBauO (§ 72 LBauO). The construction documents must be prepared by designers who possess sufficient expertise and experience.

The preliminary building application must be submitted by the building owner to the building authority. The building authority shall forward the building application to the municipal administration without delay and, if necessary, request the municipality’s consent or approval in accordance with the Building Code; the municipality shall then issue its opinion on the project without delay.

An objection, followed by a lawsuit under the Administrative Court Rules (VwGO).

The application for a preliminary building permit must be accompanied by the construction documents necessary for assessing the issues to be decided (Section 9 of the State Ordinance on Construction Documents and Structural Engineering Review).

It may be permitted for individual construction documents to be submitted at a later date.

Fees are charged for the preliminary building permit in accordance with the state ordinance on fees and remuneration for official acts and services under building regulations (special fee schedule).