Dig excavation without a building permit - is that possible?

When you finally decide to build and the planning is done, many would like to start immediately. However, you often have to wait for the building permit to be issued before you start. Whether or not you can dig out the excavation in such a case, and what consequences this may have, read here.

Basically, you can build anything without a building permit issued. That would mean a violation of the construction law. Even if you feel that you will get your building permit anyway, you should not commit any offense here. Mere "opinions" of experts or the architect are not an argument here.

Building permits can fail due to small things, in some cases you can not anticipate that in advance. In such a case you would then have built a black building (or an "unauthorized attack on the ground") and would have to expect corresponding fines. Depending on the size of the excavation, a few hundred euros in fine will be due.

Even if there are favorable weather or temporary offers or similar temptations, one should not give in to them.

Legally sound solution

In the Bavarian building code, for example, Article 70 provides for a legal possibility to be able to begin work prematurely on the excavation pit or on individual further components.

It is a so-called Teilbaugenehmigung. The prerequisite for such approval by the Building Authority is:

  • that a building application has already been submitted in full
  • that the project itself (ie the excavation pit) can be approved
  • if the permitability does not depend on the future use (this is the case for an excavation pit)

The Office then issues a written permit relating solely to the excavation of the excavation pit. The excavation is allowed and approved. When submitting the building application, you will receive a note on the acknowledgment that you can not explicitly start digging the excavation without a partial construction permit.

Situation in other federal states

Many other federal states have quite similar provisions in their country building regulations. The safest way to start prematurely is to apply for a partial construction permit.

Tips & Tricks

Apart from the fines, an excavation stop will be imposed by the building authority without a permit. In some cases this can be even more difficult if you have to stop work.

Video Board: Excavations in Construction/Trenching