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Building project; application for an isolated deviation from other building regulations

If your project, which does not require a procedure or approval, contradicts other building regulations, you can apply for a deviation.

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For contact details of the responsible authoritiy and local valid information select under "Select location" a location.
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Procedure details

Other building regulation law" refers to building regulation law with the exception of local building regulations. The reason for this distinction is the different responsibilities.

Under certain conditions, you can apply for a deviation from other building regulations for your project. A deviation from other building regulations is usually dealt with together with a building application. However, a deviation from other building regulations can also be applied for for projects that do not require a procedure or approval. In this case, an isolated decision on the deviation is issued.

Even if a deviation from other building regulations is approved for your project, it must still comply with the remaining public law requirements.

The deviation from other building regulations is an intended discretionary decision. If the requirements for the deviation are met, it is usually granted, but it can also be refused in special cases.

You can apply for an isolated deviation from other building regulations if

  • your project is exempt from procedures or does not require approval and
  • the deviations are compatible with the public interests, taking into account the purpose of the respective local building regulation and considering both legally defined overriding public interests and neighboring interests protected under public law.

  • current cadastral map extract
  • Site plan

    (M 1 : 1,000 or 1 : 5,000)

  • Construction drawings
  • if necessary, further documents
    Where necessary for the decision on the isolated variance.

Written submission

  • Submit the application for isolated deviation from other building regulations to the responsible lower building supervisory authority.
  • Also submit a justification and the required documents. The documents required are those that the lower building supervisory authority needs in order to be able to assess the facts of the case.
  • A specific form is not required.
  • An oral application is not possible.
  • If the deviation affects regulations that serve to protect neighbors, you should submit the application to your neighbors and obtain their consent before submitting it.
  • The lower building supervisory authority will review your application and make a decision. You will receive a written decision.

Digital submission

Digital submission of applications for isolated deviations is not yet possible throughout Bavaria. When selecting a location, the link to the online procedure will be displayed if it is already available.

  • The application for an isolated deviation from other building regulations can be submitted digitally to the lower building supervisory authority using the online assistant.
  • The documents are uploaded to the online assistant in electronic form (files in PDF format).
  • Signatures are replaced by authentication using the "BayernID" user account or "My company account".

The fees amount to 5% of the benefit you stand to gain from the deviation, but at least EUR 75.

none

The processing time depends on the scope and complexity of the project as well as the current workload of the lower building supervisory authority.

You can challenge the decision of the lower building supervisory authority on the isolated deviation from other building regulations by filing a complaint with the administrative court.

Status: 11.03.2025
Editorial responsibility Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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