Aircraft noise protection; application for an exception to the construction ban

Under certain conditions, you can apply for an exception to the construction ban in the noise protection area.

Formloser Antrag (mit Unterschrift)
Dieser Assistent unterstützt Sie bei der Erstellung eines formlosen Schreibens, wenn die zuständige Stelle kein Antragsformular zur Verfügung stellt.

This form can be submitted electronically (e.g. via a secure contact form using your user account with login via the electronic ID function or the ELSTER certificate) or handwritten and signed in paper form to the responsible authority.

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

The Aircraft Noise Protection Act (FluLärmG) prohibits construction on properties located within a noise protection zone. The noise protection area according to FluLärmG is divided into three protection zones:

two protection zones for the day and
one protection zone for the night.

The noise protection area comprises the area outside the airport grounds. The noise protection zone for the respective airfield is determined by an ordinance issued by the state government.

Hospitals, retirement homes, recreation homes and similar facilities requiring the same degree of protection may not be built in a noise protection zone. The same applies to schools, kindergartens and similar facilities requiring the same degree of protection in the daytime protection zones of the noise protection area. The competent authority may grant exceptions if this is urgently required to provide the population with public facilities or is otherwise in the public interest.

The competent authority for these enforcement tasks in Bavaria is the

Government of Upper Bavaria - Air Authority of Southern Bavaria for the administrative districts of Upper Bavaria, Lower Bavaria and Swabia
Government of Middle Franconia - Air Office North Bavaria for the administrative districts of Upper, Middle and Lower Franconia and the Upper Palatinate.

The competent authority may only grant exceptions if this is urgently required to provide the population with public facilities or is otherwise in the public interest.

Exemption from construction bans is granted on application. This must be submitted to the responsible aviation authority. The application can be made informally.