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Building project; application for an isolated deviation from local building regulations
If your procedure-free project conflicts with a local building regulation, you can apply for a deviation.
Responsible for you
For contact details of the responsible authoritiy and local valid information select under "Select location" a location.
Procedure details
Description
Under certain conditions, you can apply for a deviation from local building regulations for your project. A deviation from local building regulations is usually dealt with together with a building application. However, you can also apply for a deviation from local building regulations for projects that do not require a procedure. In this case, an isolated decision on the deviation is issued.
Even if a deviation from local building regulations is approved for your project, it must still comply with the remaining public law requirements.
The deviation from local building regulations is an intended discretionary decision. If the requirements for the deviation are met, it must generally be granted, but it can also be refused in special cases.
Requirements
You can apply for an isolated deviation from local building regulations if
- your project does not require a procedure 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.
Required documents
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current cadastral map extract
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Site plan
(M 1 : 1,000 or 1 : 5,000)
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Construction drawings
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if necessary, further documentsWhere necessary for the decision on the isolated variance.
Proceedings
Written submission
- Submit your application for an isolated deviation from local building regulations to the responsible municipality.
- Also submit a justification and the required documents. The documents required are those that the municipality needs 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 before submitting it and obtain their consent.
- The local 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 offered.
- The application for an isolated deviation from other building regulations can be submitted digitally 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".
- If the application first reaches the lower building supervisory authority , it is immediately forwarded to the responsible municipality.
Fees
The fees amount to 5% of the benefit you stand to gain from the deviation, but at least EUR 75.
Deadlines
none
Processing time
The processing time depends on the scope and complexity of the project as well as the current workload of the municipality.
Legal bases
Appeal
You can challenge the municipality's decision on the isolated deviation from local building regulations with a complaint to the administrative court.
Related issues
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Building law; enactment of local building regulationsBy means of local building regulations, the municipality or city can regulate the design of buildings (e.g. roof shape, materials, etc.), advertising structures and properties (e.g. enclosures, greenery, etc.) in particular.
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Building project; application for a building permit
You generally need a building permit to erect, modify or change the use of a facility. Only in exceptional cases is planning permission not required.
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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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Building project; application for an isolated exception to the development planIf your non-procedural project corresponds to an exception stipulated in a development plan, you can apply for an exception.
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Building project; application for an isolated exemption from the development planIf your non-procedural project conflicts with the provisions of a development plan, you can apply for an exemption under certain conditions.
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Building project; application for a preliminary permit
You can have certain questions regarding the permissibility of your project clarified by means of a preliminary decision before submitting a building application. This has a binding effect on the subsequent planning permission procedure.
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Construction project without procedure; informationCertain (smaller) building projects can be erected without planning permission.
Status: 02.01.2025
Editorial responsibility Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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