Abweichung, Ausnahme und Befreiung bei Bauvorhaben beantragen, für die eine Baugenehmigung nicht erforderlich ist

If your building project deviates from the applicable building regulations or building planning regulations, you can also apply for the necessary deviation, exception or exemption in isolation if your building project does not require planning permission.

For projects that do not require planning permission, you can apply for deviations, exceptions and exemptions from building regulations independently, i.e. without planning permission.

If deviations, exceptions and exemptions to local building regulations are to be granted for projects that do not require a building permit, the municipality will decide on your application.

• Informal application
• Justification

The planned deviation, exception or exemption does not necessarily conflict with public interests and the legally protected interests of neighbors.

The amount of the costs depends on the duration of the official act.

You can apply for a deviation, exception or exemption for a deviation from building regulations for a project that does not require a procedure electronically via the online service or in writing in paper form.

Proceed as follows when using the online service:

• Log in with your user account. You need a BundID account to apply as a private individual. If you are applying on behalf of an organization (company, public authority, etc.), you will need a "My company account".
• Complete the online form.
• Add the required building documents.
• Submit the application documents to the responsible lower building supervisory authority or municipality.
• If any documents are missing or there are other ambiguities, you will be asked to rectify these.
• In this case, submit the missing or amended documents and/or the clarification.
• The lower building supervisory authority or the municipality will review your application.
• You will then receive approval of the deviation, exception or exemption as well as a fee notice.
• You pay the fees.

• Objection
• Complaint

• Decisions on deviations, exceptions or exemptions are made in the approval procedure for building projects requiring approval. If a building permit is not required for the project, decisions on deviations, exceptions or exemptions must be made in isolation.
• Deviations from building law requirements may be permitted if public interests and neighboring interests protected under public law are taken into account.
• Applications for approval of deviations, exceptions or exemptions must be justified.
• The municipality decides on deviations from local building regulations as well as exceptions and exemptions from the provisions of a development plan for building projects that do not require a procedure. Otherwise, the lower building supervisory authority decides.

Lower building supervisory authority