Abweichungen von baurechtlichen Anforderungen, von Festsetzungen eines Bebauungsplans bzw. einer städtebaulichen Satzung oder von Regelungen der Baunutzungsverordnung beantragen

If your (building) project deviates from building regulations, you must apply for approval of the deviation. This also applies to deviations from regulations that are not examined in the planning permission procedure.

If your (building) project deviates from building regulations (e.g. from the provisions of a development plan, an urban development statute or the building use regulations), you must apply separately for approval of the deviation and justify it. This applies to projects that require planning permission, projects that do not require planning permission and projects that do not require planning permission.

Even if the regulations that are to be deviated from are not examined in the approval procedure, approval must still be applied for. The competent authority can then grant you approval for a deviation, exception or exemption under certain conditions.

• Completed application with justification for the deviation
• Depending on the individual case, further documents (building documents for projects not exempt from procedure):
  • Extract from the official real estate map and the site plan
  • construction drawings
  • Building description
  • Proof of stability
  • Proof of fire protection
  • Calculation of the permitted, existing and planned extent of building use for construction projects within the scope of a development plan that contains provisions on this matter
  • Further documents if necessary

A deviation from local building regulations may be permitted if it is compatible with public interests. The purpose of the respective requirement that is to be deviated from must also be taken into account and the neighboring interests protected under public law must be considered.

An exception from building regulations (provisions of a development plan or other urban development statutes or from regulations of the Land Use Ordinance) may be permitted if it is expressly provided for in terms of type and scope (exception from building regulations).

An exemption from building regulations (provisions of a development plan or other urban development statutes or from regulations of the Land Use Ordinance) may be permitted if it does not affect the main features of the planning and is also compatible with public interests when neighboring interests are taken into account and:

• reasons of public welfare, including the housing needs of the population and the need to accommodate refugees or asylum seekers, require the exemption or
• the deviation is justifiable in terms of urban development or
• the implementation of the development plan would lead to an obviously unintended hardship.

• Fee range for the approval of a deviation from a provision of the building code: EUR 50.00 - EUR 5,420.00
• Fee range for the approval of an exception or exemption according to § 31 or § 34 paragraph 2 half-sentence 2 of the Building Code: EUR 65.00 - 2,910.00

Apply separately to the competent authority for approval of the deviation, even if a building permit procedure is being carried out, and state the reasons for the deviation in the application.

The building supervisory authority or the municipality will check whether the requirements for approval of the deviation, exemption or exception are met and, if necessary, involve other authorities and the neighbors. You will then receive a decision as to whether the deviation is approved or rejected.

• none

• none

• Contradiction

Applying for approval of deviations, exceptions and exemptions from building regulations

• If a (building) project deviates from building regulations, a separate deviation application must be submitted
• The deviation application must also be submitted if deviations are made from building regulations that are not examined in the building permit procedure or if the (construction) project is exempt from the procedure
• Approval for deviations, exceptions or exemptions can be granted if the requirements are met
• The application must be submitted to the lower building supervisory authority for projects that require approval and projects that do not require approval, otherwise it must be submitted to the municipality

• For projects that require planning permission or do not require planning permission:
  • Lower building supervisory authority
• Otherwise (for projects not requiring a permit)
  • Municipality in which the project is to be carried out.

• Forms available: no
• Online service available: yes
• Written form required: yes
• Informal application possible: yes
• Personal appearance necessary: no