Bauvorhaben; Beantragung einer isolierten Abweichung von örtlichen Bauvorschriften

If your procedure-free project conflicts with a local building regulation, you can apply for a deviation.

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.

• 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.

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.

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

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.