Bauvorhaben; Beantragung einer isolierten Abweichung von sonstigem Bauordnungsrecht

If your project, which does not require a procedure or approval, contradicts other building regulations, you can apply for a deviation.

Other building regulation law" refers to building regulation law with the exception of local building regulations. The reason for this distinction is the different responsibilities.

Under certain conditions, you can apply for a deviation from other building regulations for your project. A deviation from other building regulations is usually dealt with together with a building application. However, a deviation from other building regulations can also be applied for for projects that do not require a procedure or approval. In this case, an isolated decision on the deviation is issued.

Even if a deviation from other building regulations is approved for your project, it must still comply with the remaining public law requirements.

The deviation from other building regulations is an intended discretionary decision. If the requirements for the deviation are met, it is usually 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 other building regulations if

• your project is exempt from procedures or does not require approval 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.

Written submission

• Submit the application for isolated deviation from other building regulations to the responsible lower building supervisory authority.
• Also submit a justification and the required documents. The documents required are those that the lower building supervisory authority needs in order 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 and obtain their consent before submitting it.
• The lower building supervisory 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 available.

• The application for an isolated deviation from other building regulations can be submitted digitally to the lower building supervisory authority 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".