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Description of the
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 your project is authorised to deviate from local building regulations, it must still comply with the other public law requirements.
The deviation from local 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.
Prerequisites
You can apply for an isolated deviation from local building regulations if
- your project is exempt from procedures and
- the deviations are compatible with public interests, taking into account the purpose of the respective local building regulation and considering both legally defined overriding public interests and neighbouring interests protected under public law.
Deadlines
noneRequired documents
Current cadastral extract
Site plan
(M 1 : 1,000 or 1 : 5,000)
Construction drawings
and any other relevant documents
where required for the decision on the isolated deviation.Costs
The fees amount to 5% of the benefit you stand to gain from the deviation, but at least EUR 75.
Legal basis
Legal remedy
You can challenge the municipality's decision on the isolated deviation from local building regulations with a complaint to the administrative court.Procedure
Written submission
- Submit your application for an isolated exemption from local building regulations to the relevant local authority.
- 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.
- A verbal application is not possible. If the deviation affects regulations that serve to protect neighbours, you should submit the application to your neighbours and obtain their consent before submitting it.
- The municipality will review your application and make a decision. You will receive a written decision.
Digital submission
Digital submission of applications for isolated deviation is not yet possible throughout Bavaria. When selecting a location, the link to the online procedure is 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 is initially received by the lower building control authority, the latter shall forward it without delay to the relevant local authority.
Processing time
The processing time depends on the scope and complexity of the project as well as the current capacity utilisation of the municipality.