Building project; application for an isolated exemption from the development plan

You can apply for an isolated exemption from the development plan if

• your project is exempt from procedures,
• it does not affect the basic principles of planning,
• the deviation is also compatible with public interests when neighbouring interests are taken into account and
  • reasons of public welfare, including the housing needs of the population, the need to accommodate refugees or asylum seekers, the need for facilities for social purposes and the need for a rapid expansion of renewable energies, which require exemption
  • the deviation is justifiable from an urban planning perspective or
  • the implementation of the development plan would lead to an obviously unintended hardship.

(M 1 : 1,000 or 1 : 5,000)

• Art. 63 Bavarian Building Code (BayBO)

  Deviations

• § Section 31 of the German Building Code (BauGB)

  Exceptions and exemptions

• Ordinance on the digital submission of building authority applications and notifications (Digital Building Application Ordinance - DBauV)

You can challenge the municipality's decision on the isolated exemption from the development plan by filing a complaint with the administrative court.

Written submission

• Submit your application for an individual exemption from the provisions of a local development plan 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.
• An oral application is not possible.
• If the exemption 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 exemption 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 exemption from the provisions of a development plan 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.