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Description of the
Zoning plans may allow for exceptions to their provisions. You may only apply for an exemption from the provisions of the development plan if such an exemption is provided for. However, even if the exemption is granted, your project must still comply with the other provisions of the development plan, from which no exemption is possible.
An exemption from the provisions of a local development plan is usually dealt with in conjunction with a planning application. However, an exemption from the provisions of a local development plan may also be applied for in respect of projects not subject to the planning process. In such cases, a separate decision is made regarding the exemption.
Even if you are granted an exemption from the provisions of a local development plan, you are still obliged to comply with the other requirements under public law.
The granting of an exemption from the provisions of the local development plan is a discretionary decision. Even where the conditions for an exemption are, in principle, met, an exemption may nevertheless be refused in certain circumstances.
Prerequisites
You may apply for an isolated exemption from the local development plan if
- your project is exempt from procedures,
- it is situated within the area covered by a local development plan,
- the development plan expressly permits exceptions in terms of type and scope, and
- Your project falls within the scope of the exemption in terms of its nature and scale.
Deadlines
noneRequired documents
Current cadastral extract
Site plan
(M 1 : 1,000 or 1 : 5,000)
Construction drawings
and any other relevant documents
, if required for the decision on whether to grant an exemption.Costs
The fees amount to 5 per cent of the value of the benefit expected to result from the exemption, subject to a minimum of EUR 75.Legal basis
Legal remedy
You can challenge the local authority’s decision regarding the isolated exemption from the local development plan by bringing a claim before the Administrative Court.Procedure
Written submission
- Please submit your application for an isolated 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 designed to protect neighbours, you should show the application to your neighbours before submitting it and obtain their consent.
- The municipality will review your application and make a decision. You will receive a written decision.
Digital submission
It is not yet possible to submit applications for isolated exemptions online throughout Bavaria. When you select a location, the link to the online procedure will appear, provided it is already available.
- An application for an isolated exemption from the provisions of a local development plan can be submitted digitally using the online wizard. The documents are uploaded to the online wizard in electronic form (PDF files). Signatures are replaced by authentication via a ‘BayernID’ or ‘Mein Unternehmenskonto’ user 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.