Building project; request for an isolated deviation from local building regulations.
If your non-procedural project conflicts with a local building code, you may request a variance from it.
Description
Under certain conditions, you can apply for a deviation from local building regulations for your project. Usually, a deviation from local building regulations is handled together with a building application. However, a deviation from local building regulations can also be applied for for projects that do not require a procedure. In this case, an isolated decision is made on the deviation.
Even if a deviation from local building regulations is granted for your project, it must still comply with the rest of the public law requirements.
The deviation from local building regulations is a discretionary decision. If the requirements for the deviation are met in principle, a deviation can still be denied if necessary.
Prerequisites
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 the neighboring interests protected under public law.
Procedure
Written Submission
- Submit your application for an isolated variance from local building codes to the appropriate municipality.
- Also submit a statement of reasons and the required documents. Required documents are those needed by the municipality to evaluate the issue.
- A specific form is not prescribed.
- An oral application is not possible. If the variance affects regulations that serve to protect neighbors, you should present the application to your neighbors 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
Digital submission of applications for isolated deviation is currently not yet possible throughout Bavaria. This can only be done at certain lower building supervisory authorities. You can read which these are in § 1 Digital Building Application Ordinance. You can find the link under the tab "Legal basis".
- The application for an isolated variance from other building code laws can be submitted digitally using the online wizard. Documents are uploaded to the Online Assistant in electronic form (files in PDF format). Signatures are replaced by authentication using the "BayernID" user account.
- The application first reaches the lower building supervisory authority, which immediately forwards it to the responsible municipality.
Processing time
The processing time depends on the scope and complexity of the project and the current workload of the municipality.
Required documents
-
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.
Remedy
You can challenge the municipality's decision on the isolated deviation from local building regulations by filing a lawsuit with the administrative court.
Status:10.03.2023
Responsible for editing:Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
- Online transactions, Bavaria-wide
- Online transactions, locally limited
- Form, Bavaria-wide
- Form, locally limited
- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
- Legal bases, locally limited
- Fees, Bavaria-wide
- Fees, locally limited
If you select a location under "Localization" the contact details of the responsible authority and, if applicable, locally valid information will be displayed.