Building project; application for an isolated deviation from other building regulations

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

Description

Prerequisites

You can apply for an isolated deviation from other building regulations if

  • your project does not require a procedure or is exempt from approval and
  • the deviations are compatible with the public interests, taking into account the purpose of the respective provision of the building regulations law and considering the neighboring interests protected under public law.

Procedure

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. This is only possible with certain lower building supervisory authorities. You can find out which these are in Section 1 of the Digital Building Application Ordinance. You can find the link under the "Legal bases" tab.

  • 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.

Deadlines

none

Processing time

The processing time depends on the scope and complexity of the project as well as the current workload of the lower building supervisory authority.

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.

Fees

  • The fees amount to 5% of the benefit you stand to gain from the deviation, but at least EUR 75.

Remedy

You can challenge the decision of the lower building supervisory authority on the isolated deviation from other building regulations by filing a complaint with the administrative court.

Status:09.02.2024

Responsible for editing:Bayerisches Staatsministerium für Wohnen, Bau und Verkehr

Contains machine translated content. Show the original content

  • 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
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Responsible for you

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