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.
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.
- 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 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.
The processing time depends on the scope and complexity of the project as well as the current workload of the lower building supervisory authority.
current cadastral map extract
(M 1 : 1,000 or 1 : 5,000)
if necessary, further documents
Where necessary for the decision on the isolated variance.
- The fees amount to 5% of the benefit you stand to gain from the deviation, but at least EUR 75.
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.
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