Construction project; request for isolated variance from other building code provisions.
If your project, which is exempt from procedures or permits, conflicts with other building code laws, you can apply for a variance.
Description
Other building code law" refers to building code law with the exception of local building regulations. The reason for this distinction is the different responsibilities.
Under certain conditions, you can apply for a deviation from other building regulations for your project. Typically, a variance from other building code law is handled together with a building application. However, a variance from other building code laws can also be requested for projects that are exempt from procedures and permits. In this case, an isolated decision on the deviation is issued.
Even if a deviation from other building regulations is granted for your project, it must still comply with the rest of the public law requirements.
The deviation from other 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 other building code regulations if
- your project is exempt from proceedings or exempt from approval and
- the deviations are compatible with the public interests, taking into account the purpose of the respective provision of the building code and the neighboring interests protected under public law.
Procedure
Written Submission
- Submit the application for an isolated variance from other building code requirements to the appropriate lower building official.
- Also submit justification and required documentation. Required documents are those needed by the lower building inspection authority to evaluate the facts of the case.
- 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 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 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 deviation from other building code law can be submitted digitally to the lower building supervisory authority using the online assistant.
- The documents are uploaded in electronic form (files in PDF format) in the online assistant.
- Signatures are replaced by authentication using the "BayernID" user account.
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 not less than EUR 75.
Remedy
You can challenge the decision of the lower building supervisory authority on the isolated deviation from other building code law by filing an action 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
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