Building project; application for an isolated exception to the development plan

If your non-procedural project meets an exception established in a development plan, you may apply for an exception.

Description

Development plans may allow exceptions to their stipulations. You can only apply for an exception to the provisions of the development plan if such an exception is provided for. However, even if the exception is allowed, your project must be measured against the other provisions of the development plan from which no exception is possible.

Usually, an exception to the stipulations of a development plan is dealt with together with a building application. However, an exception to the provisions of a development plan can also be applied for for projects that do not require a procedure. In this case, an isolated decision is made on the exception.

Even if an exception to the provisions of a development plan is approved for you, you are still obliged to comply with the rest of the provisions of public law.

The approval of an exception to the provisions of the development plan is a discretionary decision. If the requirements for the exception are met in principle, an exception can still be refused if necessary.

Prerequisites

You can apply for an isolated exception to the development plan if

  • your project is exempt from procedures,
  • it is located within the scope of a development plan,
  • the type and scope of the development plan expressly permits exceptions, and
  • your project is covered by the exemption in terms of type and scope.

Procedure

Written submission

  • Submit your request for an isolated exception to the provisions of a development plan to the appropriate municipality.
  • Also submit a justification and the required documents. Required documents are those that the municipality needs to be able to assess the facts of the case.
  • A specific form is not prescribed.
  • An oral application is not possible.
  • If the exception 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 exceptions is currently only possible for construction projects in the districts of Altötting (without the town of Burghausen), Augsburg, Bad Tölz-Wolfratshausen, Cham, Ebersberg (without the municipality of Vaterstetten), Hof, Kronach, Main-Spessart, Neustadt a.d.Waldnaab, Pfaffenhofen a.d.Ilm, Straubing-Bogen, Traunstein (without the large district town of Traunstein) and Weilheim-Schongau.

  • The application for an isolated exception to the stipulations of a development plan can be submitted digitally using the online assistant. The documents are uploaded in 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.

Deadlines

none

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
  • Construction drawings
  • if necessary, further documents

    Where necessary for the decision to grant an exemption.

Fees

  • The fees amount to 5% of the value of the benefit that is in prospect by the exception, but not less than 75 EUR.

Remedy

You can challenge the municipality's decision on the isolated exception to the development plan by filing a lawsuit with the administrative court.

Status: 27.04.2022

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
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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