Aircraft noise protection; application for an exception to the construction ban

Under certain conditions, you can apply for an exception to the ban on building in the noise protection area.

Description

The German Aircraft Noise Protection Act (FluLärmG) imposes building bans on properties located within a noise protection zone. The noise protection area according to FluLärmG is divided into three protection zones:

  • two protection zones for the day and
  • one protection zone for the night.

The noise protection zone comprises the area outside the airfield site. The noise protection zone for the respective airfield is defined by an ordinance of the state government.

No hospitals, old people's homes, recreation homes and similar facilities requiring protection to the same extent may be built in a noise protection zone. In the daytime protection zones of the noise protection area, the same applies to schools, kindergartens and similar facilities requiring protection to the same extent. The competent authority may grant exceptions if this is urgently required to provide the population with public facilities or otherwise in the public interest.

The competent authority for these enforcement tasks in Bavaria is the

  • Government of Upper Bavaria - Luftamt Südbayern for the administrative districts of Upper Bavaria, Lower Bavaria and Swabia
  • Government of Middle Franconia - Air Office North Bavaria for the administrative districts of Upper, Middle and Lower Franconia and the Upper Palatinate.

Prerequisites

The competent authority may grant exceptions only if this is urgently required to provide the population with public facilities or otherwise in the public interest.

Procedure

Exemption from building bans is granted upon application. This application must be submitted to the responsible aviation authority. The application can be made informally.

Forms

Please select a location in "Localization" so that the address of the responsible authority can be filled in.

  • Prefillable Form, Bavaria-wide: Formloser Antrag (mit Unterschrift)
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Status:02.08.2023

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

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  • 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
Bild zur Leistungsbeschreibung

Responsible for you

If you select a location under "Localization" the contact details of the responsible authority and, if applicable, locally valid information will be displayed.