Building project; application for an isolated exemption from the development plan

If your project, which is not subject to procedures, contradicts the stipulations of a development plan, you can apply for an exemption under certain conditions.

Description

Under certain conditions, you can apply for an exemption from the provisions of a development plan for your project. Usually, an exemption from the provisions of a development plan is handled together with a building application. However, an exemption from 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 exemption.

Even if your project is exempted from the stipulations of a development plan, it must still comply with the rest of the public-law requirements.

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

Prerequisites

You can apply for an isolated exemption from the development plan if

  • your project is exempt from proceedings,
  • it does not affect the basic principles of planning,
  • the deviation is also compatible with public interests when neighboring interests are taken into account, and
    • reasons of public welfare, including the need to accommodate refugees or asylum seekers, require the exemption, or
    • the deviation is justifiable in terms of urban development, or
    • the implementation of the development plan would lead to an obviously unintended hardship.

Procedure

Written submission

  • Submit your application for isolated exemption from the provisions of a development plan to the relevant municipality.
  • Also submit a justification and the required documents. Required documents are those that the municipality needs to be able to assess the facts.
  • A specific form is not prescribed.
  • An oral application is not possible.
  • If the exemption 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 exemption is currently only possible for building projects in the districts of Altötting (excluding the town of Burghausen), Aschaffenburg (excluding the town of Alzenau), Augsburg, Bad Tölz-Wolfratshausen, Cham, Ebersberg (excluding the municipality of Vaterstetten), Hof, Kronach, Main-Spessart, Neustadt a.d.Waldnaab, Pfaffenhofen a.d.Ilm, Straubing-Bogen, Traunstein (without Große Kreisstadt Traunstein) and Weilheim-Schongau as well as in the city of Kitzingen.

  • The application for isolated exemption from 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

no

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

    If necessary for the decision on the isolated exemption.

Fees

  • The fees amount to 10% of the benefit that you can expect from the exemption, but not less than 75 EUR.

Remedy

You can challenge the decision of the municipality on the isolated exemption from the development plan by filing a lawsuit with the administrative court.

Status: 13.07.2022

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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