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 compatible with public interests, also taking into account neighboring interests, 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 in order to be able to assess the facts of the case.
- 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 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 isolated exemption from the stipulations of a development plan can be submitted digitally using the online wizard. 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.
Processing time
The processing time depends on the scope and complexity of the project as well as the current workload of the municipality.
Required documents
-
current cadastral map extract
-
Site plan
(M 1 : 1,000 or 1 : 5,000)
-
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:10.03.2023
Responsible for editing:Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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