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

If your non-procedural project conflicts with the provisions of a development plan, you can apply for an exemption under certain conditions.

Description

Prerequisites

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

  • your project is exempt from procedure,
  • 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 planning or
    • the implementation of the development plan would lead to an obviously unintended hardship.

Procedure

Written submission

  • Submit your application for an isolated exemption from the provisions of a development plan to the responsible municipality.
  • Also submit a justification and the required documents. The documents required are those that the municipality needs to be able to assess the facts of the case.
  • A specific form is not required.
  • An oral application is not possible.
  • If the exemption affects regulations that serve to protect neighbors, you should submit the application to your neighbors and obtain their consent before submitting it.
  • The local authority will review your application and make a decision. You will receive a written decision.

Digital submission

Digital submission of applications for isolated exemptions is not yet possible throughout Bavaria. This is only possible with certain lower building supervisory authorities. You can find out which these are in Section 1 of the Digital Building Application Ordinance. You can find the link under the "Legal bases" tab.

  • The application for isolated exemption from the provisions of a development plan can be submitted digitally using the online assistant. The documents are uploaded to the online assistant in electronic form (files in PDF format). Signatures are replaced by authentication using the "BayernID" user account.
  • The application is first sent to the lower building supervisory authority, which forwards it immediately to the responsible municipality.

Deadlines

none

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 you stand to gain from the exemption, but at least EUR 75.

Remedy

You can challenge the municipality's decision on the isolated exemption from the development plan by filing a complaint with the administrative court.

Status:20.12.2023

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
  • 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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