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.
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.
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.
Exemption from building bans is granted upon application. This application must be submitted to the responsible aviation authority. The application can be made informally.
Links to more information
Responsible for editing: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
- 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