Building project; application for an isolated deviation from other building regulations

Other building regulation law" refers to building regulation law with the exception of local building regulations. The reason for this distinction is the different responsibilities.

Under certain conditions, you can apply for a deviation from other building regulations for your project. A deviation from other building regulations is usually dealt with together with a building application. However, a deviation from other building regulations can also be applied for for projects that do not require a procedure or approval. In this case, an isolated decision on the deviation is issued.

Even if your project is permitted to deviate from other building regulations, it must still comply with the other requirements of public law.

The deviation from other building regulations is an intended discretionary decision. If the requirements for the deviation are met, it is usually granted, but it can also be denied in special cases.

Please give priority to using the online service offered via the button above for "Apply for isolated deviation, exemption or exception online".
In the Forms section you will find the "FAQ on the digital planning application procedure" and under the further links you will find the reference to our "Planning application procedure" topic page.

You can apply for an isolated deviation from other building regulations if

• your project is exempt from procedures or does not require approval and
• the deviations are compatible with public interests, taking into account the purpose of the respective local building regulation and considering both legally defined overriding public interests and neighboring interests protected under public law.

(M 1 : 1,000 or 1 : 5,000)

• FAQ on the digital planning application process

  All important questions about the digital building application process are answered in detail.

• Art. 63 Bavarian Building Regulations (BayBO)

  Deviations

• Ordinance on the digital submission of building authority applications and notifications (Digital Building Application Ordinance - DBauV)

• Building application procedure

  Information on the application procedure, documents, etc.

Written submission

• Submit the application for isolated deviation from other building regulations to the responsible lower building supervisory authority.
• Also submit a justification and the required documents. The documents required are those that the lower building supervisory authority needs in order to be able to assess the facts of the case.
• A specific form is not required.
• An oral application is not possible.
• If the deviation affects regulations that serve to protect neighbors, you should submit the application to your neighbors and obtain their consent before submitting it.
• The lower building supervisory authority will examine your application and make a decision. You will receive a written decision.

Digital submission

Digital submission of applications for isolated deviation is not yet possible throughout Bavaria. When selecting a location, the link to the online procedure is displayed if it is already offered.

• The application for an isolated deviation from other building regulations can be submitted digitally to the lower building supervisory authority 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 or "My company account".

• Building project; application for an isolated exception to the development plan
• Building project; application for a building permit
• Building project; application for a preliminary permit
• Building project; application for an isolated exemption from the development plan
• Building project; application for an isolated deviation from local building regulations