Building project; application for an isolated exception to the development plan

Development plans can allow exceptions to their stipulations. You can only apply for an exception to the provisions of the development plan if such an exception is provided for. However, even if an exception is permitted, your project must be measured against the other provisions of the development plan, from which no exception is possible.

An exception to the provisions of a development plan is usually dealt with together with a building application. However, an exception to the provisions of a development plan can also be requested for projects that do not require a procedure. In this case, an isolated decision is made on the exception.

Even if you are granted an exception to the provisions of a development plan, you are still obliged to comply with the other public law requirements.

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

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 exception to the development plan if

• your project is exempt from procedures,
• it is located within the scope of a development plan,
• the development plan expressly permits exceptions in terms of type and scope and
• the nature and scope of your project is covered by the exemption.

(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)
• § Section 31 of the German Building Code (BauGB)

  Exceptions and exemptions

• Building application procedure

  Information on the application procedure, documents, etc.

Written submission

• Submit your application for an isolated exception to 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 exception affects regulations that serve to protect neighbors, you should submit the application to your neighbors and obtain their consent before submitting it.
• The municipality will review your application and make a decision. You will receive a written decision.

Digital submission

Digital submission of applications for an isolated exception 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 exception to 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 or "My company account".
• If the application first reaches the lower building supervisory authority , it will immediately forward it to the responsible municipality.

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