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

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

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

The deviation from local 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.

We ask you to give priority to using the above-mentioned online service via the button "Apply for isolated deviation, exemption or exception online" for this.

Under the further links you will find the reference to our topic page "Building application procedure".

The "FAQ on the digital building application procedure" can be found in the Forms section.

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

• your project is exempt from procedures 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.

The fees amount to 5% of the benefit you stand to gain from the deviation, but at least EUR 75.

• Art. 63 Bavarian Building Regulations (BayBO)

  Deviations

• Art. 81 Bavarian Building Regulations (BayBO)

  Local building regulations

• 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 your application for an isolated deviation from local building regulations 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.
• A verbal 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 municipality will review 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 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 an isolated exception to the development plan
• Building project; application for a building permit
• Building project; application for a preliminary permit
• Construction project without procedure; information
• Building project; application for an isolated exemption from the development plan
• Building project; application for an isolated deviation from other building regulations