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 a deviation from local building regulations is approved for your project, it must still comply with the remaining public law requirements.

The deviation from local building regulations is a discretionary decision. If the requirements for a deviation are met in principle, a deviation can still be denied if necessary.

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

• your project does not require a procedure and
• the deviations are compatible with public interests, taking into account the purpose of the respective local building regulation and considering the neighboring interests protected under public law.

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.
• 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 local authority will review your application and make a decision. You will receive a written decision.

Digital submission

Digital submission of applications for isolated deviations 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 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.
• The application is first sent to the lower building supervisory authority, which forwards it immediately to the responsible municipality.

• current extract from the land register
• Site plan
  

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

• Construction drawings
• Further documents if necessary
  If required for the decision on the isolated deviation.

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