Construction Project; Application for an Isolated Exemption from Local Building Codes

Under certain conditions, you may apply for an exemption from local building codes for your project. Typically, an application for an exemption from local building codes is processed together with a building permit application. However, an exemption from local building codes can also be requested for projects that do not require a formal building permit. In this case, a separate decision is issued regarding the exemption.

Even if an exemption from local building codes is granted for your project, it must still comply with all other public law requirements.

A waiver of local building regulations is a discretionary decision. If the requirements for the waiver are met, it is generally granted; however, in exceptional cases, it may also be denied.

You may apply for an exemption from local building codes if

• your project is not subject to a permit process and
• the deviations are compatible with the public interest, taking into account the purpose of the respective local building code and weighing both legally defined overriding public interests and neighboring interests protected under public law.

Written Submission

• Submit your application for an isolated exemption from local building codesto the appropriate municipality.
• Also submit a statement of reasons and the required documentation. The required documentation consists of whatever the municipality needs to assess the matter.
• No specific form is required.
• Verbal applications are not permitted. If the exemption affects regulations designed to protect neighbors, you should present the application to your neighbors before submitting it and obtain their consent.
• The municipality will review your application and make a decision. You will receive a written notice.

Digital Submission

Digital submission of applications for isolated exemptions is not yet possible throughout all of Bavaria. When you select a location, the link to the online procedure will appear, provided it is already available.

• The application for an isolated exemption from other building code regulations can be submitted digitally using the online wizard. The documents are uploaded to the online wizard in electronic form (PDF files). Signatures are replaced by authentication via a “BayernID” or “Mein Unternehmenskonto” user account.
• If the application is initially received by a lower-level building authority , that authority will forward it immediately to the responsible municipality.

• current cadastral extract
• Site Map
  

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

• Construction Drawings
• Additional documents, if applicable
  To the extent necessary for the decision on the isolated deviation.

The fees amount to 5% of the benefit you are expected to receive as a result of the deviation, with a minimum of 75 EUR.