Construction Project; Application for an Isolated Exemption from Other Building Regulations

“Other building code provisions” refers to building code provisions with the exception of local building regulations. This distinction is based on differences in jurisdiction.

Under certain conditions, you may apply for an exemption from other building regulations for your project. Typically, an application for an exemption from other building regulations is processed together with a building permit application. However, an exemption from other building regulations may also be requested for projects that are exempt from the permitting process or do not require approval. In this case, a separate decision is issued regarding the exemption.

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

A waiver from other building code 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 isolated exemption from other building code provisions if

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

Written Submission

• Submit the application for an isolated exemption from other building code provisions to the competent lower-level building authority.
• Also submit a statement of reasons and the required documents. The required documents are those that the local building authority needs to assess the facts of the case.
• 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 lower building authority 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 provisions can be submitted digitally to the lower building authority 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.

• current cadastral extract
• Site Map
  

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

• Building Specifications
  If the building permit application is submitted digitally, the prompts are included in the online wizard.
• additional documents, if applicable
  To the extent necessary for the decision on the isolated deviation.