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 granted, 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 remaining 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.

You can apply for an isolated exception to the development plan if

• your project is exempt from procedures,
• it is within the scope of a development plan,
• the type and scope of the development plan expressly permits exceptions and
• the nature and scope of your project falls under the exception.

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 isolated exceptions 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 basis" tab.

• 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.
• 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 approval of an exception.