Construction Project; Application for an Isolated Exception to the Zoning Plan

Zoning plans may allow for exceptions to their provisions. You may apply for an exception to the provisions of the zoning plan only if such an exception is provided for. However, even if the exception is granted, your project must still comply with the remaining provisions of the zoning plan, from which no exceptions are permitted.

Typically, an exception to the provisions of a zoning plan is processed together with a building permit application. However, an exception to the provisions of a zoning plan may also be requested for projects that do not require a building permit. In this case, a separate decision is issued regarding the exception.

Even if you are granted an exception to the provisions of a zoning plan, you are still required to comply with all other public law requirements.

The granting of an exemption from the provisions of the zoning plan is a discretionary decision. Therefore, even if the basic requirements for the exemption are met, the exemption may still be denied in certain cases.

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

• your project does not require a permit,
• it is located within the scope of a zoning plan,
• the zoning plan expressly permits exceptions based on type and scope, and
• your project falls under the exception provision in terms of its nature and scope.

Written Submission

• Submit your application for an isolated exemption from the provisions of a zoning plan to the relevant municipality.
• Also submit a statement of reasons and the required documents. The documents required are those that the municipality 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 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 available 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 the provisions of a zoning plan 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 the lower 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 whether to grant an exemption.