Construction Project; Application for an Isolated Exemption from the Zoning Plan

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

Even if your project is exempted from the provisions of a zoning plan, it must still comply with all other requirements under public law.

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

You may apply for an exemption from the zoning plan if

• your project does not require a permit,
• it does not affect the basic principles of the plan,
• the deviation is compatible with public interests, even after taking into account the interests of neighbors, and
  • reasons of public welfare—including the housing needs of the population, the need to accommodate refugees or asylum seekers, the need for facilities for social purposes, and the need for the rapid expansion of renewable energy—require the exemption
  • the deviation is justifiable from an urban planning perspective, or
  • the implementation of the zoning plan would result in a hardship that was clearly not intended.

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 the isolated exemption.