Building project; application for an isolated exemption from the development plan

Under certain conditions, you can apply for an exemption from the provisions of a development plan for your project. An exemption from the provisions of a development plan is usually dealt with together with a building application. However, an exemption from the provisions of a development plan can also be applied for for projects that do not require a procedure. In this case, an isolated decision is made on the exemption.

Even if your project is exempted from the provisions of a development plan, it must still comply with the remaining public law requirements.

Exemption from the provisions of the development plan is a discretionary decision. If the requirements for exemption are met in principle, exemption can still be refused if necessary.

You can apply for an isolated exemption from the development plan if

• your project is exempt from procedure,
• it does not affect the basic principles of planning,
• the deviation is also compatible with public interests when neighboring interests are taken into account 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 energies, require the exemption
  • the deviation is justifiable from an urban planning perspective or
  • the implementation of the development plan would lead to an obviously unintended hardship.

Written submission

• Submit your application for an isolated exemption from 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 exemption affects regulations that serve to protect neighbors, you should submit the application to your neighbors and obtain their consent before submitting it.
• The local authority will review your application and make a decision. You will receive a written decision.

Digital submission

Digital submission of applications for isolated exemptions 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 bases" tab.

• The application for isolated exemption from 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 isolated exemption.