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Description of the
Other building regulation law" refers to building regulation law with the exception of local building regulations. The reason for this distinction is the different responsibilities.
Under certain conditions, you can apply for a deviation from other building regulations for your project. A deviation from other building regulations is usually dealt with together with a building application. However, a deviation from other building regulations can also be applied for for projects that do not require a procedure or authorisation. In this case, an isolated decision on the deviation is issued.
Even if your project is authorised to deviate from other building regulations, it must still comply with the remaining public law requirements.
The deviation from other building regulations is an intended discretionary decision. If the requirements for the deviation are met, it is usually granted, but it can also be refused in special cases.
Prerequisites
You can apply for an isolated deviation from other building regulations if
- your project is exempt from procedures or authorisation and
- the deviations are compatible with public interests, taking into account the purpose of the respective local building regulation and considering both legally defined overriding public interests and neighbouring interests protected under public law.
Deadlines
noneRequired documents
Current cadastral extract
Site plan
(M 1 : 1,000 or 1 : 5,000)
Construction drawings
and any other relevant documents
where required for the decision on the isolated deviation.Costs
The fees amount to 5% of the benefit you stand to gain from the deviation, but at least EUR 75.Legal basis
Legal remedy
You can challenge the decision of the lower building supervisory authority on the isolated deviation from other building regulations by filing a complaint with the administrative court.Procedure
Written submission
- Submit the application for isolated deviation from other building regulations to the responsible lower building supervisory authority.
- Also submit a justification and the required documents. The documents required are those that the lower building supervisory authority needs in order to be able to assess the facts of the case.
- A specific form is not required.
- An oral application is not possible.
- If the deviation affects regulations that serve to protect neighbours, you should submit the application to your neighbours and obtain their consent before submitting it.
- The lower building supervisory authority will examine your application and make a decision. You will receive a written decision.
Digital submission
Digital submission of applications for isolated deviation is not yet possible throughout Bavaria. When selecting a location, the link to the online procedure is displayed if it is already offered.
- The application for an isolated deviation from other building regulations can be submitted digitally to the lower building supervisory authority 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 or "My company account".
Processing time
The processing time depends on the scope and complexity of the project as well as the current capacity utilisation of the lower building supervisory authority.