Applying for deviations from building law requirements, provisions of a development plan, urban development statutes or regulations of the Land Use Ordinance

If the planning of your building project deviates from the applicable regulations, you can submit an application for an exception or exemption from the regulations.

If your building project deviates from building regulations (e.g. from the HBO, the provisions of a development plan, an urban development statute or the building use ordinance), you must apply separately for approval of the deviation and justify it.

This applies to projects that require planning permission, projects that do not require planning permission and projects that do not require planning permission. Even if the regulations that are to be deviated from are not examined in the approval procedure, you must still apply for approval.

The competent authority can then grant you approval for a deviation, exception or exemption under certain conditions.

The lower building supervisory authorities are responsible.

Please contact the lower building supervisory authority of your district, independent city or special status city.

• Completed application with justification for the deviation (BAB 10)
• Authorization to act, if applicable
• Property plan
• Floor plans
• Sections
• Views
• Representation of neighboring buildings
• Informal building and usage description with building class 2
• Building documents showing the exemption and deviation status
• Determination of the extent of building use
• Proof of spacing
• Proof of parking space
  

A deviation from HBO regulations or from regulations based on the HBO may be permitted if it is compatible with public interests. The purpose of the respective requirement to be deviated from must also be taken into account and the neighboring interests protected under public law must be considered.

An exception to the provisions of a development plan or other urban development statutes or to the provisions of the German Land Use Ordinance may be permitted if it is expressly provided for in terms of type and scope. An exemption from the provisions of a development plan or other urban development statutes or from the provisions of the Land Use Ordinance may be permitted if it does not affect the main features of the planning and 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 and the need to accommodate refugees or asylum seekers, require the exemption or
• the deviation is justifiable in terms of urban development or
• the implementation of the development plan would lead to an obviously unintended hardship.
  

• You fill out the application digitally in the building portal or in analog form.
• You submit the application together with the required documents to the responsible building authority
• The building authority checks your application and the documents
• If all requirements are met, the building authority will grant you the permit
  

There is no deadline.

The fee is charged for each deviation. The respective local authorities can set their own fees by statute. Please contact the building supervisory authority responsible for you.: Fee from 100,00 EUR to 11.000,00 EUR