Construction: Deviation/Exception/Exemption

If deviations are to be made from the provisions of building planning law or building regulations, an application for exception, exemption or deviation may be submitted. The building supervisory authority decides on the application, which must be justified.

In building application procedures, a requested deviation from the provisions of building regulations or an exception or exemption from planning regulations is decided with the building application.

An independent application for derogation is only possible for structures according to § 73 HBO. This is not possible for projects in the planned area that do not require approval (§ 63 HBO). In such cases, the derogation, exception or exemption must be decided in an authorisation procedure.
 

Further information can be obtained from the building supervisory authority (district / district-free city / special status city).

• Application for deviation / exception / exemption according to § 73 Hessische Bauordnung - HBO - / § 31 Baugesetzbuch - BauGB - with justification and explanation of the compensation measure
• Property plan (site plan/excerpt from the property map) not older than 12 months and with measured entry of the project
• Ev. further required documents can be obtained from the building supervisory authority
• if neighbouring rights are affected by the deviation / exception / exemption, the neighbourhood will be involved. Prior consent from neighbours can significantly speed up the procedure.
   

For deviations from the building regulations, a fee framework of 50.00 Euro - 10,000.00 Euro is provided; for planning exceptions a fee framework of 40.00 Euro - 1.300,00 Euro, for exemptions 40.00 Euro - 20.000,00 Euro. For exemptions with a volume of more than 1,000 m³ for special constructions, the fee framework is 20,000.00 euros - 50,000.00 euros.