Building: Deviation/Exception/Exemption
Service description
If a deviation from the provisions of building planning law or building code law is desired, an application for an exception, exemption, or deviation may be filed. The building authority decides on the application, which must be supported by a statement of reasons.
In building permit proceedings, a decision on a requested deviation from the provisions of building regulations or an exception or exemption from planning regulations is made as part of the building permit application.
A separate application for a deviation is only possible for structures under § 73 HBO. This is not possible for projects exempt from approval in zoned areas (§ 63 HBO). In these cases, a decision on the deviation, exception, or exemption must be made as part of an approval process.
What documents are required?
- Application for a Variance / Exception / Exemption pursuant to Section 73 of the Hessian Building Code (HBO) / Section 31 of the German Building Code (BauGB), including justification and an explanation of the compensatory measure
- Property plan (site plan/excerpt from the cadastral map) no older than 12 months and including a dimensioned representation of the project
- You can find out from the building authority whether any additional documents are required.
- If the deviation, exception, or exemption affects the rights of neighbors, the neighborhood will be consulted. Obtaining the neighbors’ consent in advance can significantly speed up the process.
What fees apply?
A fee range of 50.00 euros to 10,000.00 euros is provided for deviations from building codes; for exceptions under planning law, a fee range of 40.00 euros to 1,300.00 euros; for exemptions, 40.00 euros to 20,000.00 euros. For exemptions involving a volume of more than 1,000 m³ for special structures, the fee range is 20,000.00 euros to 50,000.00 euros.
Legal basis