Building: Deviation/Exception/Exemption

If you wish to deviate from the provisions of building planning law or building regulations law, you can submit an application for an exception, exemption or deviation. The building supervisory authority decides on the application, which must be substantiated.

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

An independent application for a deviation is only possible for building structures in accordance with § 73 HBO. This is not possible for projects that do not require approval in the planned area (§ 63 HBO). In these cases, a decision on the deviation, exception or exemption must be made in an approval procedure.

• Application for deviation / exception / exemption in accordance with Section 73 Hessian Building Code - HBO - / Section 31 Building Code - BauGB - with justification and explanation of the compensation measure
• Real estate plan (site plan/excerpt from the real estate map) not older than 12 months and with a dimensioned entry of the project
• Any other documents required can be obtained from the building supervisory authority
• If neighboring rights are affected by the deviation/exception/exemption, the neighbors must be involved. Obtaining prior consent from neighbors can significantly speed up the process.
  

A fee range of EUR 50.00 - EUR 10,000.00 is provided for deviations from building regulations; a fee range of EUR 40.00 - EUR 1,300.00 is provided for planning law exceptions and EUR 40.00 - EUR 20,000.00 for exemptions. For exemptions with a volume of more than 1,000 m³ for special buildings, the fee range is EUR 20,000.00 - EUR 50,000.00.