Building: Deviation/Exception/Exemption

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 at the same time as the decision on 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 such cases, a decision on the deviation, exception, or exemption must be made as part of an approval process.

• Application for a deviation, exception, or exemption pursuant to Section 73 of the Hessian Building Code (HBO) and Section 31 of the German Building Code (BauGB), including a justification and 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
• Please contact the building authority to find out if any additional documents are required
• If the deviation, exception, or exemption affects the rights of neighbors, the neighborhood must be consulted. 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.