Building: Variation / Exception / Exemption
Performance specification
If the regulations of the building planning law or the building code are to be deviated from, an application for an exception, exemption or deviation may be submitted. The building supervisory authority decides on the application, which must be justified.
In building application procedures, a decision on a requested deviation from the provisions of the building code or an exception or exemption from planning regulations is made together with the building application.
An independent application for deviation is only possible for building structures according to § 73 HBO. This is not possible for projects in the planned area that do not require approval (§ 63 HBO). In these cases, a decision on the deviation, exception or exemption must be made in an approval procedure.
Which documents are required?
- Application for deviation / exception / exemption according to § 73 Hessische Bauordnung - HBO - / § 31 Baugesetzbuch - BauGB - with justification and explanation of the compensation measure
- Real estate plan (site plan/extract from the real estate map) not older than 12 months and with dimensioned entry of the project
- You can find out about any other documents required from the building supervisory authority.
- If neighbouring rights are affected by the deviation / exception / exemption, the neighbourhood is involved. Obtaining the neighbour's consent in advance can significantly accelerate the procedure.
What are the fees?
For deviations from the building code, a fee range of 50.00 euros - 10,000.00 euros is provided; for exceptions under planning law, a fee range of 40.00 euros - 1,300.00 euros, for exemptions 40.00 euros - 20,000.00 euros. For exemptions with a volume of more than 1,000 m³ for special buildings, the fee range is 20,000.00 euros - 50,000.00 euros.
Legal basis
Who do I need to contact?
Further information can be obtained from the building supervisory authority (district / independent city / special state city).