Building: Variation / Exception / Exemption

  • Performance specification

    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 Section 73 HBO. This is not possible for projects that do not require authorisation in the planned area (Section 63 HBO). In these cases, a decision on the deviation, exception or exemption must be made in an authorisation 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).

Responsible departments