Deviations, exceptions and exemptions
If a planned building project violates, for example, the provisions of a development plan, uses one of the exceptions in the development plan or does not comply with material provisions of the HBO, an exemption, exception or deviation can be applied for. The application must be substantiated and will be reviewed.
A planned construction project must generally comply with the specifications of the respective development plan and adhere to the material requirements of the sections of the Hessian Building Code.
Sometimes, however, the plans deviate from these specifications in certain points for a variety of reasons. These can then be approved as deviations from the respective provisions of the Hessian Building Code (HBO) or exemptions or exceptions from the planning regulations, provided that public and neighbor-protecting interests do not conflict with this.
Exemptions, exceptions and deviations therefore offer the possibility of approving a building project, even if it deviates from the applicable legal regulations. This is a discretionary decision that is made by the building inspectorate, taking into account current case law, urban planning objectives and a protection-oriented consideration for each individual case. There is no legal entitlement here.
The application is subject to a specific form (BAB 10) and must be submitted in writing to the building inspectorate with the other building documents as part of the building permit procedure and must be justified. If neighboring rights are affected by the deviation or exemption, the neighbors must be involved in the approval process. It therefore speeds up the procedure considerably if you, as the applicant, already obtain the neighbor's consent to your deviation or exemption in writing.
Note:
In the building permit procedure, a decision on a requested deviation from the provisions of building regulations or an exemption or exception from planning regulations is made together with the building application.
For projects that do not require approval in accordance with Section 63 in conjunction with the HBO annex, deviations, exemptions and exceptions must be applied for in an "isolated procedure". In these cases, a decision is therefore only made on the deviation, exception or exemption in an approval procedure.
Please also refer to "Isolated procedure" further down the page.
Our consulting services
We offer you a comprehensive and diverse range of consulting services and are happy to advise you by phone via Skype, email or directly in person. Consultations on construction projects and the processing of construction projects take place according to regional responsibility.
Exceptions (from the development plan)
Exemptions
Deviations
Isolated application for deviation, exemption or exception
For projects that do not require approval in accordance with Section 63 in conjunction with the HBO Annex, deviations, exemptions and exceptions must be applied for in an "isolated procedure". In these cases, a decision is therefore only made on the deviation, exception or exemption in an approval procedure.
The form "Application for exceptions/exemptions (Section 31 BauGB)/deviations (Section 73 HBO)" BAB 10 from the Building Documents Decree 2022, amended on March 1, 2024, must be used for the application.
Date of application
For building projects that do not require planning permission but are subject to notification in accordance with Section 63, V Annex to the HBO, and which require a deviation, exemption or exception decision, the same requirements apply as for an isolated application. In this case, it makes sense to submit the isolated application at the same time as the notification in accordance with Section 63, V Annex to the HBO. In any case, the project may only be carried out once a positive decision has been issued.
Documents/ building documents
The following list provides an orientation as to which building documents may be required for an isolated application for deviations, exemptions and exceptions. You will receive further information on this during the preliminary consultation with the building inspectorate.
Type of building template | Number
Costs
Our consulting services
We offer you a comprehensive and diverse range of consulting services and are happy to advise you by video conference, email or directly in person if you wish. Consultations on construction projects and the processing of construction projects take place according to regional responsibility.
