Applying for deviations, exemptions and exceptions from building law requirements
Service description
You must comply with the regulations, such as the building regulations, when realising your building project. However, if your project deviates from this, you must submit an application:
This applies to:
- Deviations from building code requirements,
- Exceptions or exemptions from building planning regulations and
- Exceptions to regulations of the Building Utilisation Ordinance.
Please give reasons for your application.
Procedure
- You can apply for a deviation, exception or exemption from building regulations digitally or in writing.
- Proceed as follows for written applications:
- Submit the application and specify which deviation from building regulations requirements, exception or exemption from building planning regulations or exception from regulations of the Building Utilisation Ordinance you would like to achieve.
- Submit the application to the responsible lower building supervisory authority.
- If necessary, they will ask you to make an advance fee payment.
- Make the advance payment.
- The lower building supervisory authority will examine your application and issue a decision and a fee notice.
- Pay the fees.
Who should I contact?
The responsibility lies with the respective lower building supervisory authority.
- Overview of the building supervisory authorities in Saxony-Anhalt
You can find the building supervisory authority responsible for your building project here:
- Overview of the building supervisory authorities in Saxony-Anhalt
Prerequisites
A building project is exempt from authorisation if
- it lies within the scope of a development plan within the meaning of Section 30 (1) of the German Building Code (BauGB) or Sections 12 and 30 (2) of the German Building Code,
- it does not contradict the provisions of the development plan or necessary exceptions or exemptions have been granted,
- the development is secured within the meaning of the Building Code and
- the competent authority does not declare within the deadline pursuant to Section 61 (3) sentence 2 Bauordnung des Landes Sachsen-Anhalt (BauO LSA) that the simplified building permit procedure is to be carried out, or applies for a provisional prohibition pursuant to Section 15 (1) sentence 2 BauGB.
Which documents are required?
Application (digital or written) with justification
What fees are incurred?
The fees depend on the following factors:
- Effort required to check the deviation
- Expected construction costs
Advance payment: Nohttps://www.landesrecht.sachsen-anhalt.de/bsst/document/jlr-BauGebVST2006V6Anlage1For the authorisation of a deviation or exemptionAdvance payment: Nohttps://www.landesrecht.sachsen-anhalt.de/bsst/document/jlr-BauGebVST2006V6Anlage1For the authorisation of an exceptionWhat deadlines do I have to observe?
There are no deadlines to observe.
Legal basis
- Building Code (BauGB)
- Building Utilisation Ordinance (BauNVO)
- § Section 74 Building Regulations of the State of Saxony-Anhalt (BauO LSA)
- Building Fees Ordinance (BauGVO)
- Ordinance on building documents and building inspectorate notifications (Bauvorlagenverordnung BauVorlVO)
- Annex for the administrative regulation for the introduction of technical building regulations
Legal remedy
You can lodge an objection.
What else should I know?
There are no indications or special features.
Further information
- Information from the Ministry of Infrastructure and Digital Affairs - Planning permission
When planning and authorising a building project, a number of building regulations and planning regulations must be observed.
- Overview of public building law
- Information from the Ministry of Infrastructure and Digital Affairs - Planning permission
Short text
- Deviations, exemptions and exceptions from building law requirements Authorisation
- More detailed information can be obtained from the responsible lower building supervisory authority
- Responsible: lower building supervisory authority
Author
Ministry of Infrastructure and Digital Affairs of Saxony-Anhalt
Forwarding service: Deep link to the original portal- Applying for exemption from the development plan in Saxony-Anhalt
Display of performance in the source portal
- Applying for exemption from the development plan in Saxony-Anhalt
Typing
4Applications / Forms