Apply for deviations, exemptions and exemptions from building law requirements
Description
You must comply with the regulations, such as the building code, when realizing your construction project. However, if your project deviates from this, you will need to submit an application:
This applies to:
- deviations from building code requirements,
- exemptions or exemptions from building planning determinations, and
- Exceptions to the regulations of the Building Use Ordinance.
Please give reasons for your request.
A construction project is exempt from authorisation if:
- it is within the scope of a development plan within the meaning of Section 30 (1) of the Building Code (BauGB) or Sections 12 and 30 (2) of the Building Code,
- it does not contradict the stipulations 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 period pursuant to Section 61 (3) sentence 2 of the Building Code of the State of Saxony-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.
Application (digital or written) with justification
The fees are as follows:
- for the admission of a derogation or exemption, €50 to €5,000;
- for the admission of an exemption from €50 to €500.
They depend on the following factors:
- Effort required to check the deviation
- Expected costs of construction
The construction project may begin one month after submission of the required documents to the competent authority.
If the client wishes to commence the execution of the construction project more than three years after the construction has become permissible in accordance with Section 61 (3) sentences 2 and 3 of the Building Code of the State of Saxony-Anhalt (BauO LSA), Section 61 (3) sentences 1 to 4 BauO LSA shall apply accordingly.
You can file an objection.
The responsibility lies with the respective lower building supervisory authority.
Forms/online services available: yes
Written form required: no
Informal application possible: no
Personal appearance required: no
- You can apply for a deviation, exception or exemption from building regulations digitally or in writing.
- If you submit a written application, proceed as follows:
- Submit the application and indicate in it which deviation from building code requirements, exception or exemption from building planning law determinations or exemption from regulations of the Building Use Ordinance you would like to achieve.
- Submit the application to the competent lower building supervisory authority.
- If necessary, they will ask you to pay a fee in advance.
- Make the advance payment.
- The lower building supervisory authority will examine your application and issue a notice and a fee notice.
- Pay the fees.
There are no clues or peculiarities.
31.05.2023
Ministry of Infrastructure and Digital Affairs of the State of Saxony-Anhalt
The text was automatically translated based on the German content.
