Source: BUS Sachsen-Anhalt (Linie6Plus)

Applying for deviations, exemptions and exceptions from building law requirements

Description

You must comply with the regulations, such as the building regulations, when realizing your building project. However, if your project deviates from this, you must submit an application:

This applies to:

Deviations from building regulations requirements,
Exceptions or exemptions from building planning regulations and
Exceptions to regulations of the Building Utilization Ordinance.

Please give reasons for your application.

Prerequisites

A building project is exempt from approval 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 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 temporary prohibition pursuant to Section 15 (1) sentence 2 BauGB.

Required documents

Application (digital or written) with justification

Fees (costs)

The fees depend on the following factors:

Effort for the examination of the deviation
Expected costs of construction

Fee: 50,00 - 5000,00 EUR
Payment in advance: no
https://www.landesrecht.sachsen-anhalt.de/bsst/document/jlr-BauGebVST2006V6Anlage1
For the approval of a deviation or exemption

Fee: 50,00 - 500,00 EUR
Payment in advance: no
https://www.landesrecht.sachsen-anhalt.de/bsst/document/jlr-BauGebVST2006V6Anlage1
For the approval of an exception

Deadlines

There are no deadlines to observe.

Legal remedy

You can lodge an objection.

Responsible body

The responsibility lies with the respective lower building supervisory authority.

Building supervisory authorities in Saxony-Anhalt

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 state in it which deviation from building code requirements, exception or exemption from building planning regulations or exception from regulations of the Land Use Ordinance you would like to achieve.
Submit the application to the responsible lower building supervisory authority.
If necessary, the authority will ask you to make an advance fee payment.
Make the advance payment.
The lower building supervisory authority will check your application and issue a decision and a fee notice.
Pay the fees.