Deviations, exceptions and exemptions
If, for example, a planned building project violates the stipulations or makes use of one of the exceptions in the development plan or does not comply with material regulations of the Hessian Building Code (HBO), an exemption, exception or deviation can be applied for. The application must be substantiated.
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 process, decisions regarding a requested deviation from building code regulations or an exemption or exception from planning regulations are made concurrently with the building application.
For projects that are exempt from approval pursuant to §63 in conjunction with Annex HBO, deviations, exemptions, and exceptions must be applied for in a “separate procedure.” In these cases, therefore, the approval process will only address the deviation, exception, or exemption.
Please also refer to “separate procedures” 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 telephone via video conference, 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 are exempt from approval under Section 63 in conjunction with Annex HBO, deviations, exemptions, and exceptions must be applied for through a "separate procedure." In such cases, the approval procedure is limited to deciding on the deviation, exception, or exemption.
Date of application
For construction projects that do not require a building permit but are subject to notification under Section 63, IV of the Annex to the HBO, and that require a decision granting a deviation, exemption, or exception, the same requirements apply as for a standalone application. In such cases, it is advisable to submit the standalone application at the same time as the notification under Section 63, IV of the Annex to the HBO. In any case, the project may not be carried out until 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 application
Costs
Our consulting services
We offer you a comprehensive and diverse range of consulting services and are happy to advise you by telephone, video conference, email or directly in person. Consultations on construction projects and the processing of construction projects take place according to regional responsibility.
