Abweichungen von baurechtlichen Anforderungen beantragen
Inhalt
Begriffe im Kontext
- Kauf und Verkauf von Immobilien, einschließlich aller Bedingungen und Pflichten im Zusammenhang mit der Besteuerung, dem Eigentum oder der Nutzung von Immobilien (auch als Zweitwohnsitz)
Fachlich freigegeben am
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Would you like to realize a building project that does not comply with all building regulations? Then it may be possible to apply for a deviation under building regulations.
Building regulations are formulated in general terms, i.e. for standard cases.
Depending on the building project, strict application of the regulations may lead to unintended hardship or inappropriate solutions. In such atypical cases, it is possible to apply for deviations from building regulations, which can achieve the purpose of the regulations just as well.
You must apply for the approval of deviations in writing and justify them.
The building supervisory authority decides on deviations from local building regulations.
The conditions under which deviations can be approved can be found in § 67BbgBauO.
If a technical requirement is to be deviated from, proof must be provided to the approval authority that the purpose of this requirement is met in another way.
The application for a deviation must be submitted using the "Building application" form, must be justified and, if necessary, must be shown in construction drawings.
Fees of EUR 100 to EUR 5,000 are charged for the decision on deviations for each deviation. Additional fees may also be charged for the involvement of neighbors and the hearing of interested parties.
Submit your reasoned application for a deviation to the lower building supervisory authority.
The lower building supervisory authority will check whether the requirements for approval of a deviation are met.
You will receive a written decision on the result of the examination.
Decisions on isolated deviations are usually made within 6-12 weeks. There is no fictitious approval.
It is possible to appeal against the decision of the lower building supervisory authority.
- Building regulations are formulated in general terms, i.e. for standard cases.
- Depending on the building project, strict application of the regulations may lead to unintended hardship or inappropriate solutions. In such atypical cases, it is possible to apply for deviations from building regulations, with which the purpose of the regulations can be achieved just as well.