Procedure descriptions
Even projects not subject to the planning process must, just like those requiring planning permission, comply with public law provisions (see Section 50(5), first sentence, of the State Building Regulations for Baden-Württemberg (LBO). If they do not, a derogation, exemption or dispensation is required for projects not subject to planning permission, for which a separate application must be made (see Section 56(6) of the LBO).
Apply for exemptions from building regulations, from the provisions of a local development plan or town planning regulations, or from the provisions of the Land Use Ordinance in the case of building projects not subject to a simplified procedure
Even projects not subject to the planning process must, just like those requiring planning permission, comply with public law provisions (see Section 50(5), first sentence, of the State Building Regulations for Baden-Württemberg (LBO). If they do not, a derogation, exemption or dispensation is required for projects not subject to planning permission, for which a separate application must be made (see Section 56(6) of the LBO).
This application is particularly relevant where the project is exempt from planning permission or where applications for derogations, exceptions and exemptions are to be granted retrospectively
A fee is payable for this decision.
Responsible department
Lower-level building authority
Details
Prerequisite
Applications for deviations, exemptions and waivers relate to provisions and stipulations under both building regulations and town and country planning law. Key provisions include, for example, Section 56 of the State Building Regulations (LBO) or Sections 31, 34(3a) and (3b), and Section 246e of the Building Code (BauGB).
Procedure
Applications are submitted digitally via – the Virtual Building Authority (Viba-BW) – to the lower building authority
Deadlines
none
Required documents
- Completed application form, including the reasons for the deviation
- Additional documents, depending on the individual case:
- Site plan
- Construction drawings
- Calculation of the permissible, existing and planned extent of building use for building projects falling within the scope of a local development plan that contains provisions on this matter
Costs
A fee is payable for this decision. You can find the exact fees in the relevant local authority’s building fees by-law or building fees regulation.
Miscellaneous
none
Release note
Machine generated, based on the German release by: Ministerium für Landesentwicklung und Wohnen Baden-Württemberg, 06.10.2026