Cutout despite takeover of clearance areas

Hello,

the following question has come up for me.
Our house is 3 m from the municipality's property boundary.
There is the access road to a public area.
We now need a transfer of setback areas here because the required setback area would be 4.59 m.
If the municipality agrees, is it possible to build under the permit exemption procedure or is a building permit application always required here? All other requirements according to the development plan are met.

We also have a [Abstandsflächenübernahme] and our building was approved as a freestanding structure.

If the municipality agrees here, it is possible to build within the approval exemption procedure

In NRW this would theoretically be possible. It is explicitly mentioned in the administrative regulations to the state building code: The possibility to deviate from building regulations even in the exemption regulation is explicitly provided for by the reference to § 68 para. 7 in § 67 para. 5. In these cases, however, a separate decision by the building supervisory authority on the approval of the deviation is required. Since Art. 58 BayBO and §67 Building Code NRW are formulated very similarly, I think that this also applies to Bavaria. In my assessment, under these conditions the municipality will, as a precaution, certainly demand the implementation of the approval procedure, it will be very difficult to find an architect who assumes responsibility, and the municipality will oppose assuming the setback areas. I would appreciate feedback if I am mistaken.

Since Art. 58 BayBO and §67 Bauordnung NRW are formulated very similarly, I think that also applies to Bavaria. In my assessment, the municipality will, as a precaution under these conditions, certainly demand the execution of the approval procedure, it will be very difficult to find an architect who assumes responsibility, and the municipality will resist taking over the clearance distances. I would appreciate feedback if I am wrong.

In our case (in Bavaria), the architect signed and submitted this as a clearance certificate. It went through without problems. The municipality handled the building application in the approval exemption procedure; there was no separate examination.

Brief feedback: the municipality has now gone ahead with the approval exemption procedure. And that even though the general contractor thought it wouldn't be possible and had submitted a building application. Sometimes you just have to be lucky.