Deviation from building permit in simplified procedure Art. 59 BayBO

Hello,

I have a question where I am not quite sure how to proceed:

For a plot of land to be developed with a single-family house with a garage, there is a development plan available. Since the planned garage deviates from the specifications in the development plan, a building permit is being applied for under the simplified procedure (Art. 59 BayBO).

Is it theoretically possible, upon approval of the planning, to make subsequent plan changes in the area of the single-family house (e.g. roof height) if this is permitted according to the development plan?

Or does one lose the building permit with the described change?

Thank you very much.

Is it theoretically possible to make subsequent plan changes in the area of the single-family house after approval of the planning (e.g. roof height) if this is allowed according to the development plan?

Yes, it is possible, but you must inform the approval authority if the change affects at least one § or article that needs to be reviewed. Roof height certainly counts, as it has both planning law relevance (e.g. max. building or eaves height, floor area ratio) and building code relevance (e.g. setback distances, habitable rooms).

Or do you lose the building permit with the described change?

You do not lose the permit; you are just not building the approved project, and that is illegal.

Simply compile the changed building documents and submit them to the authority. The entire building project is not re-examined, only the changes.

Thank you for the detailed response.

The roof height certainly counts, as it has relevance both in terms of planning law (e.g. max. building or eaves height, floor area ratio) and building regulations (e.g. spacing requirements, habitable rooms).

However, my planner and the construction company argue that the mentioned parameters would still not exceed the requirements in the development plan despite the change.

Furthermore, in the simplified procedure, only the deviation from the garage was given as the reason.

This deviation for the garage may have been approved because it appeared acceptable to the approver in light of the requested other parameters (roof height etc.). If one of these parameters is now changed, the special approval for the garage deviation may no longer be approvable.

If one of these parameters is now changed, the special permit for the garage deviation may no longer be approvable.

Yes, I see it similarly. However, the deviation is about 12 cm. This is actually very small considering the total height. Especially since the plot is not completely level and the original terrain can only be traced very difficultly later on. One could just as well dig 12 cm deeper and compensate for it that way. Basically, it is only noticeable if someone goes inside and measures. Are the 12 cm an argument for not approving the project? I don't think so.

Furthermore, in the simplified procedure, only the deviation from the garage was given as the reason.

Why didn’t you then apply for an isolated deviation and the rest as exemption from approval? Then it would be simple: the planner and the builder are responsible for compliance with the public-law regulations, the authority is 'out'. It is not like that, because it granted approval that is not followed in construction.

If you (builder, planner, contractor) agree and are confident that all regulations are complied with, then don’t hesitate but do it. It is not in accordance with the law, but if no one notices and especially no one is bothered...

I do not, however, see the problem in getting the changes approved by the authority. If they are really that minor, it might even work unbureaucratically with a green registration from the office.