Deviation from the building application

What happens if the construction execution deviates from the building application (in the exemption procedure)? In my case, the house is about 25 cm higher and 25 cm shorter than stated in the building application. The planning in the building application, as well as the actual construction with the changes, are within the specifications of the development plan. Can these deviations lead to problems with the building authority?

Thank you

Good evening,

What happens if the construction execution deviates from the building application (in the exemption procedure)?

In NRW this is called a simplified approval procedure. In NRW as in RP, it applies that the architect who created and submitted the plans is liable with his signature for compliance with the building law as well as the specifications of the development plan.

In my case, the house sits about 25 cm higher and is 25 cm shorter than stated in the building application.
The planning in the building application, but also the actual construction with the changes, are within the specifications of the development plan.
Can these deviations lead to problems with the building authority?

In NRW there is - in the simplified approval procedure - no classical building acceptance, because - as described above - the plan creator is liable for compliance with the building law as well as the specifications of the development plan. I think that in RP, in the exemption procedure, it will hardly be different.

However, you will still be noticed ... namely during the final surveying of the completed building shell. The surveyor forwards this data to the land registry or cadastral office; he is required to forward it. And then it will become apparent that you have significantly deviated from the approved planning.

I am not sure whether both deviations can be legalized by means of an addendum to the exemption application; I do not know the procedure in RP. Therefore, I want to advise you - especially since you are aware that you have significantly deviated from the approved planning - to act yourself and in good time!

Who is responsible for the deviation from the approved planning?

Regards from the Rhineland

Yes, here as well the documents only need to be reviewed to determine whether an exemption procedure can be carried out. I understand that approved plans must not be deviated from. But here the plans themselves are not approved, and therefore I would have assumed that I can deviate within the [B-Plan]. Anyone have experience with this? Best regards

But you will still be noticed … namely during the final measurement of the finished building shell. The surveyor forwards this data to the cadastral or property office; he is required to do so. And then it becomes apparent that you have significantly deviated from the approved planning.

At least for NRW it applies: A nice answer - but unfortunately wrong.

No verification of the building application takes place as part of the measurement. Ultimately, that is logical, because for the accuracy of the cadastral map it is completely irrelevant what was once applied for somewhere at some time (or not applied for at all); what matters is what relevant buildings actually exist. These are entered into the cadastre in terms of accuracy and completeness – finished.

Even encroachments are only recorded in the cadastre for informational purposes, i.e. documented but not pursued further.

However, this does not exempt architects/building owners from their obligations in the exemption procedure, even if the building is or will be measured differently than in the building application. These are basically two processes that have almost nothing to do with each other.

The procedure is probably similar in RP.

Best regards
Dirk Grafe

How was it with the old house ...?

Thanks for the correction Dirk!


Rhenish greetings from on the road
Construction expert