Deviation from the development plan in the new construction area is possible

: yes, that's exactly it. The municipality is currently in the process of changing the development plan. Unfortunately, it just takes its course, about 6 months, and my question was whether I can get a deviation / exemption from somewhere until then, so that I can ALREADY build now as it will be stated later in the development plan.

The issue with the architect is, as I described above, somewhat more complex. For measuring the distance area, the dimension H is used. This is calculated according to the BayBO, which we did not understand, because our development plan contains its own method for calculating H. What we or the architect did not know was that this new H applies to other regulations but not to the distances. BayBO applies to that, and this was only noticed when the plan was submitted and rejected after the exemption procedure.

And it is like this: we did get a plan drawn by the architect that can be approved. It is just very ugly, but buildable. I see it this way: if there were no buildable solution, then the architect would have to take care of it.

: I want to keep a reasonable distance to the north at the back, and with, for example, 5 meters everything would be great and that would also be possible if the natural terrain is not used for H. Because this leads to plus 1.9 m for us. The word "natural" is not even in the BayBO, so how am I supposed to know when I buy a plot of land what exactly it will look like afterwards. Besides, I would have bought the plot even if only a doghouse were allowed on it, I am just glad to have one at all. But logically I am now trying to do the best possible so that we can still build optimally on it, instead of 7.80 at the back.

and my question was whether I can get a deviation / exemption from somewhere by then, so that I am allowed to build NOW the way it will later be stated in the development plan.

... and the answer is: No.

I read Statement 1 again. I understand: It is a piece of land sloping to the north. Rather narrow, but deep. You have the access path in the south. You would have to place the building body close to the access path, then almost 8 m of garden would remain to the border at the back. That is nice. It gets sun from the west in the evening, partly already in the afternoon. What do you want? That is great. 8 m of free space is not too much. Less would be cramped. Be happy and build it like that. Karsten

Hey Karsten, yes, when I read through it like this, I will have to come to terms with it, and the way you write it, it almost sounds nice.....in my head, I have a long narrow plot of land that is only built upon in the front southern third....

Attached is a quote from the leaflet of the Bavarian Chamber of Architects:

4.
Important note
The determination of the setback areas and their compliance is not subject to examination in the simplified building permit procedure (only in case of requested deviations: Art. 59 sentence 1 no. 2) and is only examined in the building permit procedure (Art. 60 sentence 1 no. 2), the architect – already previously responsible for compliance with the setback area regulations – lacks the corrective by the building supervisory authority in the simplified building permit procedure as was the case with the exemption from approval. Therefore, special care is required during planning regarding the setback areas. Otherwise, there is a great risk that in the case of incorrect dimensioning of setback areas, this error will only become apparent when the building has been erected or the construction is already well advanced. Correction is then difficult.

Therefore, we were already lucky that the municipality actually checked it with us, otherwise there would have been real problems!
It continues:

If deviations from setback areas become necessary, a deviation application must be submitted (Art. 63 para. 2 sentence 1 first half-sentence). This application must be justified in writing (second half-sentence) and, if necessary, supplemented in plan form and with calculations. The deviation application is also examined by the approval authority in the simplified building permit procedure (Art. 59 sentence 1 no. 2).

Sorry if I don’t understand you well enough here, but for me this sentence means that I can obtain a different setback area by application, if everyone cooperates.

: what exactly does this mean:

“The development plan does not yet contain any determination that allows deviation from the State Building Code. Therefore, the municipality is not responsible.”

So the development plan contains all sorts of things, e.g., regulations on type of construction, height level of the buildings, etc... It doesn’t just say: everything only according to BayBO, do you mean that?
But it does say: The setback areas according to Art. 6 BayBO have priority over the distances of the building boundaries to the properties.

It may perhaps take too long with a building application as Maria says, but I could take that route; it is a difference if the construction start is delayed by 6 months or 2.

I’m going in circles. I’m supposed to comply with the BayBo as stated in the development plan, but I would like to deviate from it regarding the setbacks. For that, I have to go to the district office. But they do not grant me a permit upon application because I am not deviating from the determinations of the development plan and say I should turn to the municipality. But the municipality can’t do anything either because I am not deviating from the determinations of the development plan. Therefore, if at all, only the district office can help me further?

*Sigh.*

.in my mind, I have a long narrow plot that is only built on in the front southern third....

... which has very little to do with reality.

Rather narrow, but deep.

I see something you don't see and it is almost 22m x 33m in size. I leave the assessment of the description to you.

You would have to be close to the access road with the building body

... could... . A strip of 3m from the northern and southern boundary respectively may not be built on, otherwise free choice of building position.