Exemption procedure or building permit

Hello everyone,

I have a question regarding this and hope someone can help me.

In general, according to Art. 58 BayBO, we are allowed to build under the exemption procedure in a new development area designated by the municipality.

The recommendation from the FH company in this regard is to always submit a building application for legal certainty.

Now I am wondering if that really makes sense. Fees for the exemption procedure at the municipality are around €150, building permits probably cost well over €1.5k if I have researched correctly. Not to mention the time factor, although apparently the time for approval is already included by the manufacturer.

So my question: Does anything justify this enormous additional effort, or is this just excessive precaution on the part of the FH manufacturer.

Thank you very much and best regards

King Julien

Hello everyone,

I have a question about this and hope someone can help me.

In general, we should be allowed to build under the exemption procedure according to Art. 58 BayBO, in a new development area designated by the municipality.

The recommendation from the FH company regarding this is to always prefer to submit a building application, for legal certainty.

Now I wonder if that would seriously make sense. The fee at the municipality for the exemption procedure is 150 €, a building permit probably costs well over 1,500 € if I have researched this correctly. Not to mention the time aspect, although apparently the time for approval is already included by the manufacturer here.

So my question is: Does anything justify this enormous additional effort, or is it an exaggerated precaution on the part of the FH manufacturer?

Many thanks and best regards,

King Julien

The approval exemption is also a building application. As long as you comply with your development plan and the state building regulations of your federal state, it is equivalent. But with significant deviations from the development plan, I would always choose the approval procedure.

Example: You build according to the development plan but take an isolated exemption for a larger roof overhang (in our case 40 € per deviation), all current neighbors find it okay and sign. After years, your neighbor sells and the new neighbor dislikes it and complains. You can replace the circumstance with anything, such as the height of the embankment, building height relative to the street, etc.
Maybe you are on the safe side with the isolated exemption. Without it, definitely not, and afterwards claiming you missed or didn’t understand something does not count either. Saying the general contractor was at fault also doesn’t count.

Therefore, your general contractor must know the development plan inside out; since this is complicated, they naturally try to secure themselves with the costly approval.

Because, as far as I know, an approval exemption is only acknowledged, forwarded to the district office, and archived. There is no checking whether you intend to build correctly!

If there is a significant deviation from the development plan, I would always choose the approval procedure.

We plan to adhere exactly to the development plan.

Thank you for your response

We plan to adhere precisely to the development plan. Thank you for your response

You're welcome. That's what I've always said too

Whether it is really 1.5k in Bavaria, I do not know. Here in NRW it was around 500€. I wouldn’t skimp on that, provided you have the time. The legal certainty is worth it.

I don't know if it is really 1,5k in Bavaria.

I read something about 0.5% of the construction sum. That would then be over 1500€. If the benchmark is correct.