Applying for deviations from building law requirements, from the provisions of a development plan or urban development statutes or from the provisions of the Land Use Ordinance

If your (building) project deviates from building regulations, e.g.

a) from the provisions of a development plan,

b) of an urban development statute,

c) of the Building Utilization Ordinance,

d) of the Bremen state building regulations or

e) of legal provisions based on the Bremen State Building Regulations,

you must apply separately for approval of the deviation, exception or exemption and justify it.

This applies to building projects that require approval as well as those that do not require approval and those that do not require a procedure. Even if the regulations that are to be deviated from are not examined in the approval procedure, an "isolated" approval must still be applied for. The lower building supervisory authority can then grant you approval for a deviation, exception or exemption under certain conditions.

Requirements

Exemption from the provisions of the development plan may be granted in accordance with Section 31 (2) of the German Building Code if the basic principles of the planning are not affected and

a) reasons of public welfare, including the housing needs of the population and the need to accommodate refugees or asylum seekers, require the exemption or

b) the deviation is justifiable in terms of urban development, or

c) the implementation of the development plan would lead to an obviously unintended hardship and

is compatible with public interests in accordance with Section 31 of the German Building Code, also taking into account neighboring interests.

An exception to building regulations (stipulations of a development plan or other urban development statutes or regulations of the Land Use Ordinance) may be permitted if it is expressly provided for in terms of type and scope.

A deviation from building regulations in accordance with the Bremen State Building Code and local building regulations based on the Bremen State Building Code may be permitted if this is compatible with public interests (in particular the general requirements of Section 3 of the Bremen State Building Code). The purpose of the respective requirement to be deviated from must also be taken into account and the neighboring interests protected under public law must be considered.

What documents do I need?

• Explanation of the required documents
  

  The application for deviations, exceptions and exemptions must be made using the official building application form of the supreme building supervisory authority published under Applications & Forms - The Senator for Building, Mobility and Urban Development (bremen.de). You will find the link under "Further information".

  In addition, those building documents must be submitted which are required for the assessment of applications for the approval of deviations, exceptions and exemptions in accordance with Section 67 (2) Sentence 2 of the Bremen Building Code for projects not subject to procedures and for exemption from approval.