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Applying for deviations from building law requirements, from the provisions of a development plan or urban development statute, or from the regulations of the Building Use Ordinance

  • Unternehmensstart und Gewerbezulassung
  • Bauen und Immobilien

If your (construction) project deviates from building regulations, you must apply for approval of the deviation. This also applies to deviations from regulations that are not examined in the building permit procedure.

  • Basic information

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

    a) the stipulations of a development plan,

    b) an urban development statute, 

    c) the German Land Use Ordinance (Baunutzungsverordnung), 

    d) the Bremen State Building Regulations, or 

    e) 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 or procedures. Even if the regulations from which you wish to deviate are not examined in the approval procedure, you must still apply for an "isolated" approval. The lower building supervisory authority can then grant you approval for a deviation, exception or exemption under certain conditions.

    Requirements

    Exemptions from the provisions of the development plan may be granted in accordance with Section 31(2) of the Building Code if the basic principles of the plan 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 from an urban planning perspective, or

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

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

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

    A deviation from building regulations under the Bremen State Building Code and local building regulations based on the Bremen State Building Code may be permitted if it is compatible with public interests (in particular the general requirements of Section 3 of the Bremen State Building Code). In doing so, the purpose of the respective requirement from which the deviation is to be made must also be taken into account and the publicly protected interests of neighbours must be assessed.

  • Procedure

    Deviations from building law requirements, stipulations of a development plan, urban development statutes or regulations of the Building Use Ordinance You can apply for approval online or in writing.

    Online application

    • You can submit applications in digital form via the online service. 
    • After successfully logging in via a user account, you will be guided through the form step by step.
    • Have the necessary attachments to your application ready for upload.
    • After submitting your application, you will receive a confirmation of receipt.
    • All communication with the authorities regarding your application should be conducted via the online service. 
      • The online service allows you to send and receive messages for this purpose. The authority'
      • s decision will also be communicated electronically via the online service.
    • Further information is available directly in the online service.

    In writing

    • You submit the application in writing using the published form. Please enclose the required building documents.
    • Submit the application documents to the competent lower building supervisory authority. If any documents are missing or there are other uncertainties, you will be asked to remedy these obstacles to approval. In this case, submit the missing or amended documents and/or clarification.

    The lower building supervisory authority will review your application and involve the municipality and those bodies whose participation or consultation is required for the decision on your application or without whose opinion the requested deviation, exception or exemption cannot be assessed. You will then receive a decision.

    The approval of deviations, exceptions and exemptions is subject to a fee.

  • Necessary Documents
    • 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.

  • Online Services

  • Forms

  • Fees / Costs

    The amount of the fee is based on Section 1 of the Construction Costs Ordinance, tariff numbers 101.15 to 101.17 and depends on the type of deviation applied for.

  • Deadlines & processing time

    What deadlines must be paid attention to?

    In accordance with Section 73 (1) of the Bremen State Building Code, approvals for deviations, exceptions and exemptions expire if construction of the building project has not begun within three years of being granted or if construction has been interrupted for more than one year.

    How long does it take to process

    The lower building supervisory authority should decide on the application within twelve weeks after the completeness of the application has been confirmed in accordance with Section 69 (3) of the Bremen State Building Code.

  • Legal Bases

  • More Information

This page has been automatically translated by DeepL. We cannot guarantee that the translation is correct.

The official information in German is complete and correct. 24.02.2026

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