Apply for deviations from requirements under building law, from stipulations of a development plan or an urban development ordinance, or from regulations of the Land Use Ordinance.

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

a) from the stipulations of a development plan,

b) of an urban development statute,

c) of the Building Use Ordinance,

d) of the Bremen State Building Code, or

e) of legal regulations based on the Bremen State Building Code,

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

This applies to construction projects requiring a permit as well as those requiring no permit and those not subject to a procedure. Even if the regulations from which the deviation is to be made 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 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 Building Code, even when neighboring interests are taken into account.

An exception to building law regulations (stipulations 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 the building regulations according to the Bremen Building Code and local building regulations based on the Bremen Building Code can be permitted if it is compatible with public concerns (in particular the general requirements of § 3 of the Bremen Building Code). In this context, the purpose of the respective requirement from which deviation is to be made must also be taken into account and the neighboring interests protected under public law must be appreciated.

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.