Derogation permits
General information on derogation permits
NOTE! On 1.1.2025, a new Building Act will enter into force. At the same time, the planning permit procedure has ended. From the beginning of 2025, the conditions for siting also in a planning need area will be determined in connection with the building permit or, if the applicant so wishes, in a separate siting permit, which will be decided by the municipal building control authority. In the planning need area, the planning authority will issue an opinion on the siting permit.
A derogation permit is required if you intend to build in contravention of the zoning regulations or building regulations. A derogation is also required for building on the waterfront, if there is no plan directly governing the building on the site. The Head of Planning, in accordance with the Municipal Administrative Regulations, decides on deviations from the zoning plan and from the waterfront, as well as on other matters defined in the Zoning Act. Deviations from matters defined in the Building Act are decided by the municipal building control authority (e.g. the municipal building regulations).
The municipality may, for justifiable and special reasons, grant an exception to the provisions, regulations, prohibitions and other restrictions on construction. The derogation must not be detrimental to town and country planning, the implementation of the plan or other organisation of land use, or hinder the achievement of the objectives of nature conservation or the protection of the built environment. No derogation shall be granted if it leads to construction with a significant impact or otherwise causes significant adverse environmental or other impacts.
The derogation decision is valid for two years from the date on which it becomes final. If a building permit has not been applied for within the period of validity of the decision, a new application for a derogation must be made.
Applications for authorisations are primarily made via the e-service (point 1). Or on a paper form to be submitted to the customer service of the building control (point 2).
- LINK TO THE ELECTRONIC AUTHORISATION SERVICE
Click here for building permits and applications. Follow the instructions to create a username or log in if you have used the permit service before. Here you can do everything electronically and do not need to submit anything to the municipality on paper. - If you are unable to do this online, fill in the paper application form below, print it out and submit it with the other necessary supporting documents to the Building Control Customer Service. (Paper application forms to be filled in by hand are also available from the Building Control Customer Service).
See the printable guide below for information on the documents required. There is also a link below to an electronic/printable form (here the Neighbour Consultation form is attached to the application form). In addition, below is a separate neighbour consultation form.
Guidance for the applicant for a derogation
Application form to be filled in electronically (to be opened with Adobe Acrobat Reader)
Electronically fill in the neighbour consultation form
Fees
Deviation from the status plan or general plan: 350 €
Derogation from the coastline (§ 72 AKL): € 520.
Separate planning permission for a building site in a planning need area (RakL § 46) 630 €.
Hearing of a neighbour or interested party by the municipality: 120 €
In addition, the costs of copying the consultation documents will be charged if the applicant does not submit them to the permit procedure.
Publication of the application in a newspaper: € 100
In addition, the actual costs of publication and advertising will be charged.
If the application is rejected or the applicant withdraws the application before the decision is issued, but a draft decision has already been prepared, 50% of the fee will be charged, subject to a minimum of €200.
