Zweckentfremdung von Wohnraum; Beantragung einer Genehmigung

The Act on the Prohibition of the Misappropriation of Residential Property (Zweckentfremdungsgesetz - ZwEWG) of 10 December 2007, which was last amended by the Act of 19 June 2017, empowers municipalities with tight housing markets to determine by statute that residential property may only be used for non-residential purposes with their approval. Whether there is actually a housing shortage in the municipality's area and these tensions cannot be countered by other measures is a matter for the municipality to judge for itself.According to Art. 1 Sentence 2 ZwEWG, a misappropriation exists in particular if more than 50 per cent of the total area of the residential space is used or let for commercial or professional purposes (e.g. as a law office or as a physiotherapy practice), is used for tourist accommodation purposes for more than a total of eight weeks in a calendar year (e.g. is let several times at short notice to tourists via internet portals) or is vacant for more than three months.Details, in particular whether and with what content the municipality has issued a statute on the misappropriation of property, can be obtained from the municipality itself.

Related Links

  • Formloser Antrag (mit Unterschrift)

Preconditions

Permission must be granted if overriding public interests or private interests worthy of protection outweigh the interest in preserving the housing. It can be granted in exceptional cases if, for example, replacement living space is created for the loss of the living space or a compensation payment is made. Further details can be found in the respective misappropriation statutes of the municipality.

Related Links

  • Gesetz über das Verbot der Zweckentfremdung von Wohnraum (ZwEWG)

Responsible for the content
Bayerisches Staatsministerium für Wohnen, Bau und Verkehr (Bavarian State Ministry of Housing, Building and Transport)

Last update or date of publication
20.08.2021