Misappropriation of residential space; application for a permit

Residential space may only be used for purposes other than residential in municipalities that have enacted a misappropriation statute with their official approval.

Description

The Act on the Prohibition of the Misappropriation of Housing (Zweckentfremdungsgesetz - ZwEWG) of December 10, 2007, last amended by the Act of June 19, 2017, authorizes municipalities with tight housing markets to determine by statute that housing may be used for purposes other than residential only 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 percent of the total area of the residential space is used or let for commercial or professional purposes (e.g. as a lawyer's 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. rented out to tourists several times at short notice via Internet portals) or remains 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.

Prerequisites

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.

Forms

Please select a location in "Localization" so that the address of the responsible authority can be filled in.

  • Prefillable Form, Bavaria-wide: Formloser Antrag (mit Unterschrift)
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Fees

  • It is at the discretion of the respective municipality to charge administrative costs for the enforcement of the ZwEWG. A cost statute is required as the legal basis for charging costs.

Legal bases

Remedy

Administrative court proceedings; information

administrative claim

Status:02.12.2022

Responsible for editing:Bayerisches Staatsministerium für Wohnen, Bau und Verkehr

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
Bild zur Leistungsbeschreibung

Responsible for you

If you select a location under "Localization" the contact details of the responsible authority and, if applicable, locally valid information will be displayed.

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