Residential property in areas with tourism functions; application for a permit for establishment or division

Tourist municipalities may determine by statute that the creation or division of condominium ownership is subject to approval.


Municipalities which as a whole or at least in parts are predominantly characterized by tourism may stipulate in a development plan or by another statute that the establishment or division of residential property or part ownership (§ 1 of the Residential Property Act - WEG) is subject to approval. The purpose of such a regulation is to preserve the tourism function of the municipality. More detailed regulations on this are contained in § 22 of the Building Code (BauGB).

The building permit authority decides on the approval in agreement with the municipality. In principle, approval may only be refused if the legal transaction covered by the approval requirement in each case impairs the purpose of the area for tourism and thus the urban development and order.


Approval requires an application to the appropriate building permit authority.

Legal bases

Status: 09.02.2022

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

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