Misuse of the apartment
We clarify about the new purpose alienation statute!
The short-term rental of apartments via mediation platforms such as Airbnb or Wimdu has been very popular for some time. Some apartment owners now offer their rental or condominium not only temporarily - for example during the semester break or during their own vacation - but permanently for short-term rental. From an economic point of view, this is quite understandable, because the rent that can be achieved with short-term rentals is sometimes many times higher than the rent that can be achieved with “normal” rentals. However, critics blame the trend towards short-term rentals for rising rents and a shortage of living space in many large cities.
In order to protect housing, municipalities may, on the basis of Art. 1 of the Bavarian Law on the Exploitation of Degradation (ZwEWG), determine for areas in which the adequate supply of the population with rental housing is particularly endangered under appropriate statutes (...) that housing only works with may be used for purposes other than residential purposes (...). "
The Bavarian capital of Munich has made use of this possibility for some time now and for the first time in the year 2013 issued a so-called "Zweckentfremdungssatzung" (ZeS). The enforcement of the same was initially difficult. On the one hand, given the large supply of short-term rental apartments on the Internet, the responsible social services department simply did not have enough staff to carry out effective controls. On the other hand, the then existing legal regulations, and above all the initially maximum amount of fines of "only" 50.000, - €, were not sufficient to discourage particularly short-term commercial tenants.
After interim readjustment both by the Bavarian legislature, as well as by the city of Munich itself (among other things increase of the maximum fine on 500.000, - €, widening of the control powers, personnel increase, etc.) violations are pursued meanwhile however with great hardness.
At the 05.07.2019 also the city of Regensburg has issued a divisional divergent statute (ZeS). How and in particular with what rigidity the ZeS will be implemented and enforced in Regensburg in the future remains to be seen for the time being. In order not to risk a fine - which gem. § 13 ZeS up to 500.000, - € may amount to (!) - Short term landlords but should exercise caution anyway. It is indispensable to have at least a rough overview of the essential content of the statutes (available at: https://www.regensburg.de/fm/RBG_INTER1S_VM.a.253.de/r_upload/zweckentfremdungssatzung-regensburg.pdf ) To provide.
Central rule for the question of whether the own landlord activity may violate the ZeS is § 3 ZeS, which reads as follows:
(1) Housing is misappropriated if it is supplied by the authorized person (s) and / or the renter (s) other than for housing purposes. A misappropriation exists in particular if the living space
(2) A misuse is not present when
When "Wohnraum" iSd ZeS is present, regulates § 2 ZeS.
Yes, they exist. According to §§ 4-7 ZeS it is possible to have the misappropriation approved under certain conditions by the city of Regensburg. A permit is considered in the following cases:
The application for such approval is in accordance with. § 4 para. 5 ZeS to the City of Regensburg, Office for Urban Development.
Concerning. The question of whether such an application for approval in your specific case legally "makes sense", or in general with questions on the purpose of alienation order contact our office by phone, email or arrange a personal meeting at our offices in Regensburg or Landshut.