Applying for approval for misappropriation of living space

The State Act on the Prohibition of Misappropriation of Housing (ZwEWG) authorizes municipalities in which the adequate supply of rental housing for the population on reasonable terms is particularly at risk to stipulate by statute that housing may only be used for non-residential purposes with their approval.

A misappropriation is deemed to exist in particular if the living space

1. more than 50% of the living space is used or made available for commercial or professional purposes,
2. is structurally altered or used in such a way that it is no longer suitable for residential purposes,
3. is rented out as a vacation home for more than a total of twelve weeks (84 days) in a calendar year or is otherwise used for tourist accommodation purposes,
4. is vacant for more than six months without interruption or
5. is removed.

It is up to the respective municipality to decide which cases of misappropriation it includes in its bylaws and thus makes subject to approval. The more detailed form of the ban on misappropriation can also be found in the municipal statutes.