Misappropriation of living space; application for a permit

The Act on the Prohibition of Misappropriation of Housing (Zweckentfremdungsgesetz - ZwEWG) of 10 December 2007, which was last amended by the Act of 19 June 2017, authorizes municipalities with tight housing markets to stipulate by statute that housing may only be used for non-residential purposes with their approval. The municipality itself decides whether there is actually a housing shortage in the municipal area and whether these tensions cannot be countered with other measures.

According to Art. 1 sentence 2 ZwEWG, misappropriation is deemed to have occurred in particular if more than 50 percent of the total area of the residential space is used or provided for commercial or professional purposes (e.g. as a law firm or 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 is vacant for more than three months.

Details, in particular whether and with what content the municipality has issued a misappropriation statute, can be obtained from the municipality itself.

Ban on the misappropriation of living space

The situation on the Erlangen housing market has been tense for years. In particular, the demand for affordable housing regularly exceeds the available supply. More and more households are having problems finding adequate housing in Erlangen.

The city council has therefore passed a statute prohibiting the misappropriation of housing. The statute makes transactions in which housing is permanently withdrawn from the housing market subject to approval. The aim is to return housing that is currently being used for purposes other than its intended purpose to the free housing market.

Non-purpose use can be

• the commercial or professional use of living space
• unauthorized letting as a vacation home
• vacancy
• demolition

Permission must be granted if overriding public interests or private interests worthy of protection outweigh the interest in preserving the living space. It may 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 municipal bylaws on misappropriation.

Permission must be granted if overriding public interests or private interests worthy of protection outweigh the interest in preserving the living space. 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 municipal bylaws on misappropriation.

Since the statutes of the city of Erlangen on the prohibition of misappropriation of living space came into force on February 7, 2020, the use of living space for purposes other than residential purposes has been subject to approval throughout the city of Erlangen.

General information on the required application documents can be obtained from the central planning acceptance office of the building inspectorate at planannahme@stadt.erlangen.de or by calling + (49) 09131 / 86 - 1068. All incoming applications are received, recorded and checked for completeness here. Only once the documents are complete will they be passed on to the responsible person. For more information on the law on misappropriation or the status of the procedure in a specific case, please contact zweckentfremdung@stadt.erlangen.de or call + (49) 09131 / 86 - 1427.

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