Change of Use of Residential Space; Application for a Permit

The Act Prohibiting the Misuse of Residential Space (Misuse of Residential Space Act—ZwEWG) of December 10, 2007, as last amended by the Act of June 19, 2017, authorizes municipalities with tight housing markets to stipulate in their bylaws that residential space may be used for purposes other than housing only with their approval. The municipality itself determines whether there is actually a housing shortage within its jurisdiction and whether these constraints cannot be addressed by other measures.

According to Article 1, sentence 2 of the ZwEWG, a change of use occurs in particular if more than 50 percent of the total area of the residential space is used or made available for commercial or professional purposes (e.g., as a law office or a physical therapy practice), is used for the purpose of accommodating guests for more than a total of eight weeks in a calendar year (e.g., rented out to tourists multiple times on short notice via online platforms), or stands vacant for more than three months.

Details—in particular, whether the municipality has enacted a bylaw regarding misuse of residential property and, if so, its specific provisions—should be obtained directly from the municipality.

Prohibition on the Misuse of Residential Space

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

The City Council has therefore adopted an ordinance prohibiting the misuse of residential property. The ordinance requires that any actions permanently removing housing from the housing market be subject to approval. The goal is to return housing currently being used for purposes other than residential use to the open housing market.

Non-residential use may include:

• the commercial or professional use of residential space
• unauthorized rental as a vacation rental
• vacancy
• demolition

Permission must be granted if overriding public interests or private interests worthy of protection outweigh the interest in preserving the housing. It may be granted in exceptional cases, for example, if replacement housing is provided to compensate for the loss of the original housing or if a compensatory payment is made. Further details are set forth in the municipality’s respective ordinance governing changes in land use.

Permission must be granted if overriding public interests or private interests worthy of protection outweigh the interest in preserving the housing. It may be granted in exceptional cases, for example, if replacement housing is provided to compensate for the loss of the original housing or if a compensatory payment is made. Further details are set forth in the municipality’s respective ordinance on the misuse of residential property.

Since the ordinance of the City of Erlangen prohibiting the conversion of residential space came into effect on February 7, 2020, the use of residential space for purposes other than housing has been subject to approval throughout the entire city of Erlangen.

General information regarding the required application documents can be obtained from the central planning office of the Building Inspection Authority at planannahme@stadt.erlangen.de or by calling + (49) 09131 / 86 - 1068. This is where all incoming applications are received, recorded, and checked for completeness. Only once the documents are complete are they forwarded to the case officers. For information regarding the law on change of use or the status of a specific case, please contact zweckentfremdung@stadt.erlangen.de or call + (49) 09131 / 86 - 1427.

It is at the discretion of each municipality to charge administrative fees for the enforcement of the ZwEWG. A fee ordinance is required as the legal basis for charging these fees.