The State Law on the Prohibition of the Misuse of Residential Space (ZwEWG) authorizes municipalities in which the adequate supply of rental apartments to the population at reasonable conditions is particularly at risk to stipulate by statute that residential space may only be used for purposes other than residential purposes with their approval.

A change of use is deemed to have taken place in particular if

1.  more than 50% of the living space is used or let 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 or otherwise used for the purpose of accommodating guests for more than a total of twelve weeks (84 days) in a calendar year,
4. is vacant for more than six months without interruption, or
5. is demolished. 

It is up to the respective municipality to decide which cases of misuse to include in its statutes and thus make subject to approval. The details of the prohibition of misuse can also be found in the municipal statutes.

The municipal administration that issued the statute on misuse of property will inform you which documents you need.

Please contact the municipality that issued the misuse statute for further information.  

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