Misappropriation of living space, advertisement and approval

Prerequisites

A prerequisite for misappropriation without a permit within a time window of eight weeks is authorization to use regular living space (main residence). For secondary apartments, a permit is required from the first day of non-intended use.

Before commencing use for a purpose other than that intended, a test and, if necessary Requirement to be submitted to and by the competent authority. Possibly. a public or private interest or the creation of replacement living space within Hamburg must be proven as a prerequisite for a permit. The granting of the permit is subject to a fee.

Documents required

Application, proof of ownership, evidence of the recognition of a public or private interest, or building permit for additional living space

Please note

The transfer of living space to changing users for non-permanent residential use is an illegal misappropriation if it is used for more than 56 days per year - if there is no approval. This applies to both rental apartments and owner-occupied apartments, regardless of whether the living space is made commercially, at "cost price" or free of charge.

If vacancies of more than 4 months or commercial use of living space are found, these can be reported for review. The district offices are following up on the clues.

Deadlines

Check / advice by the competent authority before starting the unintended use.

Procedure

Before commencing use for a purpose other than that intended, a test and, if necessary Requirement to be submitted to and by the competent authority. Possibly. A public or private interest or the creation of replacement living space within the FHH must be proven as a prerequisite for a permit. The granting of the permit is subject to a fee.

Processing time

4-6 weeks (provided all documents are available).

Fees

530 - 19,888 EUR

Legal basis

Hamburg Housing Protection Act - HmbWoSchG