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Misappropriation of living space, advertisement and approval

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Detailed description

Living space may only be used for purposes other than residential with permission. Approval must be applied for at the district office in whose district the apartment is located. The use of living space for commercial or freelance purposes, e.g. offices, medical practices, holiday homes, etc., as well as vacancies and the demolition of living space represent a misappropriation of living space.

Permission-free non-purpose housing use is subject to an entry in the housing protection register.

 

Information

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

212 EUR to 5,065 EUR

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Last updated: 09.10.2024