Preservation statutes - authorisation of construction measures

Description

The conservation statutes protect the composition of the population structure in their area of application. For this reason, existing living space may not be altered in such a way that it is no longer suitable for the resident population. The decisive factors are the effects on the existing building stock, the size and the furnishings of the existing living space.

Accordingly, the following measures must be authorised by the City of Munich in conservation areas:

• Structural changes: construction measures such as modernising bathrooms, replacing windows or installing lifts
• Change of use: Conversion of residential space into commercial space, for example as an office, practice or law firm
• Demolition: Demolition or partial demolition of existing living space

The authorisation requirement applies to owner-occupied, rented and vacant flats. In principle, pure repair measures, the conversion of an attic (provided no existing living space is affected) or changes to rooms that are not used for residential purposes are not subject to authorisation. In principle, no special regulations apply in conservation areas with regard to the permissible residential rent. An exception to this may apply to properties in which the living space is subject to the obligations of a declaration to avoid the statutory right of first refusal.

Prerequisites

In order to obtain authorisation for planned measures, you must in particular

• Comply with housing standards in the City of Munich,
• Take into account the minimum requirements for living space in accordance with the Bavarian Building Code (BayBO),
• if necessary, provide replacement housing in the same conservation statute area.

Required documents

Please also enclose the following documents with the completed conservation statute application for the authorisation procedure:

• Power of attorney, if the applicant is not the owner
• Extract from the land register

For changes to floor plans:

• Floor plan of the existing building
• Floor plan of the planned measures
• Calculation of the living space of the existing property
• Living space calculation of the planned measures

You must notify and have measures approved even if no building permit is required under the Bavarian Building Code (BayBO). If your project also requires authorisation under building law, submit the conservation statute application together with your building application.

Legal basis

• Preservation statutes in accordance with Section 172 of the Building Code (BauGB)
• Requirements for living space in accordance with the Bavarian Building Code (BayBO)