Preservation statutes - conversion to special ownership

If you want to establish residential property or part ownership in a conservation statute area, you will need authorisation.

Description

The conservation statutes protect the existing population structure in their area of application. For this reason, a so-called conversion ban applies in conservation statutes areas: the creation of residential property or partial ownership is subject to authorisation.

Depending on how many flats there are in the building in which a conversion is planned, different authorisation requirements apply in some cases.

Prerequisites

Buildings in which there are fewer than 11 flats (regardless of how many flats are planned to be converted).

  • It is economically unreasonable to maintain the building.
  • The property is part of an estate and is to be divided among the heirs.
  • The separate property is to be sold to family members for their own use.
  • There are third-party claims to the transfer of separate property.
  • The building is not being used for residential purposes at the time of the application.
  • You undertake to sell flats only to tenants in the seven years following the establishment of the property.

Buildings in which there are eleven or more flats (regardless of how many flats are planned to be converted)

Authorisation may be granted after examination if the conversion is justified by one of the following circumstances:

  • Refraining from the conversion is not reasonable.
  • The property is part of an estate and is to be divided among the heirs.
  • The separate property is to be sold to family members for their own use.
  • There are third-party claims to the transfer of separate property.
  • The separate property is to be sold to at least two thirds of the tenants for their own use.

Required documents

For the authorisation procedure, please also enclose the following documents with the completed application for conversion to residential property:

  • Extract from the land register
  • Declaration of division
  • Completion certificate
  • Apportionment plan in accordance with the German Condominium Act (WEG)
  • Reasons for the application
  • Power of attorney if the applicant is not the owner

Duration & Costs

Fees

Application processing costs a minimum of 25 euros and a maximum of 1,000 euros.

Legal basis

  • Preservation statutes in accordance with section 172 of the Building Code (BauGB)
  • Condominium Act (WEG)
  • Section 250 of the Building Code (BauGB)
  • Zoning ordinance for construction

Landeshauptstadt München

Sozialreferat
Fachbereich Bestandssicherung

Internet

Postal address

Landeshauptstadt München
Sozialreferat
Fachbereich Bestandssicherung

Franziskanerstraße 8
81669 München

Fax: +49 89 233-67203

Address

Welfenstraße 22
81541 München

Appointments by arrangement

Telephone consultation hours:
Monday to Thursday, 9 am to 3 pm
Friday, 9 am to 12 noon

Related services

Information on standard land values

Standard land values refer to one square metre of undeveloped land. They are derived from property sales and are given on a location-specific basis.

Occupancy violations in subsidised flats

Report to us if you have the impression that subsidised flats are not being used in a lawful manner or that there is an occupancy violation.

Apply for a certificate of seclusion

The creation of residential and partial ownership requires entry in the land register. This requires a certificate of completion with partition plans.

Conversion of living space into separate property

If you want to establish condominium ownership or part ownership in the city of Munich, you may need a permit.