Preservation statutes - authorisation of construction measures
You need a permit for structural alterations, changes of use or the demolition of living space in a conservation area.
Course 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 alterations: Building measures such as the modernisation of bathrooms, changes to floor plans or the installation of lifts.
- Energy-related measures in accordance with the Building Energy Act (GEG), such as the replacement of windows and doors, the installation of building insulation or the installation of a heating system.
- 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.
Unauthorised measures constitute an administrative offence and can be punished with a fine of up to 30,000 euros per home.
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),
- in the case of energy-related measures, comply with the minimum structural or technical requirements of the Building Energy Act. These must not be exceeded.
- if necessary, provide replacement living space 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
for energy-related measures:
- Detailed component overview with details of the respective U-value for each component and the choice of materials
- Description of measures with details of the location of the component in the building
- Planning documents showing the location of the individual measures within the building
You must notify and obtain approval for measures even if no building permit is required under the Bavarian Building Code (BayBO). If your project is also subject to approval under building law, submit the conservation statute application together with your building application.
Questions & Answers
In conservation areas, energy-related measures that affect living space (such as roof or façade insulation or the installation of new windows) can only be approved if they serve to meet the minimum structural or technical requirements of the Building Energy Act (GEG).
If these minimum requirements are exceeded by the project, authorisation can only be obtained by concluding a contract under public law.
This contract essentially regulates a limitation of the apportionment to the tenants. This ensures that the purpose of the conservation statutes (protection of the composition of the population) is fulfilled despite the measures that are not actually eligible for approval.
The most important general information on this is listed below.
Information relating to a specific issue can only be provided as part of an application procedure.
A legal relationship can be established, amended or cancelled with a public law contract (Article 54 sentence 1 of the Bavarian Administrative Procedure Act [BayVwVfG]). In relation to energy-related measures in a conservation statute area, such a contract defines the permissible framework and the scope of the permitted measures. The admissibility of levies is also regulated. If the contract is breached, this generally triggers a contractual penalty.
Energy measures that go beyond the minimum requirements of the Building Energy Act (GEG) cannot be approved in the conservation statute area (reverse conclusion to Section 172 (4) sentence 3 no. 1a BauGB).
These measures can only be authorised through a public-law contract. The public-law contract protects the resident population from potential displacement, as the levy is capped for tenants.
The public-law contract contains the obligation that material costs that exceed the minimum requirements according to the GEG may not be passed on as part of the apportionment of modernisation costs (Section 559 BGB).
Example: Triple-glazed windows are to be installed. However, according to the GEG minimum requirements, only (material) costs for a double-glazed window are permitted.
The contract stipulates that only the difference (by which the triple-glazed windows are more expensive than the double-glazed windows [material costs]) may not be apportioned. The amount of the levy is therefore capped.
Grants and subsidies reduce the costs that can be passed on to tenants. Any higher costs for measures that go beyond the minimum requirements of the Building Energy Act (GEG) can be offset by subsidies and grants, thereby reducing the apportionable costs.
Costs that are not incurred by the landlord or landlady because they are covered by subsidies or grants may not be passed on to tenants under tenancy law. This can result in the cost of measures that go beyond the minimum requirements being passed on to tenants more favourably than if the measures were only carried out in accordance with the GEG minimum requirements.
It is important to note that the public-law contract does not contain any obligation to apply for or utilise subsidies or grants.
The risk that subsidies or grants are not paid out lies solely with the owner. Shifting this risk to the tenants is not permitted.
annex 7 to § 48 GEG: Maximum values of the heat transfer coefficients of external building components for changes to existing buildings
If the authorised person is not a natural person but a legal entity (e.g. limited liability company, cooperative), a legal justification of the power of representation is required, unless there is already an organic representation (i.e. shareholder or managing director acting on behalf of the company).
In the case of organisational representation, we require proof of the representation relationships based on the commercial register.
The power of attorney granted must authorise the conclusion of a contract under public law with the City of Munich, Social Department, Office for Housing and Migration for the granting of a maintenance statute approval including the obligations regulated therein as well as submission to immediate enforcement with regard to the contractual penalties agreed therein.
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)
Sozialreferat
Fachbereich Bestandssicherung
Construction measures in conservation areas, ban on conversion
Internet address
Phone number
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
Availability
- Not available:Barrier-free access
- Not available:Parking for disabled people
Lift available in the building.