Preservation statutes - conversion to special ownership

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

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