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.
Course description
The demand for affordable housing in the City of Munich is very high. This makes it all the more important that subsidised flats in particular are occupied by tenants who are also entitled to do so. Appropriate authorisation is granted by the Office for Housing and Migration.
In the interests of fair play in social housing, we particularly want to support those who are looking for subsidised housing and are dependent on its use.
The task of housing monitoring is therefore to uncover, stop and penalise occupancy violations in subsidised housing. There is an investigation service that inspects housing in the field.
Measures can be directed both against flat owners (e.g. eviction orders) and against flat owners (e.g. fines and penalty notices). The amount of the fine can be up to 100,000 euros depending on the severity of the offence.
Questions & Answers
The law strictly regulates the conditions under which subsidised housing may be made available to those seeking accommodation. If a flat is occupied or used in contravention of these legal provisions, this constitutes an occupancy breach. Examples include
- leaving a property vacant without authorisation for more than three months
- letting the property to ineligible people seeking accommodation (this also includes letting or subletting to tourists)
- unauthorised personal use by the owners
- as well as unauthorised misuse of subsidised housing.
An occupancy breach occurs, for example, in the following cases:
- Not all persons who have received authorisation from the Office for Housing and Migration for a specific flat move in (under-occupation). Please note that household members moving out at a later date do not constitute an occupancy breach.
- A subsidised flat is passed on to relatives within a family. Even children or grandchildren cannot automatically take over the flat if their eligible parents or grandparents move out.
- The flat is let on a commercial basis to a succession of different people, such as tourists. This is not permitted, as subsidised flats are intended for permanent residential use.
- A flat stands empty or is not used for residential purposes (for example, use as an office; further examples of misuse).
Please note that the vast majority of subsidised flats are occupied by tenants in accordance with the rules. If household income rises over the years, this does not constitute a breach of occupancy rules. The only decisive factor is the income situation at the time the occupancy permit was granted.
Anyone can report a suspected occupancy breach using the
. Once the report has been reviewed, the Housing Monitoring Authority will take action ex officio if necessary.
Yes. You can select the option on the reporting form to submit the report anonymously.
If occupancy or usage violations are identified, administrative proceedings will be initiated to rectify the situation. If rectification is not possible, the tenancy agreement must be terminated and the tenants must move out. If this is not complied with, the lawful situation will be restored by means of administrative enforcement. In the case of culpable breaches of the law, financial penalties and fines may be imposed. Depending on the severity of the breach, the fine can amount to up to 100,000 euros.
No; the point of contact at the Office for Housing and Migration in such cases is the
within the office, telephone 089 233-40200.
Legal basis
- Bavarian Housing Commitment Act (BayWoBindG)
- Bavarian Housing Promotion Act (BayWoFG)
- Ordinance on the Implementation of Housing Law and Special Urban Development Law (DVWoR)
- Administrative regulations on the implementation of housing commitment law (VVWoBindR)
Contact Us
Sozialreferat
Soziale Wohnraumversorgung
Landeshauptstadt München
Internet address
Phone number
Postal address
Landeshauptstadt München
Sozialreferat
Soziale Wohnraumversorgung
Werinherstraße 89
81541 München
Fax: +49 89 233-48084
Contact address
Werinherstraße 87
81541 München
Lagehinweis: Haus 24, 1. OG
Personal consultations are only possible by prior appointment.