Misuse of Residential Space - Notification and Approval

• The public interest or the interest worthy of protection outweighs the misuse An authorization may be granted upon application if overriding public interests or private interests worthy of protection outweigh the public interest in preserving the housing concerned for permanent residential use. • Compensation through the creation of appropriate replacement housing • In special exceptional cases, an authorization may be granted upon application if the loss of housing caused by the use of housing for purposes other than residential use is compensated by the creation of appropriate replacement housing. • For the duration of the tight housing market situation, the replacement housing must, including in the case of legal succession, be made available to the housing market on reasonable terms in the event of a rental. Reasonable terms presuppose rents that can generally be afforded by an average-earning employee household for housing of the corresponding type. • The appropriate replacement housing must also generally be created in spatial proximity to the housing subject to the misuse, or at least in the same district in which the misuse occurs or is to occur.

• Application form: Application for approval to use housing space for purposes other than residential use (zweckfremde Nutzung) (including structural alteration) (under "Forms") The application form must state exact details of the housing unit concerned. Please submit the completed form in writing to the responsible Bezirksamt (district office). Online submission is not possible. • Statement of grounds for the application The application must be accompanied by a detailed statement of grounds together with the corresponding supporting documents. • Proof of ownership If the application is submitted by the owner with power of disposal, a current extract from the Grundbuch (land register) must be enclosed with the application. • Power of attorney, if applicable If the application is not submitted by the owner of the housing space, a power of attorney must be presented (e.g. for property management companies) • Tenancy agreement or proof that the dwelling is legally and actually vacant • If the application is submitted by the tenant entitled to use the dwelling, the application must be accompanied by the valid tenancy or sub-tenancy agreement, a Meldebescheinigung (registration certificate), and a declaration of consent from the landlord/landlady. • If the dwelling is not rented out, the application must be accompanied by proof that the dwelling is legally and actually vacant. • Proof of main residence in Berlin, if applicable If applicable, proof must be enclosed that the dwelling is, or will become, the user's sole main residence in Berlin. • Calculation of living space In accordance with § 42 of the Zweite Berechnungsverordnung (Second Calculation Ordinance, II. BV) in conjunction with the Wohnflächenverordnung (Floor Space Ordinance, WoFlV), taking into account § 2 paragraph 1 of the Zweckentfremdungsverbot-Verordnung (ban on the misuse of housing, ZwVbVO), under which the floor areas of conservatories, swimming pools and similar rooms enclosed on all sides, as well as balconies, loggias, roof gardens and terraces, are not taken into account. • Notification, where applicable, of a permission-free use for other than residential purposes of up to 49% of the floor space of my main residence in Berlin (under "Forms") The notification to be made using this form of a permission-free use for other than residential purposes of a maximum of 49% of the floor space is possible only in relation to the main residence in Berlin in which the actual centre of one's life is established. • The use for purposes other than residential purposes is exempt from the approval requirement only if you notify the Bezirksamt (district office) in advance of the use for purposes other than living purposes. • On the basis of the notification, an acknowledgement of receipt from the responsible Bezirksamt (district office), stating a registration number, will be sent by post to the sender's address given in the notification. The registration number issued must always be stated so as to be publicly visible when offering and advertising the housing space concerned for purposes other than residential use, in particular on internet portals. • Please submit the completed form in writing to the responsible Bezirksamt (district office). Online submission is not possible.

• Application form for authorization for use of residential space for purposes other than its intended purpose (including structural alterations) www.berlin.de/sen/stadt/_assets/service/formular-center/bere • Notification of authorization-free use of a maximum of 49% of the living space of my main residence in Berlin for purposes other than its intended purpose www.berlin.de/sen/stadt/_assets/service/formular-center/bere • All forms, Housing section (Bereich Wohnen) www.berlin.de/sen/stadt/service/formularcenter/bereich-wohne

• EUR 77.00 to EUR 693.00 per application for approval of the vacancy (Leerstand) of housing • EUR 225.00 per residential unit for approval of the misuse of housing for other purposes (Zweckentfremdung) • EUR 205.00 for approval of the demolition of housing with up to two residential units • EUR 307.00 for approval of the demolition of housing affecting more than two residential units • EUR 225.00 per residential unit for approval to carry out structural alterations such that a dwelling is no longer suitable for residential purposes (for example, removal of kitchen or sanitary fittings, merging with commercial space) • EUR 77.00 to EUR 231.00 for the issuance of negative certificates (Negativatteste) for housing that is no (longer) subject to the ban on misuse of housing, where no yield calculation (Renditeberechnung) is required • EUR 231.00 to EUR 693.00 for the issuance of negative certificates (Negativatteste) for housing that is no (longer) subject to the ban on misuse of housing, where a yield calculation is required Note: • In the event of withdrawal of the application after processing has begun, or rejection of the application, one tenth to five tenths of the full fee will be charged • For processing applications to amend legally binding (bestandskräftig) approvals, half of the fee set for the underlying official act is charged. • In addition to the fees, the costs of any experts or appraisers that may become necessary are charged separately as expenses (Auslagen). • No separate fee is charged for the assignment of the registration number.

• Zweckentfremdungsverbot-Gesetz (ZwVbG) (Misuse of Housing Prohibition Act) <https://gesetze.berlin.de/jportal/?quelle=jlink&query=WoZwEntfrG+BE&psml=bsbeprod.psml&max=true> • Zweckentfremdungsverbot-Verordnung (ZwVbVO) (Misuse of Housing Prohibition Ordinance) <https://gesetze.berlin.de/jportal/?quelle=jlink&query=WoZwEntfrV+BE&psml=bsbeprod.psml&max=true> • Verwaltungsgebührenordnung (VGebO) (Administrative Fees Ordinance) <https://gesetze.berlin.de/jportal/?quelle=jlink&query=VwGebO+BE&psml=bsbeprod.psml&max=true>

Case-dependent / application-dependent.

• Information on the Zweckentfremdungsverbot (ban on the misuse of housing) (Senatsverwaltung für Stadtentwicklung, Bauen und Wohnen [Senate Department for Urban Development, Building and Housing]) www.berlin.de/sen/wohnen/rechtliches/zweckentfremdungsverbot • Report the misuse of housing (Zweckentfremdung von Wohnraum) (service) service.berlin.de/dienstleistung/352954/

Responsibility lies with the Wohnungsamt/Bürgeramt (housing office/citizens' office) of the district office (Bezirksamt) in whose district the housing is located. A permit is issued there upon application at the office's due discretion (pflichtgemäßes Ermessen).