Misappropriation of living space
The misappropriation of living space , often simply "misappropriation" for short, is used when parts of buildings in private ownership that could actually serve as living space and have already served, are used for other purposes (e.g. commercial use) or are intentionally left unused. Particularly in communities with tight housing supply, the prevention of the misappropriation of housing is in the public interest, which can conflict with the owners' right of disposal.
In Germany, where the federal states have created the possibility, the municipalities can prohibit the misappropriation of living space by means of a statute ( misappropriation statute ) and impose a fine if this is required to ensure that households are supplied with housing. The statutes apply to parts or the entire municipality and are usually limited to privately financed apartments.
The topic has gained particular importance through the widespread use of vacation rental portals such as airbnb in many cities since around 2010. In addition to private apartment users who sublet or swap their owner-occupied apartments at short notice, there is also an increasing number of professional commercial landlords. The short-term rental of living space to tourists is often more lucrative than long-term rental as an apartment, which can lead to the displacement of residential use, especially in tourist regions.
The city of Munich defines the misappropriation of living space, for example, as a condition in which rooms that are “objectively suitable and subjectively determined” are intended to be used as living space and are used for other purposes. In Munich, this also includes company and service apartments and dormitories. "Objectively, rooms are suitable if they (alone or together with other rooms) enable the management of an independent household". They are subjectively intended for living if the owner (person entitled to dispose of them) has already used it as such once or has declared it to be living space, e.g. B. by renting. The statutes prohibit the conversion of living space into commercial space, demolition, deliberate vacancy, as well as letting for foreign accommodation for more than 8 weeks a year. There are exceptions for unreasonable living space and cases in which no tenants can be found through no fault of their own. The regulation also does not apply to rooms that were not used as living space before January 1, 1972, when the statutes were first issued.
Individual evidence
- ↑ City of Munich (2017): Statute of the City of Munich on the Prohibition of Misappropriating Living Space (ZeS) from December 5, 2017 . https://www.muenchen.de/rathaus/Stadtrecht/vorschrift/999.html
