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Apply for permission to change the use of living space

You need a permit to change the use of living space.

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Detailed description

If you want to use living space for purposes other than residential use, you will need a permit.

Living space is any individual room that is objectively suitable and subjectively intended for residential purposes, which means that a building permit for residential purposes is required.

These include:

  • Apartments in multi-family houses or single-family houses
  • Apartments that you use permanently as living space
  • rooms in shared apartments

Misuse occurs when you use the living space for commercial or freelance purposes, such as offices, practices, vacation homes or other short-term rentals. Vacancy and demolition of living space also constitute misuse of living space.

In primary residences, there are time slots for short-term use as a holiday home that do not require a permit. Any use of the living space for purposes other than those intended that do not require a permit is subject to registration in the housing protection register.

The permit must be applied for at the district office in whose district the apartment is located.

 

Information

Prerequisites

The prerequisite for a permit-free misuse as a holiday home within a time window of 55 days is a right of use for regular living space (main residence). For secondary residences, a permit is required from the first day of the misuse.

Before any use for a purpose other than the intended purpose is commenced, an examination and, if necessary, an application to and from the responsible authority is required. As a prerequisite for approval, there must be proof of a public or private interest or the creation of alternative housing within Hamburg. The approval is subject to a fee.

Documents required

  • Application,
  • proof of ownership,
  • Evidence of recognition of a public or private interest,
  • alternatively, building permit for additional living space

Please note

The transfer of living space to changing users for non-permanent residential use is an illegal misappropriation if it is used for more than 56 days per year - if there is no approval. This applies to both rental apartments and owner-occupied apartments, regardless of whether the living space is made commercially, at "cost price" or free of charge.

If vacancies of more than 4 months or commercial use of living space are found, these can be reported for review. The district offices are following up on the clues.

Deadlines

You need permission before you start using the living space for purposes other than its intended purpose.

Procedure

You apply for permission to change the use of living space with all necessary documents to the responsible authority.
The responsible authority will examine your application and documents. If necessary, it will request further documents or information from you.
The responsible authority will decide on your application.
You will receive a notification.
You will receive a fee notice.

Processing time

If all required documents are available, processing takes 4 to 6 weeks.

Fees

218 EUR to 5,065 EUR

Legal remedies

contradiction

Legal basis

Law on the Protection and Preservation of Living Space (Hamburg Housing Protection Act - HmbWoSchG)

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Last updated: 28.04.2025