Ban on misappropriation in the capital is constitutional

Berlin Administrative Court, judgment of June 8, 2016

The Berlin Administrative Court has ruled that the current so called ban on misappropriation in the capital is constitutional.

This law applies to private holiday apartments, since the 1st May 2016. The applicants sought a so called negative test for their private holiday apartments. This can confirm that no permission for this use of living space is necessary.

Thereby it decided not to follow the applicants’ view, but saw the respective apartments as covered by the law. The Berlin Senate had effectively made the decision that the conditions of the ban on misappropriation ban were met throughout the city. The use of housing for the commercial letting of apartments constitutes a prohibited misappropriation according to this ban on misappropriation (ZwVbG).

Now, potential living space may be only be rented out as holiday homes with an official permit. Basically, a license can be applied for in the district administration office in the district where the apartment is located. However, this is almost never granted.

Berlin Administrative Court
(Verwaltungsgericht Berlin)
judgment of June 8, 2016
– VG 6 K 103.16 et al –

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