Preservation statutes - authorisation of construction measures

Description

The conservation statutes protect the composition of the population structure in their area of application. For this reason, existing living space may not be altered in such a way that it is no longer suitable for the resident population. The decisive factors are the effects on the existing building stock, the size and the furnishings of the existing living space.

Accordingly, the following measures must be authorised by the City of Munich in conservation areas:

• Structural alterations: Construction measures such as modernising bathrooms, changing floor plans or installing lifts.
• Energy-related measures in accordance with the Building Energy Act (GEG), such as the replacement of windows and doors, the installation of building insulation or the installation of a heating system.
• Change of use: Conversion of residential space into commercial space, for example as an office, practice or law firm
• Demolition: Demolition or partial demolition of existing living space

The authorisation requirement applies to owner-occupied, rented and vacant flats. In principle, pure repair measures, the conversion of an attic (provided that no existing living space is affected) or changes to rooms that are not used for residential purposes are not subject to authorisation. In principle, no special regulations apply in conservation areas with regard to the permissible residential rent. An exception to this may apply to properties in which the living space is subject to the obligations of a declaration to avoid the statutory right of first refusal.

Prerequisites

In order to obtain authorisation for planned measures, you must in particular

• Comply with housing standards in the City of Munich,
• Take into account the minimum requirements for living space in accordance with the Bavarian Building Code (BayBO),
• in the case of energy-related measures, comply with the minimum structural or technical requirements of the Building Energy Act (these must not be exceeded),
• if necessary, provide replacement living space in the same conservation statute area.

Required documents

Please also enclose the following documents with the completed conservation statute application for the authorisation procedure:

• Power of attorney, if the applicant is not the owner
• Extract from the land register

For changes to floor plans:

• Floor plan of the existing building
• Floor plan of the planned measures
• Calculation of the living space of the existing property
• Living space calculation of the planned measures

for energy-related measures:

• Detailed component overview with details of the respective U-value for each component and the choice of materials
• Description of measures with details of the location of the component in the building
• Planning documents showing the location of the individual measures within the building

You must notify and obtain approval for measures even if no building permit is required under the Bavarian Building Code (BayBO). If your project is also subject to approval under building law, submit the conservation statute application together with your building application.

Legal basis

• Preservation statutes in accordance with Section 172 of the Building Code (BauGB)
• Requirements for living space in accordance with the Bavarian Building Code (BayBO)