Preservation statutes - authorisation of construction measures

You need a permit for structural alterations, changes of use or the demolition of living space in a conservation area.

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.

Unauthorised measures constitute an administrative offence and can be punished with a fine of up to 30,000 euros per home.

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.

Duration & Costs

Fees

The authorisation costs a minimum of 15 euros and a maximum of 1,000 euros. The fee is 0.25 per cent of the construction costs, rounded up to the nearest 500 euros.

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)

Landeshauptstadt München

Sozialreferat
Fachbereich Bestandssicherung

Construction measures in conservation areas, ban on conversion

Internet

Postal address

Landeshauptstadt München
Sozialreferat
Fachbereich Bestandssicherung

Franziskanerstraße 8
81669 München

Fax: +49 89 233-67203

Address

Welfenstraße 22
81541 München

Appointments by arrangement

Telephone consultation hours:
Monday to Thursday, 9 am to 3 pm
Friday, 9 am to 12 noon

Accessibility

  • Not available:Barrier-free access
  • Not available:Disabled parking

Lift available in the building.

Related services

Acceptance of temporary structures

Temporary structures must obtain a construction licence before being erected for the first time. As a rule, the installation must be notified at least one week in advance.

Neighbour signatures for building application

Approval of construction projects where the city is a neighbouring property owner.

Apply for house number allocation

In the event of structural changes, house numbers are assigned ex officio. Additional house numbers can be issued or existing properties renumbered on request.

Advice on building law

If you are planning a new build, conversion or change of use of a building, the LBK advice centre will answer your questions before you submit your application.

Special use of urban public green spaces

Anyone wishing to set up a construction site in a public green space or drive on the green space requires a special permit.

Building permit

As a rule, you need a building permit from the lower building supervisory authority for construction measures such as new builds, extensions or conversions as well as for changes of use.

Construction measures in public transport areas

Anyone who digs up the ground on public paths, roads or squares, stores or sets up anything, blocks off areas or lays pipes requires a permit.

Access to building files (central registry)

If you own a property in the Munich city area, you can view the approved building plans for your house and copy them at coin-operated photocopiers on site.

Advice on neighbour's signature for building application

Owners of neighbouring properties must be involved in the approval process.