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.
Course 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: Building measures such as the modernisation of bathrooms, changes to floor plans or the installation of 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.
Demolition of living space: no authorisation In order to achieve more effective protection against displacement, the demolition or dismantling of living space in conservation areas is no longer eligible for authorisation in principle, unless the circumstances of the individual case make it economically unreasonable to maintain the living space and this circumstance is conclusively proven to the Social Services Department in the application process.
Comprehensive modernisation of living space within the meaning of Section 556f of the German Civil Code is also generally not eligible for approval.
Important note
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.
Questions & Answers
In areas subject to conservation regulations, energy efficiency measures relating to living space (such as roof or façade insulation or the fitting of new windows) are, in principle, only eligible for approval if they serve to bring the building into compliance with the minimum structural or technical requirements of the Building Energy Act (GEG).
If the project exceeds these minimum requirements, approval can, in principle, only be obtained by entering into a contract under public law.
Essentially, this contract sets out a limit on the apportionment of costs to tenants. This ensures that the purpose of the preservation by-law (protecting the composition of the population) is fulfilled despite the measures not actually being eligible for approval.
The most important general information on this matter is set out below.
Information regarding a specific case can, in principle, only be provided as part of an application procedure.
A public-law contract may be used to establish, amend or terminate a legal relationship (Article 54, sentence 1 of the Bavarian Administrative Procedure Act [BayVwVfG]). With regard to energy efficiency measures in an area subject to a conservation statute, such a contract sets out the permissible framework and the scope of the authorised measures. It also regulates the permissibility of levies. Any breach of the contract generally triggers a contractual penalty.
Energy efficiency measures that go beyond the minimum requirements of the Building Energy Act (GEG) are not eligible for approval within the area covered by the conservation by-laws (by implication of Section 172(4), sentence 3, No. 1a of the Building Code (BauGB)).
It is only through a public-law contract that these measures can be authorised in the first place. The public-law contract protects residents from potential displacement, as the costs passed on to tenants are capped.
The public-law contract includes an obligation stipulating that material costs exceeding those required to meet the minimum standards under the GEG may not be passed on as part of the allocation of modernisation costs (Section 559 of the German Civil Code (BGB)).
Example: Triple-glazed windows are to be fitted. However, under the GEG’s minimum requirements, only the (material) costs for double-glazed windows are permitted.
The contract stipulates that only the difference (the amount by which the triple-glazed windows are more expensive than the double-glazed windows [material costs]) may not be passed on. The amount of the apportionment is thus capped.
Grants and subsidies reduce the costs that may be passed on to tenants. Any higher costs for measures that go beyond the minimum requirements of the Building Energy Act (GEG) can be offset by grants and subsidies, thereby reducing the costs that can be passed on.
Costs which the landlord has not incurred because they are covered by grants or subsidies may not, under tenancy law, be passed on to tenants. This may mean that the costs passed on to tenants for measures exceeding the minimum requirements are lower than if the measures were carried out solely in accordance with the GEG’s minimum requirements.
It is important to note that the public-law contract does not contain any obligation to apply for or make use of grants or subsidies.
The risk that grants or subsidies will not be paid out lies solely with the owner. Passing this risk on to the tenants is not permitted.
Annex 7 to Section 48 of the GEG: Maximum values for the heat transfer coefficients of external building elements when carrying out alterations to existing buildings
If the authorised signatory is not a natural person but a legal entity (for example, a limited liability company or a co-operative), legal authorisation of the power of representation is required, unless corporate representation (i.e. a shareholder or managing director acting on behalf of the company) already exists.
In the case of representation by a corporate body, we require proof of the representation arrangements from the Commercial Register.
The power of attorney granted must be for the purpose of concluding a public-law contract with the City of Munich, Department of Social Affairs, Office for Housing and Migration, for the granting of a permit under the Preservation Statute, including the obligations set out therein and the submission to immediate enforcement with regard to the contractual penalties agreed therein.
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)
Contact Us
Sozialreferat
Fachbereich Bestandssicherung
Landeshauptstadt München
Construction measures in conservation areas, ban on conversion
Internet address
Phone number
Postal address
Landeshauptstadt München
Sozialreferat
Fachbereich Bestandssicherung
Franziskanerstraße 8
81669 München
Fax: +49 89 233-767203
Contact 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
Availability
- Not available:Barrier-free access
- Not available:Parking for disabled people
Lift available in the building.