Conversion of rental apartments into owner-occupied apartments; application for approval or a negative certificate

In Bavaria, the establishment or division of residential or partial ownership in accordance with the German Condominium Act (WEG) requires approval in accordance with Section 250 of the German Building Code (BauGB). In Bavaria, this approval requirement applies to residential buildings that already existed on June 1, 2023 if there are more than ten apartments in the building.

The lower building supervisory authority decides on the granting of approval. Without approval, the land registry may not effectively execute the division into condominiums in the land register.

The 50 affected municipalities in which this reservation of approval for the conversion applies were determined by state ordinance and are set out in the annex to Section 2 of the Gebietsbestimmungsverordnung Bau (GBestV-Bau).

If there is no approval requirement because, for example, the building does not have more than 10 apartments or it is a residential building built before June 1, 2023, the absence of the approval requirement is certified. For this purpose, the competent authority can issue a so-called negative certificate for submission to the land registry. The land registry may only carry out the division in the land register in cases without a permit requirement if the non-existence of the permit requirement has been proven.

• The establishment or division of residential or partial ownership in accordance with the German Act on Residential Property and Permanent Residential Rights (Wohnungseigentumsgesetz - WEG) is planned.
• The residential building is located in an area in accordance with the Annex to Section 2 of the Ordinance on the Determination of Areas with a Tight Housing Market under Building Planning Law
  (Gebietsbestimmungsverordnung Bau - GBestV-Bau).
• This is a residential building that already existed on June 1, 2023.
• There are more than ten apartments in the residential building.
• Pursuant to Section 250 BauGB, approval must be granted in particular if one of the statutory conditions for permission applies (e.g. cases of inheritance, sale for own use to family members, sale for own use to at least two thirds of the tenants)

The application is not subject to any deadlines. However, the land registry may only make the entry once it has received proof of the conversion approval or that the approval requirement does not exist.

• Power of attorney if applicant is not the owner
• current extract from the land register
• Declaration of division, if applicable
• Completion certificate
• Apportionment plan in accordance with the Condominium Act
• Justification of the application

The costs range from EUR 25.00 to EUR 150.00 per condominium unit, depending on the administrative costs.

• § Section 250 of the German Building Code (BauGB)
• § Section 2 and Annex to Section 2 of the Ordinance on the Determination of Areas with a Tight Housing Market under Building Planning Law (Gebietsbestimmungsverordnung Bau - GBestV-Bau)

• Amendment to zoning ordinance for construction
• Justification of the ordinance of the zoning ordinance on construction and the implementing ordinance on housing law

The application for conversion approval must be submitted to the lower building supervisory authority. You can obtain further information on how to apply from the responsible authority.

• Completion certificate with partition plan; application