Owner Responsibilities

 

If you want to rent out your holiday apartment or holiday home to guests, it is important to be familiar with the local legal requirements. You are best seeking information from your town or municipal administration about regulations that affect you as an owner.

In order to support you, we have put together some information for you. This information is not, however, legally binding. We also emphasise that we accept no liability for the correctness, completeness or currentness of the content presented here.

The renting of holiday apartments or holiday homes is, in part, subject to different requirements and laws which must be observed. These may be valid for the whole of Germany or differ depending on federal state, city or local authority.

This includes, among other things, building and noise control laws, property and tenancy law, misappropriation statutes, or tax and trade regulations.

The effects  of these regulations for you as an owner can be manifold.

 

 

Legal situation in the case of the misappropriation of housing

 

Vacation rentals provide undeniable benefits to the community by generating revenue for local families and diffusing travellers – mainly families and couples – among the different neighbourhoods of the cities, thus supporting local small businesses and relieving pressure on certain touristic zones. Many city-bound holidaymakers are delighted about the large number of holiday apartments on offer at reasonable prices in the middle of the city. However, in some cities holiday apartments are being discussed and some have implemented a ban on the misappropriation of housing space.

You can find out if there is a ban on misappropriation in your city or region from the relevant authorities. An alternative use permit may be issued by the relevant municipal administration. A corresponding application is generally to be completed.

Below you will find some helpful links for some of the largest German cities with misappropriation bans. We would like to point out that this list is not exhaustive; additional legal provisions may apply to the whole of Germany as well as to one or more states or municipalities.

 

 

Berlin:

 

 

 

Relevant authorities

 

In Berlin, the respective district office in whose territory the housing is located is responsible for enforcement of the law. At its discretion, a permit will be issued upon application.

 

 

 

Munich:

 

 

 

Hamburg:

 

 

 

Taxes

 

Several local authorities in Germany levy additional taxes for the hosting of private guests. They have different designations: Bed tax, "cultural promotion tax", city tax, lodging or overnight tax. These are not, however, to be confused with the spa taxes, which are only levied in spas.

All of the so-called "bed tax models" have in common that they must be transferred to the relevant local authority. On that note, please also seek information from the relevant authorities as to whether and to what extent you are obliged to levy any such duty from your guests. 

 

 

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