You are responsible for checking and complying with all obligations that apply to you as a host.
- Regulations for short-term rentals
In Munich, the Social Affairs Department and the Office for Housing and Migration are enforcing regulations prohibiting the use of housing elsewhere. The regulations came into force in December 2017.
According to the regulations in Munich, a residential area is any accommodation within the city limits that is objectively suitable for residential purposes and subjectively intended for such purposes. This includes company apartments, student accommodation and dormitories.
- Violations of land use regulations
According to Munich regulations, you may not use more than 50% of the area of a residential unit for non-residential purposes, for example for commercial or professional purposes such as short-term letting to guests. However, the regulations allow you to let your entire apartment or house to guests for a total of up to eight weeks per calendar year without permission.
In addition, there are no restrictions or permits on renting individual rooms in your own home as long as the rented area is less than 50% of the floor area of your property.
With the permission of the competent authorities, you may only use living space for non-residential purposes under one of the following conditions:
- a permit may be granted if other public interests or a legitimate self-interest outweigh the interest in maintaining the dwelling concerned
- an authorisation may be granted if the public interest in the maintenance of housing is offset by the creation of a replacement housing area or a payment
The result of an application for authorisation shall also apply to the applicant's successors in title or to any person taking possession of the accommodation.
The issuing authority has up to 12 months to take a decision after submitting all the documents. If it has not taken a decision by then, the permit shall be deemed to have been granted.