Local regulations for hosting in Munich
For individuals hosting homes in Munich, this article provides targeted information on applicable local regulations. It is imperative, as stipulated by the OH-Stay.com article "Hosting in Germany," that hosts independently verify and adhere to all relevant obligations. While this document serves as a foundational reference, it is neither exhaustive nor a substitute for professional legal or tax counsel. Hosts are advised to regularly confirm the timeliness of all laws and procedures. Should complexities arise, direct engagement with the Munich Social Services or a local advisor (e.g., an attorney or tax professional) is recommended.
Short-term rental regulations
Social Services and the Office for Housing and Migration enforce Munich's regulations prohibiting the use of residential spaces for non-residential purposes. The regulations came into effect in December 2017.
Residential space
According to Munich regulations, residential space is any space within city limits that is objectively suitable and subjectively intended for residential purposes. This includes corporate apartments, student housing, and private residential homes.
Zoning violations
The regulations state that you may not use more than 50% of the floor space of any residential unit for non-residential purposes, such as short-term rentals for guests. However:
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You may rent your entire home to guests for a total of up to eight weeks per calendar year without a permit.
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Renting individual rooms within your home does not require a permit as long as the rented space is less than 50% of the property’s floor space.
Permits
A permit from the competent authorities is required to use residential space for non-residential purposes beyond the above exemptions. Permits may be granted under the following conditions:
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If other public interests or legitimate private interests outweigh the interest in preserving the affected residential space.
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If the public interest in preserving residential space is compensated through the creation of replacement residential space or a compensatory payment.
The outcome of any permit application also applies to the legal successors of the applicant or anyone who takes possession of the space.
Decision timeline
The issuing authority has up to 12 months to make a decision after all required documents have been submitted. If no decision is made within that period, the permit is deemed granted.
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