Administrative court sets limits to Berlin’s restricting private holiday rentals
> September 2016
The so called “Zweckentfremdungsverbot”, restriction on misuse, has been in force in Berlin since May 2014. According to the restriction, it is not allowed to let a flat as a holiday accommodation unless the competent authority approves of it by granting a special permit.
The administrative court in Berlin-Brandenburg decided in several cases in the beginning of August that the owner of a flat, which he is using as a secondary residence, is entitled to be granted a special permit. The court based its decision on the fact that it is irrelevant for Berlin’s housing supply whether a secondary residence is vacant when its owner isn’t using it or it is being let for holiday purposes. In the cases, the court assumed that the flat actually had been used as a secondary residence and found no evidence of misuse.Due to the fundamental importance of this matter, an appeal is permissible.
