We look forward to hearing from you. The best way to contact us is by phone or e-mail.
Contact
RA Benjamin Schreiber
Leonrodstr. 54
D-80636 Munich
(Click for view on Google Maps)
We look forward to hearing from you. The best way to contact us is by phone or e-mail.
RA Benjamin Schreiber
Leonrodstr. 54
D-80636 Munich
(Click for view on Google Maps)
The Munich housing market has been under pressure for years. To protect available living space, the city
consistently takes action against so-called residential vacancy. Based on the ordinance on the
misuse of residential space (housing protection), the city can impose substantial fines – in some
cases reaching six-figure amounts.
Many property owners are surprised by how strict the regulations are and how quickly a “temporary vacancy” can
turn into an administrative offense.
An experienced attorney can help challenge fines, meet deadlines, and find legally compliant solutions.
As a specialized law firm for real estate law, we first carefully examine whether a violation of the misuse-of-residential-space ordinance has actually occurred and whether the City of Munich has correctly applied the legal requirements. Once you receive a notice of fine, we file an objection within the legal deadline and compile all necessary exonerating evidence – for example, documents related to planned renovations, delays caused by contractors, or an ongoing sales process. At the same time, we assert any possible exemptions under the ordinance on your behalf and handle all communication with the city to avoid misunderstandings or excessive demands. We also provide preventive support: we show you how to document a vacancy in a legally compliant manner, helping you avoid unnecessary fines. In this way, we ensure that your rights are protected and conflicts are resolved at an early stage.
Contact us for legal advice/initial consultation - in person, phone, video call.
The amount of fines depends on:
In practice, fines of several tens of thousands up to over a hundred thousand euros have already been imposed. Owners should therefore not let vacant apartments “sit idle,” but actively document why the vacancy is necessary or unavoidable.
Despite the strict misuse-of-residential-space ordinance, the City of Munich recognizes various situations in which a temporary vacancy is legally permissible and no fine is imposed. However, it is essential that owners can plausibly document these exceptions, as authorities often assume unauthorized misuse without sufficient evidence.
One of the most common exceptions concerns properties in the process of being sold. If an apartment or house is actively being offered for sale and the vacancy is necessary to enable viewings or a smooth handover, this can be considered a legitimate reason. Vacancies during planned renovations or modernizations are also recognized, provided the work begins promptly or can already be documented through cost estimates, contractor appointments, or building permits. Delays due to labor shortages, delivery issues, or administrative procedures are generally accepted if they are demonstrably outside the owner’s control.
Legally unclear ownership situations, such as ongoing inheritance disputes, probate proceedings, or disagreements between co-owners, can also justify an exception. As long as it is not yet determined who may dispose of the property, the vacancy may be unavoidable.
Furthermore, the city considers personal hardship cases in certain situations. This may include extended illness, the need for care, or extraordinary family burdens that make it impossible for the owner to rent or manage the property.
In all cases, thorough, complete documentation is crucial: correspondence, contracts, invoices, expert reports, appointment confirmations, or official documents increase the likelihood that the city recognizes the vacancy as a permissible exception. Without such evidence, authorities regularly assume misuse—even if there was a legitimate reason.
An impending fine due to residential vacancy can often be avoided if owners act promptly and follow certain principles. The following measures have proven particularly effective in practice.
One of the most important steps is careful documentation. Authorities require verifiable evidence explaining why a property was not in use. This includes, for example:
The more complete these documents are, the easier it is to justify a legitimate vacancy to the city.
Many fines occur because owners respond too late or not at all to city inquiries. It is recommended to:
Active communication demonstrates that the owner is making efforts to utilize the property and increases the likelihood of leniency.
For certain types of vacancy, a misuse-of-residential-space permit is required. These include:
The application should be submitted as early as possible, as permit processes can take time. Late applications are often no longer considered and can lead to substantial fines.
Many owners do not know whether their vacancy already qualifies as misuse. Legal review is therefore advisable, especially if:
An early legal assessment can prevent costly mistakes.
If an owner receives a notice or fine, legal assistance should be sought immediately. Deadlines are very short, and without a well-founded explanation, fines are difficult to contest. A lawyer can:
Especially in administrative law, the right argument at the right time often makes all the difference.
Munich enforces the misuse-of-residential-space ordinance consistently. Property owners should therefore be fully aware of their obligations – as well as their rights. An experienced lawyer ensures that fines are avoided or reduced and helps manage vacancies in a legally compliant manner.
Every case is different - as a lawyer, every case requires its own individual approach in order to do justice to the subject matter and the client.
Legal standards alone do not solve cases - efficient communication between lawyer and client, but also with the opposing party, ensures real results.
Serving various areas of law with specialised lawyers to represent personal and economic interests.
We stand for personal advice, constant availability and professional expertise in real estate law in Munich.
+49 (89) / 139 284 10