The ban on the misuse of residential space (Zweckentfremdungsverbot) when selling

What the ban covers

The Act on the Ban on Misuse of Residential Space (Zweckentfremdungsverbot-Gesetz, ZwVbG) has been in force since 12 December 2013. It has been applied since 1 May 2014, when the associated ordinance (ZwVbVO) came to cover the entire city (§ 1 ZwVbVO). Since then, residential space may only be used for purposes other than housing with a permit from the district office (§ 1 para. 1 ZwVbG). Every space that is actually and legally suitable for permanent residential use is protected (§ 1 para. 3 ZwVbG). Publicly subsidised housing is exempt (§ 1 para. 2 ZwVbVO). According to the Senate Department, the law does not distinguish between rented flats, owner-occupied flats and privately owned houses.

As examples, § 2 para. 1 ZwVbG lists letting as a holiday flat or to changing guests, use for commercial or professional purposes, alterations after which the rooms are no longer fit for living, vacancy of more than three months and demolition. Since the 2018 amendment, these have merely been illustrative examples; any use for purposes other than housing is covered (AV-ZwVb no. 7, the implementing regulations).

A breach is an administrative offence. For misuse without a permit, the law provides for a fine of up to 500,000 euros, and for failing to report a vacancy, up to 250,000 euros (§ 7 para. 1 nos. 1 and 6, para. 4 ZwVbG). A breach can be penalised even if the permit is granted later after all (§ 7 para. 6 ZwVbG). The State of Berlin accepts reports of possible breaches via an online form, from anyone and free of charge.

The most important limits at a glance:

Vacancy before the sale

A flat may stand empty for three months without the law intervening. The period begins as soon as it is legally and actually vacant. Furniture makes no difference: a flat in which only the furnishings remain after the occupants have moved out is also considered vacant (AV-ZwVb no. 7.4).

After that, the vacancy constitutes misuse (§ 2 para. 1 no. 4 ZwVbG). The owner must report it to the district office without delay, stating and substantiating the reasons (§ 5 para. 8 ZwVbG), and needs a permit (AV-ZwVb no. 7.4). Since 30 July 2026, the office may also collect evidence of the flat's gas, heat, electricity and water consumption for this purpose (§ 5 para. 1 no. 3 ZwVbG).

The exceptions are set out in § 2 para. 2 ZwVbG and, according to the implementing regulations, are to be interpreted narrowly (AV-ZwVb no. 8). The law makes no exception for the period of the sale. If the flat is promptly altered, repaired or modernised, it may stand empty for up to twelve months (§ 2 para. 2 no. 4 ZwVbG); after three months, the district office wants to see documents for this, such as a construction schedule (AV-ZwVb no. 7.4). The case of a flat finding no tenant despite efforts (§ 2 para. 2 no. 3 ZwVbG) is something the implementing regulations consider ‘hardly conceivable in practice’ in Berlin (AV-ZwVb no. 8.3).

The situation is different for a second home that you use yourself. That is residential use, and periods when you are away do not count as vacancy as long as your own use is genuine (AV-ZwVb no. 7).

Holiday lets and the registration number

Anyone who repeatedly lets residential space to guests by the day or by the week is misusing it (§ 2 para. 1 no. 1 ZwVbG). Without a permit, this is only possible in your own main residence in Berlin, as long as residential use predominates at more than 50 per cent of the floor area; kitchen and bathroom each count as half (§ 2 para. 2 no. 5 ZwVbG). The State of Berlin draws the line for the let area at 49 per cent and requires a notification in advance, which is free of charge.

For the entire main residence, a permit can, as a rule, be considered if you only let it to guests while you are away and it remains your main residence (§ 3 para. 4 no. 2 ZwVbG). For a secondary residence, the permit is limited to no more than 90 days a year, except in cases of hardship, i.e. to just under a quarter of the year. If the applicant also has a main residence or another secondary residence in Berlin, the district office is, as a rule, not to grant it (§ 3 para. 4 no. 3 ZwVbG). The fee is 100 euros for the main residence and 150 euros for the secondary residence.

When the flat is sold, this permit does not, as a rule, pass with it. The district office generally ties it to the person, the space and the purpose; if the user changes, it expires (AV-ZwVb no. 10.4). The registration number is linked to the permit and cannot be transferred. The buyer submits their own application.

Since 20 May 2026, EU Regulation 2024/1028 on short-term rentals has applied, and Berlin amended its law with effect from 17 June 2026. Under these rules, anyone offering accommodation on a short-term basis applies in advance for a registration number, as a rule digitally. It is permanently assigned to the accommodation and the host, is listed in a public register and does not replace a permit (§ 5a paras. 1 and 5 to 7 ZwVbG). According to the Senate Department, the technical system is still being tested; until further notice, the existing registration numbers apply. From September 2024 to September 2025, the districts issued around 1,450 of them.

Offices, practices and commercial use

Anyone who uses a flat as an office, a law firm or a practice also needs a permit (§ 2 para. 1 no. 2 ZwVbG). According to the implementing regulations, the motive of earning a higher return is not sufficient for this (AV-ZwVb no. 10). If it is granted, it is, as a rule, linked to an ongoing compensation payment of up to 10.55 euros per square metre per month (§ 4 paras. 1 and 3 ZwVbVO). For 80 square metres, that is up to 844 euros a month or 10,128 euros a year.

Commercial use that already existed before 1 May 2014 enjoys protection of existing use (Bestandsschutz). However, this protection only lasts as long as the usage relationship existing at that time continues or the business established there is carried on (§ 2 para. 2 no. 2 ZwVbG). If the law firm moves out, the flat must generally be used for housing again; a doctor's practice that is sold as a whole and continued in the same speciality, for example, may remain (AV-ZwVb no. 8.2).

Rooms that were built for other purposes and were also used as such on 1 May 2014 are not residential space within the meaning of the law (§ 1 para. 3 sentence 2 ZwVbG). As an example, the implementing regulations cite office premises with cooking and sanitary areas (AV-ZwVb no. 6.1.6).

Demolition and alterations

Demolition and alterations after which rooms are no longer fit for living require a permit (§ 2 para. 1 nos. 3 and 5 ZwVbG). A permit is possible if overriding public interests or private interests worthy of protection prevail, for example if the residential space is no longer worth preserving, or by way of exception if adequate replacement housing is created (§ 3 paras. 1 and 4 ZwVbG). The replacement must generally be located nearby or at least in the same district (§ 3 para. 2 ZwVbG).

If no replacement is created, a one-off compensation payment of up to 4,600 euros per square metre of living space is due as a rule (§ 4 para. 3 no. 2 ZwVbVO). This maximum has applied since 21 March 2026; before that it was 4,100 euros. For a house with 120 square metres, that would be up to 552,000 euros.

Since 30 July 2026, there has been a relaxation for one- and two-family houses. When they are demolished, overriding private interests worthy of protection are to be recognised if residential space of at least the same extent is newly built there within a reasonable period (§ 3 para. 4 sentence 1 no. 4 ZwVbG). Unlike a permit for holiday guests, a demolition permit can be tied to the plot; it then passes to the buyer together with its conditions (AV-ZwVb no. 10.4). As a rule, it is limited to one year (AV-ZwVb no. 10.5).

If the plot is in a social preservation area (Milieuschutz), dismantling, alteration and change of use additionally require a permit under § 172 para. 1 sentence 1 no. 2 BauGB (Federal Building Code). Our social preservation map shows whether an address is affected.

Applications, fees and negative certificate

The responsible authority is the housing office (Wohnungsamt) of the district in which the flat is located. The application is made in writing, as a rule using the State of Berlin's form; according to the State, it cannot be submitted online. Owners enclose a current extract from the land register, and authorised representatives such as property management companies a power of attorney. If the flat is empty, the office requires proof that it is legally and actually vacant.

If no permit is required for a use, the district office issues a negative certificate (Negativattest) on application (§ 5 ZwVbVO). It confirms, for example, that rooms are not (or no longer) protected residential space. According to the implementing regulations, anyone who does without one bears the risk of using the rooms unlawfully (AV-ZwVb no. 18). The fees according to the State of Berlin:

If an application is withdrawn or rejected after processing has begun, between a tenth and half of the fee is charged. There is no separate fee for the registration number itself.

What this means for your sale

Work out the time between moving out and handover in advance. Three months is short. If documents are missing or the notary appointment is postponed, the period is quickly exceeded. It is therefore usually easier to start marketing while someone is still living in the flat; if a longer vacancy is nevertheless foreseeable, report it without delay once the three months have expired and apply for the permit. This also applies to inherited flats; the rest of the process is described in the guide Selling an inherited property. Whether selling with or without tenants pays off more is compared in the article Selling a let flat.

In the brochure, describe the use that is permitted. A possible holiday let as a selling point is of little help if the buyer needs a permit themselves and as a rule will not receive one for a secondary residence once they already have a main residence in Berlin.

If the flat is used as an office or practice, clarify on what basis before advertising it: a permit, protection of existing use dating from before May 2014, or no residential space within the meaning of the law. The relevant official notice belongs with the sales documents. Which other papers are needed is set out in the guide Documents for selling a property.

If a buyer plans to demolish the house, the compensation payment may factor into their calculation. Clarify with the notary's office what the purchase contract says about the previous use and existing official notices; the procedure is described in Notary appointment and land register.

Sources

• Senate Department for Urban Development, Building and Housing: ban on misuse of residential space, entry into force 2014, amendment 2018, EU regulation since 20 May 2026, status of registration
• Berlin Senate Department: ban on misuse of residential space (legal provisions and forms), Act since 12 December 2013, ordinance since 1 May 2014, Fourth Amending Ordinance
• Senate Department: questions and answers, flats and privately owned houses, registration number not transferable, fees
• Implementing regulations on the ban on misuse of residential space (AV-ZwVb), Official Gazette for Berlin no. 54 of 20 December 2024, nos. 6.1.6, 7, 7.4, 8, 8.2, 8.3, 10, 10.4, 10.5, 18
• Service Berlin: misuse of residential space, notification and permit, documents, written application, fees
• Service Berlin: holiday letting of a main or secondary residence, fees of 100 and 150 euros, negative certificate
• Service Berlin: reporting misuse of residential space, online report, free of charge
• § 1 Zweckentfremdungsverbot-Gesetz (ZwVbG), permit requirement, definition of residential space
• § 2 ZwVbG, misuse and exceptions
• § 3 ZwVbG, permit, replacement housing, main and secondary residence, one- and two-family houses
• § 5 ZwVbG, data, consumption records, vacancy notification
• § 5a ZwVbG, registration number under Regulation (EU) 2024/1028
• § 7 ZwVbG, administrative offences, range of fines
• § 1 Zweckentfremdungsverbot-Verordnung (ZwVbVO), entire city area
• § 4 ZwVbVO, compensation payments
• § 5 ZwVbVO, negative certificate
• Fourth Act amending the Zweckentfremdungsverbot-Gesetz of 3 June 2026, GVBl. p. 246, new § 5a, new § 7
• Housing Protection Act (Wohnraumsicherungsgesetz) of 16 July 2026, GVBl. p. 726, Article 3, amendment of §§ 3, 4, 4a and 5 ZwVbG
• Berlin House of Representatives (Abgeordnetenhaus), printed paper 19/3186, explanatory memorandum, around 1,450 registration numbers in one year, comparison of the legal texts
• Berlin House of Representatives, submission for information: Fourth Ordinance amending the ZwVbVO of 5 March 2026, 4,600 instead of 4,100 euros per square metre, text of the ordinance
• § 172 Federal Building Code (BauGB), preservation areas

All sources accessed on 10 October 2026.