Notification of private accommodation letting See explanation of the designation of:

Conditions

Description

Information on the procedure

General information Explanation of this section

The accommodation of guests as a domestic ancillary activity must be notified to the mayor.

Requirements Explanation of this section

Notification to the mayor of the municipality in which the accommodation or other living areas to be let are located, stating the location, size and number of accommodation units or other living areas and the respective number of beds. The accommodation units or other living areas to be let must be part of the landlord's common household. This is certainly the case if the guests are accommodated in the same house as part of the landlord's housing association. The total number of beds provided for the accommodation of guests may not exceed 10; the services associated with the accommodation may only be provided by members of the landlord's household. The rooms must comply with construction, fire and sanitation regulations and be suitable for the accommodation of guests according to local standards. Reliability of the landlord and of the persons belonging to his/her household.

Deadlines Explanation of this section

None. No letting of private accommodation may be carried out before the notification has been confirmed by the mayor.


Duration of the procedure

If the conditions are met, the mayor is required to confirm the complete notification without undue delay and at the latest within 6 months of the date of submission of the notification. If the requirements are not met, the notice of refusal must be issued without undue delay, but at the latest within 6 months of the date of submission of the notification.

Procedure Explanation of this section

Notification including submission of the required documents; review; confirmation of the notification by the mayor; if the requirements are not met, notice of refusal.

Required documents Explanation of this section

Criminal record certificates; plan of the location, size and number of living areas or other accommodation, information on suitability and compliance with building, fire and public health police requirements.

Costs Explanation of this section

The costs for the confirmation according to the Fees Act are: for the submission of the notification EUR 14.30; for enclosures EUR 3.90 per sheet, but no more than EUR 21.80 per enclosure; reduced fees apply for submissions and enclosures that are submitted electronically using the electronic proof of identity (E-ID) function in accordance with section 4 et seq. of the E-Government Act. EUR 15.00 under the Municipal Administrative Charges Regulation (Gemeinde-Verwaltungsabgabenverordnung). Detailed information on fees/tax arrangements can be found in the Fees Act 1957 (Gebührengesetz 1957) and in the Municipal Administrative Charges Regulation 2007 (Gemeinde-Verwaltungsabgabenverordnung 2007) or can be obtained from the relevant municipal office. The costs incurred can be paid electronically by bank transfer after the confirmation has been issued.

Responsibilities

Competent authority Explanation of this section

Details

Authentification and signature

An electronic signature (Handy-Signatur or e-ID) or handwritten signature on the application is not mandatory. In the event of doubt as to identity or authenticity, the authority may require evidence to be produced.

Legal basis Explanation of this section

Private Accommodation Letting Act (Privatzimmervermietungsgesetz), Sections 1 to 7;

Legal remedies

Appeals against the prohibition notice may be lodged before the Regional Administrative Court. The appeal must specify the contested decision and the authority that issued it. It must contain a request and set out the grounds on which the allegation of illegality is based. The appeal must be submitted in writing to the authority that issued the decision within 4 weeks of notification of this decision, and must contain information that makes it possible to assess its timeliness. The authority may issue a preliminary appeal decision. The appeal may be filed electronically: Beschwerde im Verwaltungsverfahren (Appeals in administrative proceedings).

If the administrative authority fails to make a decision within 6 months, you have the option of filing a complaint before the Regional Administrative Court regarding the delay. This must be filed with the defaulting authority. The complaint must specify that authority, set out a specific request and demonstrate that the authority’s time limit for making a decision has expired.

Last update

12.03.2024