At a Glance
- Internal Directive, Not Law: The new Berlin administrative regulation (Verwaltungsvorschrift) is an internal instruction to district authorities. It is not a law and has no direct legal effect on landlords or courts; Section 172 of the Building Code (§ 172 BauGB) remains the only legally binding authority.
- Legal Conflict: Based on a legal expert opinion by GSK Stockmann, we believe the Senate’s interpretation directly contradicts established case law regarding the definition of “residential use”. We anticipate it will not hold up in administrative courts.
- Support Package: For landlords facing hearing notices or prohibition orders, we provide a comprehensive support kit, including guidelines, template objections, the full legal opinion, and referrals to specialized attorneys.
- Test Cases: We are preparing coordinated test cases before the Berlin Administrative Court and will cover all legal and court fees for cases we select.
- Our Recommendation: Do not take listings offline as a precaution and do not file permit applications without cause. If you receive correspondence from a district office, contact us immediately at support@wunderflats.com before responding.
What Is Happening?
On April 18, 2026, the “Administrative Regulation on Approval Criteria in Social Preservation Areas” came into force in Berlin, following its publication on April 17, 2026. Since then, many landlords renting furnished, mid-term apartments in preservation areas (Milieuschutzgebiete) have reached out to us with concerns.
In this post, we aim to do three things:
- Present the legal situation as it stands, including the Senate Department’s position, even where we believe it lacks a sound legal basis.
- Clearly state our own legal stance and disclose the specific grounds on which it is based.
- Detail the support Wunderflats has in place for affected landlords, ensuring you do not have to navigate this uncertainty alone.
The regulation instructs Berlin’s district authorities on how to decide on permits under Section 172 BauGB. Essentially, it classifies furnished mid-term rentals in these areas as a “change of use” requiring a permit. You can verify if your property is affected via the Berlin Geoportal. If your property is outside these 82 areas, this regulation does not apply to you.
Understanding the Legal Status of an “Administrative Regulation”
An administrative regulation is an internal directive from a government department to its subordinate agencies. It is not a law and does not constitute a legal act with direct external effect on citizens or companies. Only the underlying law, in this case, § 172 BauGB, is legally binding. Courts are not bound by these regulations; they evaluate the application of the law independently.
However, this does not mean the regulation is without consequence. District authorities will apply it. Until a court rules otherwise, official administrative practice will follow these instructions.
Two Legal Perspectives: And Why They Matter to You
The central question is whether the furnished, mid-term rental of an apartment constitutes a “change of use” under § 172 BauGB that requires a permit. There are currently two opposing positions.
1. The Senate’s Position
The Senate Department argues in the regulation that mid-term furnished rentals qualify as a change of use and are generally subject to permit requirements in preservation areas. Their argument is that the economic use of an apartment through short-term, furnished contracts differs structurally from “classic” residential use and promotes displacement, the very process § 172 BauGB is meant to prevent.
2. Our Legal Position: Housing Remains Housing
Supported by a legal opinion from GSK Stockmann (Prof. Dr. Ulrich Battis), our assessment is that the Senate’s interpretation contradicts long-standing case law. An apartment used for residential purposes does not change its “type of use” under § 29 BauGB simply because the tenancy is fixed-term or furnished.
Established courts differentiate a change of use based on whether the new use falls into a different planning category or requires different planning standards. Neither applies to mid-term residential tenancies. The GSK opinion concludes that applying this regulation to fixed-term residential tenancies cannot be reconciled with current law and established judicial practice.
What This Means for You
We believe the application of this regulation will be overturned in court. While the final determination of illegality rests with the judiciary, our stance is clear. Nevertheless, until a court rules, the regulation remains a factor in administrative practice: districts will use it, and individual landlords may face hearings or prohibition orders in the coming months. This is exactly where our support begins.
Our Support Package for Landlords
If a district authority contacts you, please email us at support@wunderflats.com. We provide the following resources free of charge (unless otherwise noted) to help you navigate your response.
Guidelines for Prohibition Orders
If you receive a notice, whether a usage prohibition, a hearing, or a request to apply for a permit, we will guide you through the critical first steps: calculating deadlines, securing liability claims through timely objections, communicating with the district, and documenting damages.
Within these guidelines, three specific components work together:
- Template Objection: Drafted by specialized attorneys based on the GSK Stockmann opinion, this template contains the core legal arguments against the regulation’s application.
- Expert Legal Opinion (GSK Stockmann): You can view and download the full opinion regarding § 172 BauGB here. It can be attached to your objection or used directly by your lawyer.
- Referral to Specialized Lawyers: We collaborate with firms specializing in administrative and construction law. Upon request, we can facilitate contact and share relevant documentation with your chosen attorney. (Please note: Wunderflats does not provide individual legal representation or advice).
Our Legal and Political Actions
Coordinated Test Cases
Together with specialized procedural lawyers, we are preparing test cases to have the regulation’s application to mid-term rentals judicially reviewed. Our goal is a swift progression through the courts.
- If you are interested in participating as a test case, email us at support@wunderflats.com with the subject line “Musterverfahren”.
- We internally select cases based on specific criteria (e.g., standard residential properties with no structural changes). In selected cases, we will cover 100% of the legal and court fees.
Political Advocacy
We are engaging with members of the Berlin House of Representatives and addressing this overreach of authority at the federal level. This is not just a legal issue: Berlin depends on high-quality, flexible housing for international specialists, researchers, and people in transition. Data from the ifo Institute and Prognos AG confirm this market’s importance to Berlin’s economy. You can find these gathered studies and facts at wunderflats.com/lp/en/temporary-housing-facts. Regulation that captures this market indiscriminately harms the entire city of Berlin.
Our Interim Recommendations
While every case is unique, we advise the following based on the current situation:
- No Immediate Action Required: As long as you have not received an individual notice, you have no duty to act. The regulation applies to districts, not directly to you. Taking listings offline or applying for a permit unprompted does not improve your legal position.
- Consult Before Responding: If you receive mail from the district, do not reply independently. Every written statement becomes part of the legal record. Contact us at support@wunderflats.com or a lawyer first.
- Protecting Liability Claims: Generally, if you do not challenge a notice in time, you may lose the right to claim damages against the State of Berlin, even if the notice is later found illegal. A timely objection is essential for securing future claims.
Important Disclaimer: This post reflects the legal assessment of Wunderflats, supported by the legal opinion of the law firm GSK Stockmann. It is for informational purposes only and does not constitute legal advice. Because the legal evaluation of your property depends on individual circumstances unknown to us, this text cannot replace individual legal counsel. It contains no binding instructions; any implementation should only occur after your own review of your specific case.
We will update this post as the legal situation, administrative practice, or court rulings evolve.
Last Updated: April 22, 2026
