Received a letter from a Berlin district office regarding your furnished or temporary housing in a social preservation area (Milieuschutzgebiet)? We have put together a free support package and will help you navigate the next steps.
At a Glance
- Since April 2026, Berlin district offices have been sending hearing notices and requests to landlords in social preservation areas (Milieuschutz) who rent temporarily.
- Wunderflats has prepared a free support package. It includes several components: a guide (including access to specialized law firms), the full GSK Stockmann legal opinion, and a template response letter.
- As a Wunderflats landlord, you can request the package at milieuschutz@wunderflats.com. This allows us to assess your case and send you the relevant documents.
- If you are not a Wunderflats landlord: send us your letter at milieuschutz@wunderflats.com and we will see how we can help.
Background
We explain the full legal context in our article Berlin Preservation Areas: What Landlords Need to Know About the New Administrative Regulation. Here is a brief summary.
On 18 April 2026, Berlin’s administrative regulation on approval criteria in social preservation areas came into force. It instructs district offices to treat furnished temporary housing in these areas as a change of use requiring a permit.
An administrative regulation is an internal directive to public authorities. It is not a law and does not bind courts. Section 172 of the German Building Code (BauGB) remains the legally binding reference. In practice, however, districts are applying the regulation, and individual landlords are already receiving hearing notices, requests to apply for a permit, or prohibition orders.
Our legal position, based on an opinion from law firm GSK Stockmann, is clear: residential use remains residential use. Renting out an apartment furnished and temporarily does not constitute a change of use under planning law.
If you rent temporarily in one of Berlin’s preservation areas and have received a letter from your district office, this is exactly what our support package is for.
The Support Package: an Overview
The support package brings together several components. They work together but can also be used individually. All components are free of charge.
1. Step-by-step guide for letters from the district office
The guide walks you through the steps to take after receiving a formal notice or hearing letter. It explains how to calculate deadlines, how a timely objection protects your right to claim compensation later, how to communicate with the district office, and how to document potential damages. So you know what to do first. The guide also includes contact details of specialist law firms that are already fully briefed on the topic. Legal representation in individual cases is handled by the law firm. Wunderflats does not provide legal advice.
2. The full GSK Stockmann opinion
The legal opinion from law firm GSK Stockmann (dated 13 January 2026) examines the core question: does temporary housing constitute a change of use requiring a permit under Section 172 BauGB? The answer is clear: no. The opinion serves as the legal basis for an objection and proceedings. You can view and download it here.
3. Template Response letter
As part of the support package, you will receive a concise summary of the key legal positions. This template response letter can be attached to your objection or shared with your lawyer as a factual basis.
Who is the Support Package for?
The support package is aimed at landlords with properties in the affected Berlin preservation areas that are rented as furnished temporary housing.
You can check whether your property is in a social preservation area via the Berlin Geoportal. If your property is outside these areas, the administrative regulation is not relevant to you.
How to Request the Support Package
Write to us at milieuschutz@wunderflats.com. Briefly describe your situation: which district your property is in, whether you have already received a letter from the district office, and if so, what deadline is mentioned.
We will assess your case and send you the relevant components. If you have already received a formal notice, please get in touch promptly. Deadlines are short, and a timely objection can make all the difference.
If you are not a Wunderflats landlord: send us your letter at milieuschutz@wunderflats.com. We will see how we can help.
What Wunderflats is Doing in Parallel
We set up the support package to provide direct assistance to landlords contacted by district offices. In parallel, we are working to resolve the broader legal question.
Together with specialized lawyers, we are preparing coordinated test cases before the Berlin Administrative Court. The goal is a swift court ruling on whether the administrative regulation may be applied to furnished temporary rentals at all.
At the same time, we are engaging at a political level, both in Berlin and at the federal level. Berlin depends on readily available housing: for international professionals, project workers, and people in transitional phases. Regulation that applies to this market across the board affects the city as a whole.
What We Recommend in the Meantime
There is no single recommendation that fits every case. Based on the current situation, the following applies to most landlords.
If you have not yet received a letter, you have no immediate obligation to act. The administrative regulation is addressed to the districts, not to you. Taking your property offline as a precaution or filing applications without cause will not, in our assessment, improve your position.
If you receive a letter from your district office, please do not respond on your own before speaking with us or a lawyer. A brief email to milieuschutz@wunderflats.com is enough, and we will discuss the next steps with you.
A note on state liability: anyone who fails to challenge a formal notice in time will generally lose the right to compensation from the state of Berlin, even if the prohibition later proves to be unlawful. A timely objection preserves these rights.
Frequently Asked Questions
What does the support package cost?
The support package is free of charge. Costs for individual legal representation in your specific case are a separate matter.
Do I need to be a Wunderflats landlord to receive the package?
The package is primarily for Wunderflats landlords. Even if you are not a Wunderflats landlord, you can send us your letter at milieuschutz@wunderflats.com, we’ll see how we can help.
I haven’t received a letter yet. Should I take action anyway?
Generally, no. Without an individual request or formal notice, there is no immediate obligation to act.
I have already received a formal notice. What first?
Get in touch promptly at milieuschutz@wunderflats.com and do not respond to the district office independently. Deadlines are short. The guide will walk you through the first steps, and we can refer you to a specialized law firm on request.
Does the support package replace legal advice?
No. The support package gives you orientation and solid templates. The legal assessment of your specific case and representation in proceedings are handled by a lawyer.
Important notice: This article reflects the legal assessment of Wunderflats, based on the legal opinion of law firm GSK Stockmann. It is for information purposes only and does not constitute legal advice. Since the legal assessment of your property depends on individual circumstances that we are not aware of, this text does not replace legal advice in your specific case. It does not contain binding instructions; we recommend reviewing your specific case before taking any action.
We will update this article as the legal situation, administrative practice, or court decisions change.
As of: 7 July 2026
