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The current political debate surrounding the proposed Housing Security Act (Wohnraumsicherungsgesetz) and planned restrictions in social preservation areas (Milieuschutz) has left many Berlin landlords feeling uncertain.
At the heart of the matter are two critical questions:
- Does switching from long-term to mid-term rental constitute a “change of use” requiring a permit?
- Is furnished temporary housing still a legally secure option?
On January 6, 2026, the Berlin Senate announced it was reviewing amendments to three existing laws:
- The Berlin Housing Act (WoG Bln)
- The Housing Inspection Act (WoAufG Bln)
- The Misappropriation Prohibition Act (ZwVbG)
The most concerning proposal for landlords is the plan to make temporary housing subject to a permit requirement in social preservation areas, which cover roughly one-third of the city. The Senate argues that fixed-term rentals should “fundamentally be classified as a change of use requiring a permit”.
The stated goal is to “curb commercial models and overpriced subletting that remove housing from the regular rental market”. While this may sound like a valid concern, the proposal ignores modern housing dynamics and conflicts with existing federal law.
Expert Opinion: Temporary Housing is NOT a "Change of Use"
To provide clarity in this uncertain climate, Wunderflats commissioned a formal legal opinion from the renowned law firm GSK Stockmann. Led by Prof. Dr. Dr. h.c. Ulrich Battis, the report reaches a definitive conclusion: Temporary housing is regular “living” and does not require a change-of-use permit.
Here are the key findings for landlords:
1. Temporary Housing is "Living," Not a Business
The legal opinion clarifies that furnished temporary housing meets all the legal criteria for “residential use”: established domesticity, independent household management, and voluntariness.
- No Change of Use: Since both indefinite and fixed-term rentals fall under the category of “residential use,” switching between them does not trigger a permit requirement.
- Distinct from Hotels: With a minimum stay of at least one month, the ability for tenants to register their address (Anmeldung), and the ability to receive mail, temporary housing is clearly distinguished from commercial hospitality or vacation rentals.
2. The State of Berlin Lacks Jurisdiction
A central finding is that the State of Berlin has no authority to unilaterally redefine the term “change of use”.
- Federal Law Overrules State Law: The definition of “change of use” is exhaustively regulated by federal law in the German Building Code (BauGB). Berlin cannot bypass these national standards through local administrative regulations.
- Constitutional Risk: The opinion draws parallels to the Berlin “Rent Cap” (Mietendeckel), which was ruled unconstitutional because the state overstepped its legislative powers. Because jurisdiction over land and rental law remains with the Federal Government, a deviating Berlin regulation is highly vulnerable to legal challenges.
3. Financial Risk for Berlin: Official Liability
If Berlin districts deny permits based on these legally flawed proposals, the State of Berlin faces significant official liability claims (Amtshaftung). Landlords could claim damages for lost rental income if their applications are unlawfully rejected.
4. Temporary Housing as a Solution, Not a Problem
The report emphasizes the economic importance of flexible housing. Berlin needs temporary housing for highly qualified professionals, project workers, and students to remain an attractive international business hub.
What Does This Mean for You?
For landlords on Wunderflats, nothing changes for the time being. We recommend that you remain calm: the legal situation clearly supports the permissibility of offering temporary accommodation via Wunderflats. As long as you manage your rentals through our platform, you operate within a secure framework. We design all processes and contracts in a way that ensures legally compliant rentals.
The criteria for compliant renting on Wunderflats include:
- A minimum rental period of at least one month.
- No tourist or short-term accommodation.
- The possibility for tenants to register their residence (Anmeldung).
- The apartment must be fully furnished.
- Monthly rent payments.
Wunderflats is actively engaging in political dialogue. On January 15, Prof. Dr. Dr. h.c. Ulrich Battis presented the expert opinion during a political evening to ensure it is considered in the ongoing legislative process. Following the presentation, a panel discussion on stage featured key stakeholders:
- Martin Hikel (District Mayor of Berlin-Neukölln)
- Dr. Ersin Nas (CDU Parliamentary Group Spokesman for Rent and Housing)
- Wibke Werner (Managing Director, Berliner Mieterverein e.V.)
- Jan Hase (CEO, Wunderflats GmbH)
Our goal remains clear: Berlin must remain a city where temporary housing is possible.
Read the full Legal Expert Opinion here or view our Press Release from January 15 here (German content).
Please note: This article does not constitute legal advice. The content has been prepared for informational purposes only. As a platform, we can share our assessments but cannot provide legally binding recommendations for your specific individual case.
