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Residential property in areas with tourist functions; application for permission to establish or divide a property
Tourist communities may stipulate by statute that the establishment or division of residential property is subject to approval.
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Landratsamt Coburg - FB 41 Bauwesen rechtlich
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Lauterer Str. 60
96450 Coburg
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Postfach 2354
96412 Coburg
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Description
Municipalities that are predominantly characterized by tourism as a whole or at least in part can stipulate in a development plan or other bylaws that the establishment or division of residential property or partial ownership (Section 1 of the German Residential Property Act - WEG), the establishment of a heritable building right and a permanent residential right, the establishment of fractional ownership, regulations in accordance with Section 1010 (1) BGB in the case of existing fractional ownership or use as an ancillary dwelling are subject to approval. The purpose of such a regulation is to maintain the tourist function of the municipality. Section 22 of the German Building Code (BauGB) contains more detailed regulations on this.
The planning permission authority decides on the approval in agreement with the municipality. Approval may only be refused if the legal transaction covered by the approval requirement impairs the purpose of the area for tourism and thus the urban development and order.
Requirements
The approval requires an application to the responsible building approval authority.
Legal bases
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§ 22 Baugesetzbuch (BauGB)"Sicherung von Gebieten mit Fremdenverkehrsfunktionen"
Status: 14.02.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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