Occupancy violations in subsidised flats
<p>The demand for affordable housing in the City of Munich is very high. This makes it all the more important that subsidised flats in particular are occupied by tenants who are also entitled to do so. Appropriate authorisation is granted by the Office for Housing and Migration.</p>
<p>In the interests of fair play in social housing, we particularly want to support those who are looking for subsidised housing and are dependent on its use.</p>
<p>The task of housing monitoring is therefore to uncover, stop and penalise occupancy violations in subsidised housing. There is an investigation service that inspects housing in the field.</p>
<p>Measures can be directed both against flat owners (e.g. eviction orders) and against flat owners (e.g. fines and penalty notices). The amount of the fine can be up to 100,000 euros depending on the severity of the offence.</p>
Agent Black occupancy, misappropriation, vacancy, residential property monitoring Construction Control Cover Flat Investors Occupancy Offences Penal Property Subsidies Subsidised Violation builders direct entitled fence misappropriation notices occupied particularly promote residential tasks vacancy violations

# Occupancy violations in subsidised flats

## Summary

Report to us if you have the impression that subsidised flats are not being used in a lawful manner or that there is an occupancy violation.
## Description

The demand for affordable housing in the City of Munich is very high. This makes it all the more important that subsidised flats in particular are occupied by tenants who are also entitled to do so. Appropriate authorisation is granted by the Office for Housing and Migration.

In the interests of fair play in social housing, we particularly want to support those who are looking for subsidised housing and are dependent on its use.

The task of housing monitoring is therefore to uncover, stop and penalise occupancy violations in subsidised housing. There is an investigation service that inspects housing in the field.

Measures can be directed both against flat owners (e.g. eviction orders) and against flat owners (e.g. fines and penalty notices). The amount of the fine can be up to 100,000 euros depending on the severity of the offence.

## Responsible Department

SOZ
## Fee Range

Fees are payable for official acts in accordance with the Costs Act and the Schedule of Costs.

## Legal Basis

* Bavarian Housing Commitment Act (BayWoBindG)
* Bavarian Housing Promotion Act (BayWoFG)
* Ordinance on the Implementation of Housing Law and Special Urban Development Law (DVWoR)
* Administrative regulations on the implementation of housing commitment law (VVWoBindR)

## Questions and Answers

**What is an occupancy offence?**

  


The law strictly regulates the conditions under which subsidised housing may be let to people seeking accommodation. If a flat is occupied or used contrary to these legal provisions, this constitutes an occupancy offence. This includes, for example

  


* leaving it empty for more than three months without authorisation
* letting the property to unauthorised persons seeking accommodation (this also includes letting or subletting to tourists)
* unauthorised self-use by the owners
* as well as unauthorised misuse of subsidised housing.

**When is an occupancy offence committed?**

  


The following cases, for example, constitute an occupancy offence:

* Not all persons who have received authorisation from the Office for Housing and Migration for a particular flat move in (under-occupancy). Please note that subsequent move-outs by household members do not constitute an occupancy violation.
* A subsidised flat is passed on to relatives within a family. Even children or grandchildren cannot automatically take over the flat if their authorised parents or grandparents move out.
* The flat is rented out commercially to changing persons, for example to tourists. This is not permitted, as subsidised flats are intended for permanent residential use.
* A flat is vacant or is not used for residential purposes (e.g. use as an office, other examples of [misappropriation](http://www.muenchen.de/dienstleistungsfinder/muenchen/1076745/)).

Please note that the majority of subsidised flats are properly occupied by tenants. If the household income increases over the years, this does not constitute an occupancy offence. Only the income situation at the time the occupancy licence is granted is decisive.

  


  


**Who can report occupancy violations in subsidised housing?**

Anyone can report a suspected occupancy violation using the

[Reporting form](http://formulare2.muenchen.de/process.php?path=soz/soz_zweckentfremdung/soz_zweckentfremdung)

form. Once the report has been checked, the housing inspectorate will take action ex officio if necessary.

  


  


 **Is it also possible to report occupancy violations anonymously?**

  


Yes, you can choose to make the report anonymously in the report form.

  


  


**What are the consequences of an occupancy offence?**

  


If occupancy and usage violations are detected, an administrative procedure will be initiated to rectify the situation. If it is not possible to remedy the situation, the tenancy agreement must be terminated and the tenants must move out. If this is not complied with, the lawful condition will be restored by means of administrative enforcement. Fines and penalties may be imposed for culpable breaches of the law. The amount of the fine can be up to 100,000 euros, depending on the severity of the offence.

  


  


 **Can housing surveillance help with private-law tenancy disputes or housing defects (e.g. mould)?**

  


No, the contact person at the Office for Housing and Migration is the

[Rental advice centre](https://www.muenchen.de/dienstleistungsfinder/muenchen/1074551/)

in the building, tel. 089/233-40200.

## Editorial Note

AP: Larissa Schindlmeier
## Further Links

* [Subsidised housing (so-called social housing)](https://stadt.muenchen.de/service/info/1073964/n0/)
* [Rent counselling](https://stadt.muenchen.de/service/info/1074551/n0/)
* [Misappropriation](https://stadt.muenchen.de/service/info/1076745/n0/)
* [Flyer "Fairplay! - In social housing"](https://stadt.muenchen.de/dam/jcr:2bd45d29-e4f4-4890-8830-9906eb1ae714/LHM%20Fair%20Play%20Flyer.pdf)
* [Report online](http://formulare2.muenchen.de/process.php?path=soz/soz_zweckentfremdung/soz_zweckentfremdung)

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