Preservation statutes - conversion to special ownership
<p>The conservation statutes protect the existing population structure in their area of application. For this reason, a so-called conversion ban applies in conservation statutes areas: the creation of residential property or partial ownership is subject to authorisation.</p>
<p>Depending on how many flats there are in the building in which a conversion is planned, different authorisation requirements apply in some cases.</p>
Agent Areas Condom Condominium Construction Conversion Flat Investors Population Preservation Property Reserve Special Species builders called ownership reasons requirement residential states structures

# Preservation statutes - conversion to special ownership

## Summary

If you want to establish residential property or part ownership in a conservation statute area, you will need authorisation.
## Description

The conservation statutes protect the existing population structure in their area of application. For this reason, a so-called conversion ban applies in conservation statutes areas: the creation of residential property or partial ownership is subject to authorisation.

Depending on how many flats there are in the building in which a conversion is planned, different authorisation requirements apply in some cases.

## Responsible Department

SOZ
## Required Documents

For the authorisation procedure, please also enclose the following documents with the completed application for conversion to residential property:

* Extract from the land register
* Declaration of division
* Completion certificate
* Apportionment plan in accordance with the German Condominium Act (WEG)
* Reasons for the application
* Power of attorney if the applicant is not the owner

## Prerequisites

**Buildings in which there are fewer than 11 flats (regardless of how many flats are planned to be converted).**

* It is economically unreasonable to maintain the building.
* The property is part of an estate and is to be divided among the heirs.
* The separate property is to be sold to family members for their own use.
* There are third-party claims to the transfer of separate property.
* The building is not being used for residential purposes at the time of the application.
* You undertake to sell flats only to tenants in the seven years following the establishment of the property.

**Buildings in which there are eleven or more flats (regardless of how many flats are planned to be converted)**

Authorisation may be granted after examination if the conversion is justified by one of the following circumstances:

* Refraining from the conversion is not reasonable.
* The property is part of an estate and is to be divided among the heirs.
* The separate property is to be sold to family members for their own use.
* There are third-party claims to the transfer of separate property.
* The separate property is to be sold to at least two thirds of the tenants for their own use.

## Fee Range

Application processing costs a minimum of 25 euros and a maximum of 1,000 euros.

## Legal Basis

* Preservation statutes in accordance with section 172 of the Building Code (BauGB)
* Condominium Act (WEG)
* Section 250 of the Building Code (BauGB)
* Zoning ordinance for construction

## Further Links

* [Conservation statutes - avoidance of the right of first refusal](https://stadt.muenchen.de/infos/erhaltungssatzung-muenchen.html)
* [Preservation statutes - authorisation of construction measures](https://stadt.muenchen.de/service/info/1076751/n0/)
* [Application for conversion to condominium ownership (for fewer than eleven flats in the building if the building is located in a conservation statute area)](https://stadt.muenchen.de/dam/Home/Stadtverwaltung/Sozialreferat/wohnungsamt/Umwandlung-von-Wohnungseigentum/Antrag-auf-Umwandlung-in-Wohnungseigentum-unter-11-Wohneinheiten.pdf)
* [Application for conversion to condominium ownership (From eleven flats in the building. Regardless of whether the building is located in a conservation statute area or not)](https://stadt.muenchen.de/dam/Home/Stadtverwaltung/Sozialreferat/wohnungsamt/Umwandlung-von-Wohnungseigentum/Antrag-auf-Umwandlung-in-Wohnungseigentum-ueber-10-Wohneinheiten.pdf)
* [List of the affected flats and residents](https://stadt.muenchen.de/dam/Home/Stadtverwaltung/Sozialreferat/wohnungsamt/Erhaltungssatzung/Auflistung-der-betroffenen-Wohnungen-und-Bewohnerinnen.pdf)
* [Application for conversion to condominium ownership](https://service.muenchen.de/intelliform/forms/01/03/03/umwandlung_wohnungseigentum/index)

## Keywords

* Agent
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