Vacation apartments: City of Lübeck loses before the administrative court

  • 4 months ago

The city of Lübeck has fought against the unauthorized use of residential space for tourist purposes - especially in the old town - but without success. Instead, the Schleswig-Holstein Administrative Court ruled in favor of the landlords (A 158/20). The decision took into account the so-called grandfathering, under which the use as a vacation apartment was legal at the time of its creation.

In this case, the city of Lübeck had prohibited owners from renting out their property as a vacation apartment in 2019. Several landlords took legal action against this. One of the landlords is now allowed to rent his apartment to vacation guests again. Further proceedings are also ongoing. The city of Lübeck had taken action against the use of Lübeck's gang houses in order to protect living space for locals. The city is now relying on the Housing Protection Act passed by the Schleswig-Holstein state parliament on May 24, 2024. This gives local authorities the option of limiting the use of the buildings as vacation apartments.

In a case like this, interests clash. The director of the Association of North German Housing Companies, Andreas Breitner, believes that the authorities are right to intervene: "If the accommodation of tourists means that locals with limited incomes can hardly find affordable housing, then this limit has been exceeded." The Lübeck FDP, on the other hand, is on the side of the owners and supports them in "defending themselves against the prohibition orders of the administration and fighting for the protection of their vacation apartments, some of which have been lovingly renovated with a great deal of personal effort and financial expenditure".
© immonewsfeed

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