Hanover declares war on Airbnb: misappropriation now banned!
Hanover now prohibits the misuse of living space and is setting new rules for short-term rentals.

Hanover declares war on Airbnb: misappropriation now banned!
In Hanover, the misuse of living space is now strictly prohibited. This was decided by the city council and will soon be published in the official gazette. The regulation particularly affects short-term rentals, such as those offered via platforms such as Airbnb. These measures are intended to ensure that apartments are primarily used for permanent housing in order to counteract the ongoing housing shortage. An unregulated market for short-term rentals has recently been growing rapidly among both private owners and professional landlords, as haz.de reported.
“What do I do with my apartment now?” asks a 49-year-old owner from Wülfeler Washingtonweg who wanted to buy a suitable home for her son. After eleven years of vacancy due to her predecessor moving into a retirement home, the use of her property now remains completely unclear. Without permission for short-term rentals, she has so far had no chance of using her apartment profitably.
Short-term rentals and their consequences
One person who has mixed feelings about the new regulations is Hanoverian Winfried Wallat, a so-called superhost at Airbnb. With less than half of his living space rented out to guests, he remains unaffected by the changes. According to the new statutes, subletting is still permitted for up to seven weeks per year. Wallat, who only rented out 48 times last year, also sees advantages in the new regulation: Thanks to the measures against misappropriation, he expects the strain on the tense housing market to be relieved.
But this topic is not only important in Hanover. In cities like Nuremberg, the misappropriation statutes provide clear guidelines when living space is no longer used for residential purposes. Landlords must ensure that more than 50 percent of the area is not used for commercial purposes. This emerges from a report on airbnb.com. It is recommended to deal with the declaration of division at an early stage in order to identify any commercial uses in good time and to obtain possible permits.
Legal situations and advantages for urban development
The problem of misappropriation not only has individual consequences, but also affects urban planning and development. As the Herfurtner law firm shows, many German cities have created their own regulations, motivated by the fight against the housing shortage. The legal basis for this is the Misappropriation Prohibition Act (ZwVbG), which has implemented particularly strict requirements in Berlin. Violations of the ban there are subject to high fines of up to 500,000 euros.
The overview is intended to help you understand the regulations better:
| Type of use | Approval required? | Exemplary penalties |
|---|---|---|
| Tourist rental | Yes | Up to 10,000 euros for first violations |
| Commercial use | Yes | Up to 500,000 euros for repeat offenders |
| Permanent vacancy | No | Individual finesse possible |
The new regulations on misappropriation aim to protect both tenants and owners and to preserve living space sustainably. They promote the availability of living space and prevent excessive rent increases. This paves the way for stable urban development from which all citizens can ultimately benefit.