Court overturns residential use in Donnersbergkreis: What does that mean for tenants?

Court overturns residential use in Donnersbergkreis: What does that mean for tenants?

A recent decision by the Neustadt Administrative Court is causing a stir in the Donnersberg district: an urgent application against the ban on the use of two apartments has been rejected. This ruling, handed down on June 5, 2025, makes it clear that the apartments cannot be occupied without the necessary permits. The building, which once served as an inn with guest rooms, had been used as a nursing home for the elderly since 2014 until it was closed due to significant fire safety deficiencies. The landlord tried to enforce use as apartments, but without a valid building permit. This is a classic case of use without legal permission, which brought the building inspectorate to the fore and ultimately led to the legal measures that led to the current situation.

In detail, the residential use was introduced by the landlord in 2018 without proper approval. The building supervisory authority determined on July 11, 2019 that a building application was necessary and requested its submission. Although such an application was received on March 6, 2020, it could not be processed due to missing documents. The repeated usage bans against the tenants were finally issued on February 17, 2023 and April 24, 2025, on the basis of Section 81 of the Rhineland-Palatinate State Building Code. This regulation enables the authority to prohibit the use of facilities that violate building regulations, and to do so in the interest of the general public.

Context for usage classification

In other cases it is also clear that building regulations in Germany are strictly enforced. A similar decision was recently made regarding a drinks market in Hagenbach, where an urgent application was also rejected. The complaints of residents who suffered from the noise and increased traffic were taken into account. The building inspectorate had determined that the market could not be operated in a purely residential area, which led to a final ban on use. The administrative court decision of January 22, 2025 confirmed the regulations and made it clear: the interests of the neighbors outweigh the economic interests of the operator.

These decisions illustrate the approach of building control authorities aimed at enforcing building law standards. The ban on use in the case of the nursing home is not an arbitrary measure, but rather a regulated procedure that takes action against illegal use. While the tenants now have the opportunity to lodge a complaint with the Rhineland-Palatinate Higher Administrative Court within two weeks of delivery of the decisions, they are faced with the challenge of complying with the legally stipulated requirements.

The Neustadt Administrative Court has made it clear that the protection of neighbors and compliance with building regulations have the highest priority. The case in Donnersbergkreis and the urgent application against the ban on the use of a beverage store are clear examples of how seriously the authorities take their task of monitoring compliance with building and fire protection regulations. It remains to be seen how the situation will develop and whether alternative solutions can be found for the affected tenants.

Further information and details on legal procedures can also be found from the relevant legal experts on sites such as lawandpolitics.com, socialticker.com and juraforum.de.