This article provides specific information about local laws that apply to people who host their homes in Erlangen. Just like our country article for Germany, it’s your responsibility to verify and comply with any obligations that apply to you as a host. This article can serve as a starting point or place you can come back to if you have questions but it isn’t exhaustive and it doesn’t constitute legal or tax advice. It’s a good idea to check to make sure laws and procedures are current.
Some of the laws that might affect you are complicated. Contact the Erlangen Building Supervisory Office or consult a local attorney if you have questions about how the law affects you and your space.
Short-term rental regulations
The Building Supervisory Office enforces Erlangen’s regulations that states that other uses of residential spaces than for residential purposes in principle require a permit by the City of Erlangen. In cases of vacation rentals the permit requirement only applies if the residential space is rented to tourists for more than 8 weeks per year. The regulations in Erlangen are solely applicable to residential space, which according to Erlangen’s regulations is defined as any space within city limits which is objectively suitable and subjectively intended for residential purposes. This includes corporate apartments, student housing, and residential homes.
Exceptions to the permit requirement
The regulations in Erlangen state that - without a permit - you’re not allowed to use more than 50 % of the floor space of any residential space for non-residential purposes, such as commercial or professional purposes like short-term rentals to guests. However, the regulations allow you to rent your entire home to guests for a combined total of up to eight weeks per calendar year without a permit.
Additionally, there are no limits or permits required for renting out individual rooms within your own home as long as the rented space is not more than 50 % of your property’s floor space.
If you want to use more than 50% of the floor space of your residence for purposes like short-term rental or you intend to rent your entire residential space to tourists for more than 8 weeks per year, you need to obtain a permit from the City of Erlangen. This permit has to be granted if prevailing public interest or private interest that is worthy of protection prevails over the interest of protecting the living space that the regulations seek to protect. Furthermore, it can be granted if the public interest in the preservation of residential space is compensated by the creation of replacement residential space or a payment.
Get the permit application from the City of Erlangen's website. The outcome of any permit application also applies to the legal successor of the applicant or anyone who takes possession of the space.
You can find further information about regulation on the City of Erlangen’s website.