The city council adopts a new statute effective from December – since 2021, 86 previously unauthorized apartments have been returned to the housing market
The city of Darmstadt, a center of science and research, intends to continue its regulations governing holiday apartments . The city council has approved a new set of regulations, which are scheduled to come into effect on December 1, 2026 , following the completion of the parliamentary process . The existing regulations will remain unchanged.
The current holiday apartment ordinance has been in effect since October 1, 2021. It allows the city to take action against the unauthorized use of residential space as a holiday apartment or for commercial tourist accommodation. To this end, the building authority checks, among other things, listings on relevant internet platforms and compares them with existing permits.
86 apartments are once again permanently occupied
Since the statute came into force, the city has identified a total of 161 residential units up to August 1, 2026 , which were being used as holiday apartments without the required permit.
In 86 cases, permanent residential use has now been achieved. This involves a total area of approximately 6,179 square meters. A further 75 cases are still being processed.
Head of Construction Paul Georg Wandrey sees the statute as an instrument for securing existing housing, but limits its impact on the entire housing market: "The statute will not fundamentally relieve the strained Darmstadt housing market." However, it enables the city to take action against unauthorized conversions and to reclaim apartments for permanent use.
Permits and exceptions remain possible
If unauthorized use is detected, the city will first consult with the owner or provider. Depending on the specific case, the use as a holiday accommodation can be terminated, the apartment can be rented out again on a long-term basis, or a permit can be applied for.
For the permanent use of an entire apartment as holiday accommodation, a permit may be made conditional upon the provision of replacement housing or a compensatory payment. These principles correspond to the currently applicable holiday apartment regulations.
Exceptions exist, for example, in the case of so-called home sharing. Special regulations apply if only one room in the owner's continued residence is rented out, or if the owner's own apartment is offered during a temporary absence. For short-term rentals, the statute specifies a period of up to eight weeks per calendar year.
The new statutes still need to go through the parliamentary process. According to the city, further implementation will be carried out with existing staff and financial resources.
(DARMSTADT – RED/PSD/stip)
