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Example of hotel use
Hotel properties are Purpose-built properties with an infrastructure and furnishings geared to the purpose of tourist accommodation. Especially in the case of small and medium-sized hotels in central locations, a change of use to profitable residential use is often an economically attractive option for the property owner.
From a legal point of view, the change of use to be assumed in this case can, depending on the concrete type of residential use envisaged, lead to considerable difficulties encounter. In particular, the question of parking spaces must be considered. In the parking space statutes of the municipalities, the respective parking space key is stipulated that applies to the different forms of use.
For hotels, one parking space is usually Parking space for hotels, one parking space per two/three beds is usually estimated, for general residential use, however, a parking space key of one or even two parking spaces per residential unit is regularly to be observed. Depending on the number of newly planned flats, it is therefore possible - especially when creating attractive Micro-apartments - may result in a (sometimes considerable) additional demand for parking spaces.
Advantage of residential homes
If, on the other hand, the implementation of special forms of housing (e.g. student residence, nursing home/ nursing home) is envisaged, the parking space situation is simplified situation is noticeably simplified due to the privileged status of these special forms of housing under the relevant municipal parking regulations.
It should be noted that some major German cities have abolished or are considering abolishing the parking space requirement for residential uses - and thus also for changes of use to residential use - which should significantly ease the situation in these municipalities.
It should also be taken into account that residential buildings often have to fulfil different building code requirements than hotel properties. Aspects of barrier-free accessibility, proof of children's playgrounds or noise protection are examples of this Noise protection may be mentioned. In central locations, the question of sufficient noise protection for a planned residential use will also be a legally relevant aspect in a corresponding building permit procedure.
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