No accommodation for construction workers in the residential building

Operating accommodation for construction workers in a residential building is not permitted without a permit. This was decided by the Neustadt/Weinstraße Administrative Court.

Anyone working on a construction project in an unfamiliar city needs a roof over their head. Hotels are expensive, so many tradespeople use affordable apartments for their employees. A recent case shows that these apartments aren't always approved for this purpose . The legal consequences only affect the landlord, not the guests. However, the guests had to find new accommodation.

The case

In December 2021, the building inspectorate inspected a residential building that had been approved as a two-family house in 1960. They found a total of thirteen people living there, all employees of various companies and only temporarily. The rooms were generally furnished with two beds, and there were shared kitchens and bathrooms.

The city subsequently prohibited the use of the house as accommodation for construction workers. The owner argued that no change of use had occurred and that the building was not being used as accommodation for construction workers. Rather, she had simply rented the apartments to two companies.

The judgment

The Neustadt/Weinstraße Administrative Court upheld the ban . The building authority acted correctly, as the building was being used as accommodation for construction workers or as a lodging establishment without the necessary building permit . A mere formal violation of building regulations – i.e., use without the required building permit – is sufficient grounds for prohibiting use .

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According to the court, only residential use was permitted. This presupposes permanent residence and independent living.

However, the actual conditions on site pointed to a lodging establishment. One indication was an internet advertisement placed by the owner, explicitly offering rooms for tradespeople . House rules , a key box with a combination lock, and information about Wi-Fi provided by the landlord also demonstrated, in the court's opinion, that the accommodation was designed for changing occupants.

Administrative Court Neustadt/Weinstraße, judgment of July 9, 2026, file number 4 K 8/26.NW , not legally binding

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