City says new flats in roof of Pfitznerstraße and Christoph-von-Gluck-Platz buildings do not breach tenant protection rules

Munich City Council has confirmed that a planning permission for a loft conversion at Pfitznerstraße 13 and Christoph-von-Gluck-Platz 33 was lawfully granted. It also says the area's preservation bylaw, which is meant to protect existing residents, does not apply to the works. The answer from city planning director Professor Dr Elisabeth Merk followed a question from Die Linke councillors Arif Haidary, Katharina Horn, Stefan Jagel, Liliana Parente and Christian Schwarzenberger, dated 30 July 2026. Their question asked how the city is supporting tenants against Capstone.

The councillors said the owner had received planning permission for a loft conversion and warned that existing tenants could be pushed out. They asked whether there was building permission for two additional storeys. They also asked why such extensive permission had been granted when, in their view, it could not be justified by the surrounding buildings under section 34 of the Federal Building Code. The Department of Urban Planning and Building Regulations replied that the relevant surroundings are the block between Knorrstraße to the west, both sides of Pfitznerstraße to the south, Milbertshofener Straße to the north and Christoph-von-Gluck-Platz to the east. Buildings on both sides of Königsteinerstraße could also be taken into account. It concluded that the project fits in with the surrounding development, so the application had to be approved.

The approved plans involve demolishing the existing roof structure. It is heated but has never been converted for housing. A new roof will be built with 13 flats on the attic floor and nine in the roof apex, the first time the roof space of either building has been converted. The Social Services Department's Office for Housing and Migration was consulted during the planning process. It found that no existing homes are affected and that new housing is being created. As a result, the works do not require approval under the preservation bylaw.

The city also said the "Frankfurter Ring" preservation bylaw cannot be used to stop the works, because it only covers existing homes and not newly created ones. The councillors had asked whether the bylaw would prevent a luxury modernisation and the displacement of tenants. They had also asked whether a modernisation announced to tenants had been reported and approved. The answer addressed only the roof works.

Asked about empty flats, the Office for Housing and Migration said an on-site check had found no vacant homes in either building at present. If homes are found to be left empty without good reason in future, the city says it will open proceedings for misuse of housing and use all available legal means. However, it added that homes standing empty because of planned renovation or building work are usually considered justified.