Change of use from residential area to commercial area for dog care

Hello everyone,

Until now, I have been a quiet reader and have learned a lot from you about buying our house, what we need to pay attention to, and questions about financing, which I have been able to clarify for us, thank you very much for that! Currently, however, we are concerned with a topic for which I have not yet found a clear answer, which is why I am actively reaching out to you:

About a year ago, we bought a 180 sqm bungalow on a plot of about 1400 sqm in Lower Saxony. Apparently, there is no development plan and our side of the street is designated as a general residential area. My wife would like to offer dog care (2 to 3 dogs) here with us as a secondary business. When registering the business, we found out that a change of use of part of the residential building to commercial use must be applied for. However, since dog care apparently counts as a "disturbing" business, the prospects for approval are very poor.

I then looked into the Lower Saxony building regulations and found § 62, which states that a change of use can be approved without a permit under certain circumstances. It refers, among other things, to buildings of class 3 (up to 7 m building height). Our bungalow is 6.49 m high.

My question now is: Can someone tell me if this paragraph can be helpful for permit-free change of use, are there other possibilities, or does the matter seem hopeless? Furthermore, I would like to know if this change of use has disadvantages for our house and us, for example, if the living room undergoes a change of use.

It should also be mentioned that on the other side of the street (about 250 m away) there is a small sawmill/carpentry and further up the road a motorhome rental and a train station.

Before we consult a lawyer, I at least hope for information on whether there is a general chance.

I look forward to your opinions, thank you very much! Karsten

Our side of the street is designated as a general residential area.

Who or what designates it as a general residential area?

When registering the business, we learned that a change of use of part of the residential building to commercial use must be applied for.

Who says that? An employee of the public order office? Have you inquired at the building permit authority? How many dogs do you have yourselves?

under certain circumstances

Which circumstances do you refer to in your case?

whether this paragraph can be helpful to me for the change of use that is exempt from approval

No. §62, paragraph 1, sentence 1 of the Lower Saxony Building Code
... if the building areas named in numbers 1 to 3 are determined by a development plan within the meaning of §30 paragraphs 1 or 2 of the Building Code...
You have denied that:

Apparently there is no development plan

Unless appearances are deceiving.

or does the matter seem hopeless?

Now, I am not familiar with business registration, but I wonder on what legal basis the obligation to change the use is supposed to rest. Even if you had two dogs of your own, I see no reason for the change of use of any room. It gets critical of course if more than five dogs are involved.
However, even if there actually is a regulation that requires the structural change of use, I still see chances. With a precise analysis of the surroundings, where which businesses are located nearby, the character of the area could be re-evaluated, e.g., special residential area. I would only take the path to a lawyer if talks with senior authority staff and political representatives of the citizens reinforce the rejection without convincing arguments being presented.

Well, in a 'normal' residential area, a dog boarding facility is already very problematic. If you have neighbors in close proximity, I see little point in it; even if it were approved, you will create problems.

It's not about a huge dog boarding facility, but about 2-3 animals as a sideline, maybe just as day care? I don't see that as particularly disturbing to the neighborhood.

Well, if you were my neighbor and there was a barker involved, I would be grateful. The fact is, you won't get approval for a dog boarding facility in a purely residential area.

It's not about a huge dog boarding facility, but about 2-3 animals as a side business, maybe just as day care? I don't see that as particularly disturbing to the neighbors.

Exactly, it's just about day care for 2 to 3 dogs. We also live in a very rural area, of course we have neighbors and some of them also have dogs.