hm… so, each residential unit must be such a unit. Kitchen, bathroom, soundproofing, fire protection, access, parking, lighting, ceiling heights... You indicate in the building application that you are building two residential units (single-family house with a granny flat), and they verify all of that.
What does the KFW say? :
"Residential units are rooms located in a closed context and intended for permanent residential purposes in residential buildings, which enable the running of a household (own lockable entrance, room, kitchen/kitchenette, and bathroom/WC)."
Funding objective
"The funding product serves the low-interest long-term credit financing of the construction or initial purchase of KfW efficiency houses with low energy consumption and carbon dioxide emissions. It helps to achieve the energy policy goals of the federal government, in particular a nearly climate-neutral building stock, by the year 2050."
So this is not about funding the creation of living space or potential living space. Rather, it is about fulfilling the climate goals by 2050.
From personal experience:
We filled out the KfW application with two residential units, submitted the construction documents, the approval, etc., the BHW checked and forwarded it, and we were then approved for two KFW 153 loans, one for each residential unit.
Our energy consultant then submitted the overall documents for the house and, upon completion, issued a certificate for 2 KFW40+ residential units. (Fun fact: the installation of the photovoltaic system was never checked by anyone.)
We then applied for the payout from the KFW and sent the document from the energy consultant. Shortly thereafter, KFW paid 15k per loan to the BHW.
A rental contract, a letter of intent, or anything like that was never required.
I suspect: it is economic nonsense to build a rental apartment and not rent it out. And the number of KFW40+ builders with single-family houses with granny flats will be so ridiculously low that KFW sees no need for action. But, see the formerly possible and now canceled option of full repayment. Maybe something will come up there someday. At the moment, in my opinion, it is neither necessary nor required to rent out the residential unit. Legal certainty can be provided by a lawyer.
Whereas with a tax deduction, renting out is indeed necessary, or at least efforts must have been made.