Construction work for furniture store in Rangsdorf: Court decides!

Construction work for furniture store in Rangsdorf: Court decides!

In a pioneering decision, the Higher Administrative Court of Berlin-Brandenburg approved the continuation of the construction work for a new furniture store in Rangsdorf. This decision was made in two urgent procedures on June 19, 2025 and represents a significant turn in a long-term legal dispute. The operator of the stately construction project had already received a building permit for the installation and conversion of the building in February 2023.

Against this permit, opposition from the state of Berlin and the municipality of Schönefeld argued. These applicants saw their rights violated and requested preliminary legal protection. A central point of criticism was the fear of possible harmful effects on central care areas in the affected areas of responsibility of these communities. However, the applications to the Potsdam Administrative Court failed, which could not understand the concerns.

concerns about supply areas

The 2nd Senate of the Higher Administrative Court rejected the applicants' complaints and emphasized that they cannot rely on a right of municipal defense rights. The administrative court found that no harmful effects on central care areas are to be expected. In particular, it was found that the area in Großziethen does not have the characteristics of such a central supply area.

Although the area on Bahnhofsstraße in Lichtenrade is classified as a central supply area, it was also found that the established projects will not have any negative effects on this area in a different range of assortment. With this decision, the resolutions are unconstitutional and bring clarity into the legal framework around the construction project in Rangsdorf.

legal framework and previous judgments

To classify this decision, it is important to consider the definition of central supply areas. Section 34 (3) of the Building Code (BauGB) regulates the spatial delimitation of such areas and emphasizes that no harmful effects of construction projects may be expected on them. The Federal Administrative Court made it clear in several judgments, especially last in 2012, that the actual conditions on site are decisive and not only regional goals can be taken into account.

The current judgments in connection with the construction projects in Rangsdorf show that the courts have set clear criteria for the assessment of functional disorders. These also include that the sales area comparison is an important criterion, but not the only one. In principle, it must be guaranteed that the new location will not be located in a central supply area if it could lead to competitive situations.

The decision by the OVG confirms the legal framework and now gives the operator of the furnishing house the opportunity to continue with the construction work. The incontestability of the cuts suggests that jurisdiction considers the requirements in BauGB and its implementation as clear and unambiguous.

For further information on the legal foundations of the central supply areas, the detailed explanations in the Federal Administrative Court and the right-winglupe can be read. Future construction projects and their classification in the existing legal system will remain exciting and may lead to further legal disputes.