Berlin district Neukölln exercises a right of first refusal for residential building - hope of receiving the social structure despite the federal court judgment

The Berlin district of Neukölln plans to again exercise a right of first refusal for a residential building in a milieu protection area. According to urban development city councilor Jochen Biedermann (Greens), the building in Weichselstraße comprises 21 apartments with around 50 tenants and two commercial units. In the past, it was common in Berlin that districts exercised their right of first refusal in social protection areas in favor of municipal companies in order to protect residents from strong rent increases and repression. In November 2021, however, the Federal Administrative Court ruled that the assumption that another buyer could displace the tenants is not a sufficient basis for the right of first refusal. Since then, the exercise of pre -purchase rights in the Berlin milieu protection areas has been practically ...
The Berlin district of Neukölln plans to again exercise a right of first refusal for a residential building in a milieu protection area. According to urban development city councilor Jochen Biedermann (Greens), the building in Weichselstraße comprises 21 apartments with around 50 tenants and two commercial units. In the past, it was common in Berlin that districts exercised their right of first refusal in social protection areas in favor of municipal companies in order to protect residents from strong rent increases and repression. In November 2021, however, the Federal Administrative Court ruled that the assumption that another buyer could displace the tenants is not a sufficient basis for the right of first refusal. Since then, the exercise of pre -purchase rights in the Berlin milieu protection areas has been practically ... (Symbolbild/MB)

Berlin district Neukölln exercises a right of first refusal for residential building - hope of receiving the social structure despite the federal court judgment

The Berlin district of Neukölln plans to again exercise a right of first refusal for a residential building in a milieu protection area. According to urban development councilor Jochen Biedermann (Greens), the building in Weichselstraße comprises 21 apartments with around 50 tenants and two commercial units.

In the past, it was common in Berlin that districts exercised their right of first refusal in social protection areas in favor of local societies in order to protect residents from strong rent increases and repression. In November 2021, however, the Federal Administrative Court ruled that the assumption that another buyer could displace the tenants is not a sufficient basis for the right of first refusal. Since then, the exercise of pre -purchase rights in the Berlin milieu protection areas has practically come to a standstill.

In the specific case of the house in Neukölln, however, the district sees a possibility to exercise the right of first refusal. The reason for this is the poor structural and urban planning condition of the building. The district office has initiated all the necessary steps to take advantage of the right of first refusal. Ultimately, however, this is only realized if the office finds a buyer. As a rule, these were municipal housing companies or cooperatives that are also considered non -profit

In order to be able to make pre -purchase rights in Berlin milieu protection areas again as before the court decision, the building code would have to be changed at the federal level.