District Neukölln plans for two houses despite legal uncertainty

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Von: NAG Redaktion

Bezirk Neukölln plant Vorkauf von zwei Häusern in Berlin Erstmals seit dem Urteil des Bundesverwaltungsgerichts im November 2021 bereitet der Bezirk Neukölln den Vorkauf von zwei Häusern vor. Konkret handelt es sich um ein Haus mit 21 Mietparteien in der Weichselstraße 52 und ein Haus mit acht Mietparteien in der Hermannstraße 123. Das Bundesverwaltungsgericht hatte entschieden, dass das Vorkaufsrecht nur dann angewendet werden darf, wenn deutliche Missstände vorliegen. Bei beiden Häusern sind genau diese Missstände vorhanden. In der Weichselstraße 52 sind die Dächer undicht, es gibt Leckagen in den Wasserleitungen und sogar teilweise noch Kohleheizungen, berichtet eine Mieterin. Jochen Biedermann, …
District Neukölln is planning for the first time since the Federal Administrative Court's judgment in November 2021, the district of Neukölln is preparing for the pre -sale of two houses. Specifically, it is a house with 21 tenants at Weichselstraße 52 and a house with eight tenants at Hermannstrasse 123. The Federal Administrative Court had decided that the right of first refusal may only be applied if there are clear abuses. These grievances are available in both houses. In Weichselstraße 52, the roofs are leaking, there are leaks in the water pipes and even partly coal heating, a tenant reports. Jochen Biedermann, ... (Symbolbild/MB)

Neukölln district plans to advance two houses in Berlin

For the first time since the Federal Administrative Court's judgment in November 2021, the district of Neukölln is preparing to advance two houses. Specifically, it is a house with 21 tenants at Weichselstraße 52 and a house with eight tenants in Hermannstrasse 123.

The Federal Administrative Court had decided that the right of first refusal may only be applied if there were significant grievances. These grievances are available in both houses. In Weichselstraße 52, the roofs are leaking, there are leaks in the water pipes and even partly coal heating, reports a tenant.

Jochen Biedermann, district councilor for urban development in Neukölln, is pleased with the possibility of being able to exercise the right of first refusal again. He emphasizes that the instrument of the pre -sale is not as dead as some might have thought. Since the verdict, it has been intensively examined in which cases the right of first refusal could still be applied and corresponding criteria. The district office has come to the conclusion that the prerequisites for the right of first refusal to the two houses in the Weichselstrasse and Hermannstrasse are met.

For the house in Weichselstrasse, there is already a binding preliminary contract for the sale to the investor Hansereal. Due to the high need for renovation, however, there is a risk that the tenants will be displaced in the event of a regular sale. Therefore, both the district and tenants are looking for a so -called third -party buyer who acquires the houses. For example, this could be cooperatives or state -owned housing companies. However, the problem is that due to the renovation backlog, a lot of money has to be invested in the houses after the purchase. District City Councilor Biedermann therefore sees the Senate as a duty to secure this with grants.

The tenant from the Vistula Straße also appeals to the CDU financial senator Stefan Evers to release funds so that the right of first refusal can actually be exercised. She emphasizes that the house is in such a bad condition that potential third -party buyers could shy away from the right of first refusal.

District City Councilor Biedermann underlines that you have to show that you are serious. In this context, there is the possibility that the buyer would rather sign a turnover agreement in which he is committed to the prompt remedy of the defects, among other things, instead of completely waiving the purchase.