Vacancy in Berlin: District office Friedrichshain-Kreuzberg is proceeding against problem real estate
Vacancy in Berlin: District office Friedrichshain-Kreuzberg is proceeding against problem real estate
after a fire in February 2020 stand in the Graefestraße 13 In Berlin-Kreuzberg, many apartments empty. Not far away are also in the Hasenheide 47 Empty about 25 apartments for two years. In contrast, the district office Friedrichshain-Kreuzberg now wants to act legally-with the business criminal law law. However, this would be applied to such cases for the first time.
In both cases, there is little or no progress in the necessary construction work that would enable the tenant: inside. The district office speaks of a suspicion of so -called "deadlines". This means that intentions on construction work are always formally explained and presented on time, but the measures themselves are never carried out.
"Vacancy is preserved artificially in order to sell the apartments in a return-oriented manner in a foreseeable period," says a message from the Greens Group. City Councilor Florian Schmidt (Greens) announced in the most recent district assembly to check two procedures against the displacement of so -called "problem properties" by tenants: inside.
This is to be used for the first time Paragraph 6 of the Commercial Criminal Act. Accordingly, the intention of arranging tenants: in the inside due to structural change to termination or participation in the cancellation of the tenancy could be punished as an administrative offense. However, there is no jurisdiction.
The building council wants to create precedent with this advance in order to create clarity for tenants: inside and the administration. "We do not know how the chances of success in court are in court. Nevertheless, we want to try it to gain experience with the new instrument and to set a signal," he says.
For the two procedures, the so -called AG is to be called up problem properties, in which, according to Schmidt, the legal office and the areas of construction supervision, milieu protection and misuse.
Two residential buildings in Berlin-Kreuzberg, Graefestraße 13 and Hasenheide 47 have been largely empty for some time. The necessary construction measures to restore the apartments for the tenants: So far, hardly has progressed. The Friedrichshain-Kreuzberg district office has now decided to take legal steps against the vacancy and to apply the Commercial Criminal Act for the first time. There is a suspicion that the intention to carry out construction measures is only pushed forward in order to maintain the vacancy and to sell in the long term profitably. The Greens faction speaks of so-called "deadline surfing", in which the declarations of intent presented on time, but the actual construction work is not carried out.
City Councilor Florian Schmidt wants to create precedent in this procedure in order to clarify tenants: inside and the administration. The paragraph 6 of the Business Criminal Act enables actions that tenants: to terminate or cancel the tenancy in the inside should be punished as an administrative offense. So far, however, there is no case law. Nevertheless, Schmidt wants to use the instrument to gain experience and set a signal. For the two procedures, a working group on the subject of problem real estate is to be set up in which the legal office as well as the areas of construction supervision, milieu protection and misuse should be involved.
This step of the Friedrichshain-Kreuzberg district could have far-reaching effects on dealing with empty real estate in Berlin. A legal basis could be created to take the owner: to take responsibility and to actively combat vacancy. The two affected residential buildings on Graefestrasse and Hasenheide could serve as test cases to test the effectiveness of the Commercial Criminal Act in the fight against vacancy. If the district office is successful, this could create a precedent for similar cases throughout Berlin and possibly also.
Source: According to a report by www.tagesspiegel.de
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