Senate protects tenants: Pre -purchase right for Warsawer Strasse in Berlin!

Senate protects tenants: Pre -purchase right for Warsawer Strasse in Berlin!

The Friedrichshain-Kreuzberg district is currently faced with an important topic of urban development: the right of first refusal for real estate. The Senate has decided to support the right of first refusal for a house at Warschauer Straße 25 to protect the citizens based there from repression. Urban development senator Christian Gaebler (SPD) informed about this in the House of Representatives and emphasized that the right of first refusal in milieu protection areas is an important measure to protect the population from repression. The citizens fear that the sale to a private investor eleven will no longer be available to vacant apartments and that there will be a repression.

The administration now checks whether the new owner is willing to sign a so -called turnover agreement. This agreement obliges the buyer to waive measures that could endanger the existing tenants. In particular, Gaebler did not leave the uncertain budget situation cold, which could affect the possibilities of the district. He expressed his irritation about plans to provide empty apartments in the house for homeless and trainees.

history of the right of first refusal

The right of first refusal in Friedrichshain-Kreuzberg has a longer history. On September 27, 2016, the district politicians decided to examine the right of first refusal for property sales in social conservation areas. The legal basis for this is §§ 24-28 of the Building Code. The aim of this measure is to advance the implementation of the preservation regulations and to protect the tenants from repression. Purchases can be averted from the right of first refusal in accordance with Section 27 of the Building Code, but only under certain conditions.

In the context of legal development, the district practice was confirmed on October 22, 2019 until a judgment of the Berlin-Brandenburg Higher Administrative Court. However, on November 9, 2021, the Federal Administrative Court decided that this practice is not unproblematic. The legislative changes have massive effects on the purchase process, which can complicate itself through various legal requirements, and buyers must recognize the local conditions.

meaning of the right of first refusal for urban development

based on the situation in Hamburg, where there are similar social conservation regulations, the district could be protected from the right of first refusal rental prices and displacement of less population groups. As in Hamburg, where a significant increase in the population will be expected by 2035, there is also a risk in Berlin that "luxury renovations" will further tighten the living conditions. Such developments could endanger the social structure in the quarter concerned.

The right of first refusal has enabled the city to become active in social conservation areas if there is a disadvantageous change in the resident structure. This ensures that living space is preserved for the population and is not lost through speculation. The current situation around Warschauer Straße clearly shows how important and relevant these regulations are today.

For further information on the legal foundations and the current events in the right of first refusal, you can use the corresponding articles of RBB24 [here] (https://www.rbbb24.de/politik/-2025/berlin- Vorkaufrecht-Büirk-friedrichshain-kreuzberg-sat-warschauer-strasse), from the Berliner Amtsblatt here and by Engel & Völkers here view.