Wednesday, 5 February 2020

Berlin Extends the Restriction on Title Splits, Division into Condos, For Another Five Years

The Berlin city government (Senat) has extended the limitations on title splits in social conservation areas by another five years. The regulation would have expired in March.

This is a map of the areas as of 30.06.2019

Soziale Erhaltungsgebiete Berlin, Stand 30.06.2019

More details about the individual areas are in our blog

Legal Background

The German Building Code, Section 172, provides the option for cities like Berlin to define social conservation areas “Soziale Erhaltungsgebiete”, also known as “Milieuschutz” Gebiete. One of the measures within this regulation is the option to stop owners of apartment buildings in these areas from dividing them up into condos (“Eigentumswohnungen”) through a title split. For the other aspects see on this blog.

The Good News

However, there are 6 exceptions where the district office cannot deny the permit for the title split. They are listed in Section 172 (4) of the Building Code. Statistics on this matter show, that amongst the reasons, that were listed by the owner in the application for a conversion permit between March 14th, 2015 and June 30th, 2019, 92.7% of the 15,773 apartments an application for a conversion was made was based on the “voluntary commitment of the owner - sale only to tenants for a period of seven years” (sentence 3 No. 6).

Depending on the intentions of the owner or buyer, this can be an acceptable limitation.

Looking for help in your case? Please contact us, using the email address on the right.


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