Housing Market Report Berlin 2020

Berlin polarises like no other city. Nevertheless - or precisely because of this - it is still a magnet for many people from  all over the world. The influx into the metropolis is unbroken and there is a lot going on in Berlin’s economy: Tesla is coming, the BER Airport will (hopefully) soon start operating, and Siemensstadt 2.0 will open up new possibilities. Also, relocation for the entire federal government from Bonn to Berlin is repeatedly being discussed. All this affects the Berlin housing market that has been tense for years.

Housing Market Report Berlin 2020

An outcry swept across the country when Berlin announced the implementation of a rent cap. According to the tenor of the real estate industry, the rent cap is expropriation, investments are on hold, and there will be a hail of bankruptcies in the real estate industry. That being said, many tenants and people looking for accommodation, who perceive the increasing housing prices as a threat, welcomed the initiative. In order to shed some light in the effects of the rent cap announcement in the Berlin housing market, we have postponed the publication date of the Housing Markt Report. Articles on the rent cap and other recent topics regarding the Berlin housing market can be found, in the familiar way, in our small-scale analyses.

The report is available directly from the site of BerlinHyp:

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Housing Market Report Berlin 2020

Unofficial Free English Translation of the Rent Cap / Rent Freeze "Mietendeckel" Law as Published

This document is an unofficial translation of the Berlin Rent Cap / Rent Freeze Law known by the name “Mietendeckel” and it’s official title

Gesetz zur Neuregelung gesetzlicher Vorschriften zur Mietenbegrenzung 

It was published on the Journal of Laws and Ordinances for the State of Berlin on 22 February 2020 and came into force on the following day 23 February 2019.

This date is important to keep in mind when reading the text because it makes it much easier to understand when exchanging the phrase “date of entry into force” by the actual date.

Another phrase is “the effective date” which is the date the Berlin Senate announced the plan of the “Mietendeckel” law, it is 18 June 2019. Replacing the phrase by the date again makes it easier to understand.

I wanted to stay as close to the original text as possible to not obstruct the comparison of the language versions.

This translation has no official character and is free for personal use only. It does not constitute by any means legal advice in any form. The purpose is for non-German speakers to get an understanding of the content of the law and draw conclusions regarding actions to be taken and questions to be asked.

There is a tight timeline and most of the actions have to be taken as an initiative by the landlord. The first action is due by 23 April and the next one 23 November 2020.x

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Unofficial Free English Translation of the Rent Cap / Rent Freeze "Mietendeckel" Law as Published

Action Required - You Can Optimize Your Freeze Rent in the "Mietendeckel"

If you own in apartment building or apartment in Berlin completed before 2014 and currently have a vacancy, Swift action is advisable. The difference is 20% of the prospective net rent.

If residential space is or was re-let after the effective date 18 June 2019 and the lease continues to apply upon the Rent Act taking effect, the newly agreed rent will be relevant for the rent freeze. Thus, in such cases too, a market rent may be agreed before the Rent Act takes effect without the risk of the agreement being retroactively deemed invalid and the landlord being required to return any excess rent. At the same time, the tenant may, within nine months of the law taking effect, demand that the rent be reduced to the permitted cap (see The Berlin Rent Cap - "Mietendeckel" is here. What Do You Have To Do?)

In short: You can rent your currently vacant apartment at 19% above the cap table and that will be your freeze rent going forward, unless you re rent again within the next five years.

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To recap the latest main events:

The Berlin city parliament voted on Thursday, January 30, 2020, to pass the rent cap “Mietendeckel” draft into law. It will most likely come into effect at the beginning of March, possibly as early as the end of February when officially published.
This will trigger numerous deadlines for actions required to be taken by the landlord.
The answer to a much asked question:
Yes it does apply to furnished apartments completed before 2014.
We are offering a newsletter, starting with a summary and interpretation of the law as it went into the parliamentary hearing. going forward, we will be providing hands-on tips on the communication and the timeline that needs to be met starting with the information needed.
Here is the opportunity for you to sign up to this free newsletter:

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Action Required - You Can Optimize Your Freeze Rent in the "Mietendeckel"

Berlin Rent Cap - Mietendeckel - Actions Required Before The End of February

The Berlin city parliament voted on Thursday to pass the rent cap “Mietendeckel” draft into law. It will most likely come into effect at the beginning of March, possibly as early as the end of February when officially published.

It applies only to apartments completed before 2014! New property developments are not touched by this law.

There are three major aspects:

• A rent freeze 
• A rent reduction, where applicable
• A tenant rent refund

This article will focus on the rent freeze, the expected impact on the owner and the preparations to be made as the law applies with regard to landlords.

We assume that most of the discussions will initially be with tenants who received a rent increase after the cut-off date of June 18, 2019. Once the law comes into force, it can be checked whether there are any claims for recovery of the increased rent. Incidentally, this also applies to graduated rents (Staffelmiete) that have increased during this period.

The law stipulates that tenants can only request a reduction in rent nine months after the law comes into force. Any claims must be made by the tenants directly, the district offices (Bezirksamt) however may continue to take all measures necessary to enforce the law. This includes, for example, providing tenants with information about the legally permissible rent for their apartment.

However, landlords who have signed a new lease after the cut-off date and before the law comes into effect (end of February or beginning of March) can rest easy. According to a recent clarification in the draft law, this new contract rent will stand. Simple reimbursement of rent that has been paid too much is not owed.
Any rental contract signed between now and the date the law goes into effect is your “freeze rent”. However, the following also applies here: If the rent is inadmissibly high (more the 20% above the rent cap "Mietendeckel" table), a reduction can be requested under the terms of the new legislation.

Actions to take:

Get as many rentals of vacant apartments done by the end of February as possible, but keep in mind the 20% rent cap. More on this specific aspect coming up. 

This is a time critical issue, we can provide support in setting up your action plan and its execution. Contact us via the email address on the right.

Berlin Rent Cap - Mietendeckel - Actions Required Before The End of February

Cash in The Attic - Rooftop Developments in Berlin

The Urban Land Institute Leader Summit 2018 in Frankfurt in May touched on the subject of repurposing roof space in Berlin. Be it your classic attic rooftop development or installing completely new units on top of existing buildings:

In Brief: Repurposing Rooftop Space as Values Climb in Berlin

With property in high demand in Berlin—it had the largest year-over-year real estate price increase of any city in the world last year—it makes more sense than ever to look up for new opportunities. A number of developers have found success (or are hoping for a top return) from add-on projects atop existing structures in Germany’s capital.

For the full article and video: https://urbanland.uli.org/development-business/brief-repurposing-rooftop-space-values-climb-berlin/

This is especially interesting in "Mileuschutz" protected areas as there are no "luxury" limitations for the new apartments and the rent is not limited. You just cannot integrate existing apartments into the development. For more information on "Milieuschutz" see The Can Do and Can't Do Renovating Apartments in Certain Areas of Berlin in this blog.

Cash in The Attic - Rooftop Developments in Berlin

IBB Housing Market Report 2017 for the Berlin and Greater Berlin region

The annual IBB Housing Market Report has a different angle at the market situation than the commercial reports produced by big property agents and banks. Here is how they characterise themselves:

"IBB is the business development bank of the Federal Land of Berlin. With its business support, it actively contributes towards developing Berlin as a hub for business and industry. Our staff working in housing and real estate promotion are the people to contact for all issues related to real-estate financing."

Their viewpoint is policy based and not biased to talking prices up for business purposes (also available in this blog). The main report is in German and a volume of 121 pages with very detailed data and information. There is an 8 page summary available with all key findings of the report addressing these topics:

Selected Data at a glance

• Economic factors
• Housing demand
• Housing supply
• Rents and housing market
• More detailed data available in the German version of the full report

General situation and important trends

• Berlin’s economy – growth once again above the national average
• Trend in demand
• Trend in supply
• Market for detached and semi-detached homes
• Market for freehold apartments
• Market for rented apartments
• Key topic: The “Berlin and greater Berlin” housing market region

Downloads:

2017 IBB Housing Market Report - Summary, English

IBB Wohnungsmarktbericht - Full Report, German

IBB Housing Market Report 2017 for the Berlin and Greater Berlin region

The Berlin Property Market Has Much More Scope

The Berlin Property play has more to give

Demand for rental properties remains strong, as the city continues to attract people from other parts of Germany and the rest of the world. However, supply of rented accommodation is unable to keep up with demand. As property prices remain lower than other major cities, the costs of building new homes is higher than current prices, which means supply of new homes is low.

Phoenix Spree: The #Berlin property play with more to give http://citywire.co.uk/…/phoenix-spree-the-berlin-p…/a1117964

The Berlin Property Market Has Much More Scope

The Can Do and Can't Do Renovating Apartments in Certain Areas of Berlin

Preservation Statute Areas -. “Mileuschutzgebiete” in Berlin. What can I do, what can’t I do with my property.

The prevention of so-called “gentrification“ is a central issue for the Berlin city government. The term “gentrification” is describing the process of displacing parts of the current population of inner-city areas through rent increases beyond their reach. This development completely changes the social structure of entire boroughs and destroys social networks and the associated support functions for its members.
The Federal Building Code (Baugesetzbuch, BauGB) includes a regulation that provides local authorities with a tool that is intended to avoid such a development. More details about the split of apartment blocks into individual condos and the English version of the building code can be found here:
https://germanproperties.blogspot.de/2018/03/thinking-about-dividing-apartmentblock.html

Section 172 of the code allows for the definition of protected areas under certain statistical conditions and for a specific time period of up to 5 years. There is a widespread consensus that after 5 years another 5 year period can be proclaimed and so on. It would be highly speculative and dependent on political significant changes to expect a change after 5 years.

There are two different criteria for protection which can be applied separately or in combination,
Social Preservation area § 172 (1) Nr. 2 BauGB and/or Erhaltungsgebiete with unique urban character § 172 (1) Nr. 1 BauGB

The map below shows the Berlin areas that are currently covered by individual Preservation Statutes (Milieuschutzverordnungen)

Source: Senatsverwaltung für Stadtentwicklung und Wohnen

For detailed information about the individual districts please visit our Blog: https://propertylocations.blogspot.de/

Social Preservation area § 172 (1) Nr. 2 BauGB

Examples of renovations or modernizations that are not allowed (examples)

• Floor plan changes
• Merging or splitting apartments
• Extension of balconies, conservatories, loggias or terraces with more than 4 m² of floor space
• Extension of second balconies, conservatories, loggias or terraces
• Fitted kitchens
• Installation of a second toilet, complex bathroom renovations

Examples of renovations or modernizations that are allowed (examples)

Refurbishments that only produce the "state-of-the-art" equipment of an average apartment must be approved. The resulting rent increases must be borne by the tenants in most cases.

To be approved by authorities (among others):

• Initial construction of a central heating with hot water supply
• Initial construction of a bathroom
• Upgrade of an existing bathroom with modern equipment
• Basic equipment with plumbing, water and electrical installations, antenna, cable TV and intercom systems
• Replacement of existing windows according to the Energy Saving Ordinance (Energieeinsparverordnung EnEV)
• Obligatory energy conservation renovations
• Attic conversion and new construction

A post like this one is always restricted to general examples and can never provide an all-inclusive overview of all aspects. Before any action is taken and money spent we recommend a consultation with the local authorities.

We provide advice and guidance for these types of projects for our clients from the first steps of a feasibility study through to a business plan and completion of the project. For inquiries about our services please use our contact page .

The Can Do and Can't Do Renovating Apartments in Certain Areas of Berlin

Berlin Housing Market Report 2018

The Berlin Housing Market Report has developed into a tool widely accepted in the Berlin Housing Market. Initiated by GSW an originally City-owned but now privatised property company it has experienced a change in sponsorship over the years and is now published by Berlin Hyp and CBRE. The report for 2018 is being published on 25.01.2018 and will be available for download for our clients and readers at the bottom of this page. If you have signed up before, you will receive the newest version automatically.

The report covers these areas:

• City comparison
• The city of Berlin
• Rents, sale prices, investments, transactions and financing
• Furnished housing
• New Construction
• The city: Expert interviews
• How cities and markets will develop by 2030 – and beyond
• Housing Cost Atlas: Introduction
• Housing Cost Map covering the whole of Berlin
• Berlin's 12 districts and their 190 postcode areas
• Explanatory notes on the rental map
• Rental map covering the whole of Berlin
• Special residential areas

Berlin Housing Market Report 2018