The Berlin-prescribed “environmental protection”, with its associated pre-emption rights in each of the districts is, in part, always curious. Especially for Friedrichshain-Kreuzberg, whose Baustadtrat Florian Schmidt (Green) according to daily mirror information sale willing owners, in individual cases, solid under pressure, to a state-owned housing companies or the tenants to sell.
In the “environment protection” consists of areas with a statutory right of first refusal for the district, the population trends structure against Gentrification and to protect solid rising rents. The conversion of rental in freehold areas in “environment protection” only under certain conditions, be approved.
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advertising In the present case, Schmidt built the first formal pressure. By registered letter with acknowledgement of receipt, he wrote a list of owners for the purpose of Selling the district office, apparently by a third party: “I have been advised that you plan the sale of your property ( … ).” Kreuzberg is affected like no other District in Berlin of displacement of the tenant, continues Schmidt, and check regularly that the exercise of the right of pre-emption.
but that’s not enough. In his Letter of July 2017 Schmidt is the owner with clear words to understand that he is selling better at one of the country’s own companies, or to the tenant: “experience in the practice of the exercise of the right of pre-emption show that this method can take a very long time”.
Schmidt describes, with a view to a judicial examination of a specific case, to wave then, with the fence post: “A trial date has not yet been scheduled – 13 months after the exercise of the preemptive right. As an Alternative, we see the sale to one of the six municipal housing societies of Berlin, or the tenants of the property, if they are willing and able. Here, we assume that displacement will not take place and would refrain from the exercise of the right of pre-emption.“
goals and objectives
the buyers also have the option of avoiding payment agreement to sign, Schmidt proposes as an Alternative. According to Section 27 of the building act book buyers have the right to that the district gets in front of his nose, a plot of land. It includes “just” a prevention agreement with the district. In it, he undertakes to comply with the purchased property, the “objectives and purposes of the urban development measure”. Schmidt is, however, primarily to the purchase of this property.
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How important is the Instrument of the pre-emption right, especially in Berlin-Kreuzberg, shows a second bizarre operation that took place this week. There is a right of pre-emption in the vicinity of the mountain man neighborhood came on Thursday under the Hammer. To call a secured, vererbliches and transferable right of first refusal to the property, hallway 2, hallway piece 2270/184, “came built with a 3-storey residential and commercial house with a loft”. Minimum bid is understood, according to the auction house, the Deutsche land auctions AG (DAG): 5000 Euro plus auction fee on the hammer price.
