Milieuschutz: From observer to participant
New environmental protection areas (the so called Milieuschutz) can be created everywhere. We inform you whether your apartment building is located in a "suspected area" in Berlin. We make it easy for you to react!
§ 172 of the German Construction Act becomes a risk for owners
The effects of environmental protection areas (Milieuschutz) on owners are substantial. Among other things, the districts are entitled to pre-emption rights. We show you how to get to your goals safely.
The best experience wins
Take advantage of our experience, tranquillity and excellent reputation. With us you can safely navigate through a market that is directed against owners, sellers and buyers of apartment buildings in Berlin.
State stops conversion to condominium ownership
§ 172 Building Code: Preservation Statute
Owners of apartment buildings have invested years or even decades in their property. Repayment and interest, ongoing maintenance, management, rising energy standards, substantial improvements or renovations: All this was linked to the investment of money, time and work. Under the left-wing Berlin Senate, owners are now being prevented from exploiting their property by means of splitting. Since 2015, conversions of tenement buildings into condominiums must be approved by the district if the Berlin tenements are protected by Milieuschutz. Owners may only sell to tenants for a period of 7 years if the allocation is to be approved. We are the top experts in Berlin for all topics around milieu protection.
Do not let yourselves be expropriated
District pre-emption right and price limitation
More and more often the Berlin districts exercise the pre-emption right according to § 24 of the German Building Code. Although the justification of the pre-emption right by the public interest is more than questionable, the districts go even further with § 28 of the Building Code and try to exercise both the pre-emption right AND enforce a reduction of the purchase price. We eliminate from the district the option of a purchase price reduction and guide you through the storm with calmness and experience. Let us advise you and entrust your property to us for sale. In this way you avoid stress and - above all - economic disadvantages.
Abwendungsvereinbarung: Avoidance Agreement
Districts want to block any development potential
If you want to sell a Berlin-based apartment building that is subject to the Berlin Milieuschutz Conservation Regulation, the buyer will usually be confronted with an avoidance agreement (in German: Abwendungsvereinbarung). In this, the district offers to refrain from preemption if the buyer renounces certain projects in return. This includes the renunciation of condominium and partial ownership, renunciation of demolition and alteration of the floor plans, the extension of balconies and the installation of a lift. A waiver of energy recovery measures is also required, unless there is no legal obligation to do so.
The appropriate approach
Our excellence for your success
We will change and open your eyes to the challenges of selling apartment buildings in areas with environmental protection in Berlin. You may be aware of some aspects, but you are probably not aware of their scope and realization. The changing political environment confronts you with new and changing challenges, which we will tackle together with you. We know each and every detail and can pass on our knowledge to foreign clients. We would like to invite you to one of our requested presentations on the topic of environmental protection in Berlin.