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Environment protection and housing purchase in Berlin : Massive intervention in the property rights

districts have more and more environment protection areas. "I very much welcome that the number of social conservation areas in the year 2018 on 56 increases, and thus the conversion regulation is even broader application," says city development Senator Katrin Lompscher (Left) to Happen: "I to secure the districts in the coming year, my full support for the adoption of new environmental protection areas."

Yet, the hurray-Call. The prestigious Institut der deutschen Wirtschaft Köln e. V. (IW) presented now a report to the environment protection, the daily mirror exclusive. The main Thesis of the investigation: "the Instrument of the environment protection Statute constitutes a massive intervention in the property rights. Be favoured as a result, tenants who have cost in the area on an apartment with a small living. Be disadvantaged, however, all the apartment seekers can find due to the demand surplus, no adequate housing. The resulting Insider-Outsider constellation raises huge social issues.“ to put

From the Community

Instead of the 'evil' landlords more and more and more, it should create the red-red-green Senate, incentives for landlords to create additional living space.

...writes user Nala

in Addition, the IW criticized, counter-checked, the far-reaching modernisation of prohibitions in the conservation of protected areas, the formulated climate protection goals for one to reach long-term climate-neutral building stock. Add to this that in these areas through the conversion of bans on opportunities in the acquisition of property to be used.

The social preservation regulations to the environment protection in accordance with § 172, Para.1 sentence 1 No. 2 of the building code to the target, to obtain the composition of the residential population in an area of special urban development reasons, and a social displacement to counteract or prevent. Thus, strict conditions for the modernisation of holdings, conversion of the prohibitions and pre-emption rights for the city.

opportunities have to be installed

In its annual report for the conversion regulation for the year of 2017 the Senate-balance-sheet administration for urban development and Housing and the obligation for approval of conversion from rental into condominiums in environment protection areas show sustained dampening effect on the conversion to happen.

Berlin's Finance Senator Matthias Kollatz (SPD), also announced in an Interview with the "Berliner Zeitung", to step up the statutory right of pre-emption in the case of dwellings in environment protection areas. In the process, he wanted to argue in favour of the purchase funds to further increase. He'll go in the order of about 150 million euros. As the criteria for the purchase of apartments Kollatz, among other things, "that we buy in the milieu protection areas, where it can succeed, extrusion processes, to protect, to prevent more desirable tenant properties". In addition, it should be secured through the purchase of rental housing permanently.

This action by the IW, which made his Expertise on behalf of the "Association for the promotion of residential property in Berlin," critical. The protection requirement company would land "desired investment for more housing, energy efficiency or accessibility poverty hinders and opportunities for the acquisition of property installed. Furthermore, risks to the city budget caused prices through the purchase of the real estate current market. Socially, the costs are not through the Use of offset“.

Finally, the preservation of the social structure can be justified neither from labour market policy, education policy, or for reasons of avoidance of Problem areas. With other risks, could be expected: "When the buying municipal housing companies, Rents are not lifting, threatens them with long-term loss. Initially, this is hardly noticeable, but with time the difference between the market grows, rent and the frozen Rent. Add to this the risk of rising interest rates, which could worsen the cost situation of the company.“

a curse and a blessing

Wolfgang Maennig, a Professor of economic policy at the University of Hamburg (Department of Economics) and a member of the expert Commission on "Sustainable land mobilisation and land policy" of the Federal government, with a view to the extensive exercise of the preemptive right by the city, respectively, through the respective district a step further: "What is financial mathematics, BauTech can, to be politically correct, of course, is economic still quite a Humbug", he says with a request: "It also uses the voters of the governing parties only a little: If you do not belong to the small circles of the Beneficiaries who receive a social apartment, you need to provide to a private market, by the acquisitions of the Senate is even smaller. What is for a small number of additional social tenant, deterioration of the Situation of all others.“

According to the Berlin tenants ' Association were between 2015 and 2017 acquired through the right of first refusal 16 apartment blocks with a total of 472 apartments of the city of Berlin.

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In the social preservation areas, the number of converted apartments in 2017 decreased compared to the previous year, according to Senate disclosures by three percent for the remainder of the urban area it increased by 48 percent. Through the purchase of real estate in the milieu protection areas to current market prices, would – so the IW risks: In the old stocks must be invested to maintain the quality.

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