Apartments in Berlin: The court ruling brings 1,100 apartments back!

Apartments in Berlin: The court ruling brings 1,100 apartments back!

Berlin, Deutschland - The Higher Administrative Court of Berlin-Brandenburg decided in early 2024 that existing holiday apartments can be declared inadmissible before the misuse law came into force. This decision has far -reaching effects on around 1,100 apartments in the capital, which can now be brought back to the housing market. So far, around 300 of these apartments, mainly in the Mitte and Tempelhof-Schöneberg districts, have been returned. According to rbb24 since 2016 have reported a total of almost 5,300 apartments for non-approved Vacation apartments initiated.

The return of more than 8,100 apartments under pressure from the offices represents a significant step to relieve the tense housing market in Berlin. In Friedrichshain-Kreuzberg, for example, more than 2,000 apartments were re-brought back to the regular housing market. The legal regulations from 2018 require landlords to apply for a registration number in order to be allowed to rent their apartment to third parties. Around 5,000 registration numbers were issued during this period.

legal situation and permits

The regulations related to the misuse ban are complex. Landlords need approval if you want to rent your entire apartment on holiday guests. This is limited to a maximum of 90 days a year. The offer and applying of living space must generally be approved in advance by the responsible district office. In the event that less than 49 percent of the apartment is rented to holiday guests, only one registration number is required, according to the information from berlin.de .

It is important that the law on the ban on the misuse of living space was already amended on March 17, 2016. Apartments in Berlin no longer have existing protection since May 1, 2016. Only apartments with official approval enjoy permanent existing protection. In addition, the misuse can be prohibited if the supply of living space is endangered; This decision is the responsibility of the Senate. The approval for use as a holiday apartment is also only granted if there are vastly worthy of protection that is worthy of protection, as from the documents of the German Ferienhausverbands

economic consequences and challenges

The tightening of the law could have significant economic effects on the landlords. The fines for violations of the regulations were increased from up to 50,000 euros to up to 100,000 euros. Fine of around 11 million euros have been imposed since the law came into force. Around 4.2 million euros have actually been collected. These measures lead to a wave of lawsuits and could bring the economic end to many landlords, according to the fears of the DFV, which demands better quota regulation and existing protection for existing apartments.

Overall, the Senate sees the number of apartments in Berlin at around 14,000, with around 6,300 of which are registered. Tourism remains an important economic factor in the capital, with around 6.1 million overnight stays per year in holiday apartments. Every sixth visit to Berlin uses such accommodation. Despite the increasing demand for holiday apartments, the market is heavily regulated and restricted by the strict requirements.