The state of Berlin has now finally failed in its attempt to protect houses from privatization by exercising its right of first refusal in a so-called milieu protection area in the Tempelhof-Schöneberg district. The Federal Court of Justice (BGH) has issued a ruling to this effect (III ZR 217/20).
It follows from this that the appeal against the non-admission of the appeal is rejected. On the basis of the findings of fact made by the Court of Appeal without objection, the exercise of the right of first refusal had in any case been excluded pursuant to Section 26 No. 4 BauGB, according to the BGH.
Milieu protection is a legal measure to protect the population in a certain area. Among other things, milieu protection is intended to protect tenants from luxury renovations and the associated increase in rents. Landlords can carry out modernization or renovation measures within certain limits. However, they must obtain prior approval for these measures.
Sources: bgh.de/gesetze-im-internet.de/bbaug/__26.html/berliner-zeitung.de/anwaltsauskunft.de
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