Get a valuation and sell your building in community preservation areas of Berlin

How can I sell my property in the community preservation areas in Berlin?

Your questions – Our answers

Which reglementation should I take care of?

While selling your building under preservation areas in Berlin, you are submitted to the current protection decree. The district has a pre-emption right on your property. And has two months since the repection of the selling contract to decide to buy or not your property. The buyers will receive a preventive stipulation, in which the district will dismiss from its pre-emption right, only if the buyers will submit themselves to specific conditions. For example, the transformation of buildings into joint ownerships has to be approved by the district. Furthermore, the modernisations and the renovations before the selling has also to be approved.

Our real estate agency knows the current reglementation of the Berlin sectors of the community preservation areas. You will take advantage of our great expertise in theses themes. Our real estate agency has an important network of experts and could recommand you to competent persons. At each step of the selling process of your housing, we will be by your side in a personal and professional way.

(More informations in: “What are the rules in a zone under protection?”)

How will go the valuation of my property?

While evaluating your property, we would take in consideration the protection and the regimentation around it.

In a zone under protection, you can only renovate your property as long as you respect the “current arrangement”. It means in which state is your property and the individual housings. In this cas the current rent has a crucial role. The buyer has a restricted place and is submitted to the autorisation of the district to transform the building into joint ownerships. It is more difficult to sell this type of good to usual investors, also because the district takes advantage of a pre-emption right, which makes the decision more complicated to organise. The possibility to receive a pre-emption stipulation and the requirements that it includes should be considered attentively.

While selling your property with our agency, you will take advantage of our sectorial exeperience and a free and profesional commercialisation. Moreover, we do know the criteria with importance and we are able to valuate your property at its best price. Our SWOT-Analysis permit us to give you a valuation of your good in consideration to the current market.

Who are the customers targeted by a property in those areas?

While selling your building located in community preservation areas in Berlin, you shall consider the right customer group.

The sale of your property to classical investors is more complexe in the case of a building that has to follow the Milieuschutzgebiet regulation. For this reason, it is essential to consider the right group of person to commercialise your property. Mostly, these persons are those interested by a “Buy and Hold strategy”. They will buy a property under this regulation and keep it on long term. The buyers shall be precisely informed about the preventive stipulation. All eventualities for the buyer shall be considered, like the discussion of the terms for dividing the building or the other conditions like refurbishing units or common areas.

We have a large customer network and we know those interested in these types of property. Our real estate experts will create an interface between you, the buyer and the district. We will build the perfect sale strategy, which will be adapted to your property.

What is an effective sell strategy for a building under protection in Berlin?

You will need the adpated sale strategy to sell your property in the best conditions. It should especially consider the best preparation, such as the analyse of the property and of the local market. Our agency offers a “SWOT-Analyse” model, which concentrates the forces and the weaknesses such as the opportunities and the risk of your property. Our experts will read all the relevant documentation on your property and will give you the valuation in an effectively and professional manner. The potential buyers will be informed about the selling of your property through an effective marketing. It will be adapted to your needs, if you are looking for a large, a targeted or a discret diffusion.

An effective strategy takes care of an appropriate price, based on the study of your property.

Understanding Berlin’s “Milieuschutzgebiet”

Which regulations are to respect regarding those properties?

1. Autorisation conditions for the construction operations: Genehmigungsvorbehalt für bauliche Vorgänge (§ 172 Abs. 1 Nr. 2 BauGB)

This autorisation takes care of the constructions and renovations for buildings in the concerned zones. It concerns extensions and transformations, such as the demolition and the change of use of a building. The reglementation has to protect the current population from expulsion. It is not precise if the expulsion has already happend or if it is expected. It especially concerns all construction operations, which could have consequences on the increase of the rent.

Demolition

A demolition will be studied in only one case: when the maintain of the building in the current conditions is no more possible. Therefore, the current state and the possibilities of evolution will be attentively studied. When the conditions are really unappreciable for the buyer, the economical reasons will be reconsidered.

Transformation/Development (§ 172 Abs. 4 Satz 3 BauGB)

The possibilities to transform or develop your proprety under conditions are limited. Nevertheless, the “current standard” of your property will not be a problem. In fact its definition is very complex. The reglementation will apply to properties for personal use (Art. 14 Grundgesetz), and this personal use is protected for 7 years (§ 172 Abs. 4 Satz 3 Nr. 6 BauGB). The adptation of the property to the minimum condition for energetical consumption have to be considered. In the zones under protection it concerns created buildings such as those to be planed.

Change of utilisation

The purpose of the protection is to guaranty housings to people already living in the district. Therefore, it is easy to transform commercial locals into place to live in. But the transformation from living places to commercial areas is much more complicated.

2. The pre-emption right in the preservation zones (§ 24 Abs. 1 Nr. 4 BauGB)

In the community preservation zones, the pre-emption right of the district on the buildings is legal. It does not concern ownership housings neither building leases. The district is dismiss from this right according to the fact it takes or do not take the part of the buyer in the selling contrat. The prescribed time from this pre-emption right is two months since the reception of the selling contract by a qualified notary.

No pre-emption right for construction plans (§ 26 Nr. 4 BauGB)

The regional court of Berlin has decided that a property with a construction plan will be exempted from any pre-emption right as long as the selled property respect the current legislation. This decision will be confirmed by the court held.

Land transfer without any pre-emption right

The reglementation on the pre-emption right is legal for the selling of a land such as the selling of a property. Therefore, you shall be informed on all the other forms of land transfer.

3. Preventive convention

The preventive convention is an opened and legal contrat, regularly sent to the potential buyers of properties in those areas. In this document, the district concerned surrenders its pre-emptive right – on the condition that the buyer will respect requirements. For example, the buyer will have to renounce to a property for personal use or partial property, the construction of balconies or a lift, plan’s modification or reconstructions.

It could also be the same case for energetical renovations, when the reglementation imposes it. The buyer usually engages himself for 20 years and he will have to submitt to the legislation. Its obligations will be notified in the land register and he will have contractual penalties in case of infringement. Nevertheless, the buyer do not have to submit to requirements that are over regulations. If the district refuses to cooperate, the buyer could assign him in front of the adminstrative tribunal.

4. The reglementation about the transformation / modifications (§ 172 BauGB)

The transformation of a rented housing into an owner unit has to be approved by the district. If the transformation is approved, the tenant has an exclusivity of 7 years to buy the unit. This reglementation protects the tenant already installed in the housing. The owner could have the possibility to split the building only when economical consequences on the owner can not be deny.

5. Reglementation on the rents

In the zone under protection, the reglementation of the rent (“Verordnungsmieten“) are taken as reference value to decide if the rents after renovations will still be justify or not. It also permitt to verify if an exclusion will happen or not. This transformation is problematic in a legal way such as about the “current state” obligation.

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