News

02.
December
The WEG reform came into force on 1.12.2020

On December 1, 2020, the WEG reform (Condominium Modernization Act - WEMoG) came into force. The WEG reform contains numerous new regulations in the law on condominium owners and in some cases fundamentally changes what was previously known. The changes primarily affect condominium owners and administrators. The new version of the Condominium Act (short: WEG) in the version applicable from 1.12.2020 can be [...]

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20.
November
MO45LEGAL | Milieuschutz Update | Three new milieu protection areas planned in Berlin Tempelhof-Schöneberg

On 10.11.2020, the district of Tempelhof - Schöneberg has issued three development resolutions for the planned milieu protection areas "Mariendorf", "Wittenbergplatz" and "Friedenau". The affected areas can be seen from the yellow markings in the map below (source: Urban Development Office, Department of Surveying and Geoinformation, Official Gazette for Berlin No. 48, pages 5595ff.). There are currently more than 64 milieu protection areas in Berlin, [...] alone.

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18.
November
MO45LEGAL | HOAI 2021 - The end of the price regime

HOAI 2021 - The End of the Price Regime 1. General The European Court of Justice (ECJ), in case number C-377/17, found on 04.07.2019 that the Federal Republic of Germany (FRG) had violated the EU Services Directive 2006/123/EC through the mandatory price law of the Fee Regulations for Architects and Engineers (HOAI). The FRG was therefore forced to act at the legislative level. Although the ECJ has [...]

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16.
November
MO45LEGAL | Rent cap update - rent cap as of 11/23/2020.

Entry into force of the rent cap and the residential location allocation on 23.11.2020 Introduction Since 23.02.2020, the law on rent limitation in the housing sector in Berlin (in short: MietenWoG Bln or colloquially also "rent cap"), which was passed in the Berlin House of Representatives on 30.01.2020, has entered into force. The core of the law is the public law limitation of rents for five years. To this end, the right of landlords [...]

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09.
November
MO45LEGAL | The conversion ban is coming - for a time

The conversion ban is coming - but for a limited period of time After a controversial political discussion, the federal cabinet approved the draft law on the mobilization of building land (Building Land Mobilization Act) on 04.11.2020. You can access the draft here. The draft law now contains - again - the controversial regulations on a conversion ban, see § 250 BauGB. The conversion ban is intended to prevent the [...]

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15.
May
MO45LEGAL | BGH on the applicability of HOAI

On May 14, 2020, the German Federal Court of Justice (BGH) addressed the question of whether the mandatory price law of the Fee Structure for Architects and Engineers (HOAI) can continue to be applied between private parties following the judgment of the European Court of Justice (ECJ) of July 4, 2019 in the infringement proceedings against the Federal Republic of Germany (Case No.:C-377/17), as long as the legislator has not provided a remedy. According to the aforementioned judgment [...]

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