Thanks to our many years of experience in approval procedures as well as the exercise of the right of first refusal within the framework of milieu protection, we can support you in the realization of your project.
Milieu protection is again increasingly being used in the metropolises of Berlin, Hamburg, Munich and Frankfurt a. Main. Other cities, e.g. Leipzig and Potsdam, are politically discussing the introduction of milieu protection. Politicians have set social housing as their primary goal. Milieu protection is intended to protect the established residential population in the respective area from displacement. A special approval proviso applies to the development of existing properties located in milieu protection areas. This applies to all projects that involve deconstruction, expansion or conversion, a change of use, or the establishment of residential or partial ownership. In the case of subdivisions, this applies in Berlin on the basis of the Ordinance on a Reservation of Approval for the Establishment of Condominium or Partial Ownership in Conservation Areas pursuant to Section 172 (1) Sentence 1 No. 2 BauGB - in short: Conversion Ordinance - of March 3, 2015 (GVBl 2015, 43). In addition, the respective district has a statutory right of first refusal in the event that the property is sold. However, the district does not have a statutory right of first refusal in the event of the sale of residential property or heritable building rights.
Main areas of activity:
- Support in approval procedures
- Conducting negotiations with the district/municipality
- Negotiation and drafting of avoidance agreements
- Litigation in contentious approval proceedings or in the case of the unlawful exercise of the right of first refusal
- Conducting norm control proceedings before the Higher Regional Court (judicial review of milieu protection ordinances)
We offer qualified advice and dedicated representation, e.g. in disputes with the districts.
