Commercial space rent: Authorization requirement for contracts in the redevelopment area

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If a company decides to go to a (branch) location, this usually results in higher investments, which make sense for the duration, but not for a short time. Surprises regarding the rental agreement can very quickly become very unpleasant, for example in a redevelopment area in which unauthorized commercial space leases (pending) can be ineffective ...

What are redevelopment areas?

You can find a map for the Berlin area here . A redevelopment area is an area in which a so-called urban redevelopment measure is to be carried out and which has been formally designated as a redevelopment area by resolution of the municipality (in Berlin: the district) (§ 142 BauGB).

What urban renewal measures are, can be found in § 136 BauGB. These are measures through which an area is significantly improved or redesigned to remedy urban deficits. Urban development deficiencies, on the other hand, exist if the area does not meet the general requirements for healthy living and working conditions or for the safety of the people living or working in it, even taking into account the concerns of climate protection and climate adaptation or the area is significantly impaired in the fulfillment of the tasks incumbent on it according to its location and function.

This very high-end generic concepts must concretize the community so by a statute in more detail and then sets a territory.

Example "Rathausblock" in Friedrichshain-Kreuzberg

How this looks like in concrete terms, the last thirteenth redevelopment area ordinance issued in Berlin may point to the town hall block in Friedrichshain-Kreuzberg (here ). In § 1 the area is defined, in § 2 extent and duration (ten years) determined, in § 3 regulations from the BauGB are declared applicable, in § 4 remedies against the regulation are limited in content and limited to 1 year after adoption and § 5 states when the regulation comes into force, ie when the 10 years begin.

Interesting for me as a tenant is § 3. He explains § 144 BauGB applicable, and it says:

"In the formally defined redevelopment area, the written approval of the municipality requires ... agreements through which a contractual relationship under the law of obligations for the use or utilization of a property, building or part of a building is entered into or extended for a specific period of more than one year."

A "contractual contractual relationship on the use of a building (s)" is a lease.

So, if you are the owner of a building in the Town Hall Block refurbishment area and intend to rent more than one year of land, for example, to a chain store or other trader, you should consider getting the district's permit for the lease. Because as long as this is not present, the contract is pending ineffective. The same applies if you are a company and want to rent something there. As long as the contract is not finally effective, it does not exist, ie you would not even have to cancel to demand return of the rooms can.

Consequences pending ineffective contracts

Floating ineffective means that the contract does not (yet) exist. You can not rely on the agreed maturity and in the worst case would be a reverse settlement according to enrichment regulations. The (non-) renter may demand repayment of all paid rents and utilities bills from the owner as well as replacement of his value-added investments. In return, he would have to credit the objective utility value of the interim period. The expert dispute in court is programmed with it.

In detail, that will be quite diverse.