A 2016 ruling by the Berlin Regional Court changed the legal landscape for buyers of converted apartments: the ten-year waiting period for owner-occupancy evictions applies retroactively, even to purchase contracts signed before the law changed.
The case: purchased in 2009, eviction attempted in 2014, blocked until 2019
In the case at hand (ref. 67 S 30/16, dated 17 March 2016), an owner had purchased a freshly converted apartment in the Hansaviertel in 2009. At the time, the eviction waiting period was three years. He could have filed for owner-occupancy from 2012 onward but only did so in 2014.
The problem: in August 2013, the Berlin Senate extended the waiting period to ten years through the Tenant Protection Clause Ordinance. The Regional Court upheld the lower court's decision from Mitte and dismissed the eviction claim. The tenant, who has lived in the apartment since 1979, cannot be evicted for owner-occupancy before 2019 at the earliest.
Buyers of converted apartments must plan for ten years
Anyone purchasing a tenanted apartment in Berlin for future personal use must factor in a waiting period of up to ten years. This applies even if a shorter period was in effect at the time of purchase. The court's position: the new ordinance covers existing tenancies as of its effective date.
For buyers who need access to their property in the short to medium term, this means a significantly longer planning horizon. Legal review before purchasing has become even more important.
Background: tenant protection in Berlin
The extended waiting period is part of Berlin's social preservation regulations (Milieuschutz). The rule is designed to prevent tenants from being displaced through owner-occupancy evictions after rental apartments are converted into condominiums. Such protective measures continue to enjoy political support in Berlin, and market trends reflect that.
When calculating an investment in converted rental apartments, treat the maximum ten-year waiting period as a fixed planning parameter.
Disclaimer
This article is for general information only and does not constitute tax or legal advice. The content does not replace individual consultation with a tax advisor or attorney. No liability is assumed for accuracy or completeness.
