Law & Politics
Conservation area in Friedrichshain-Kreuzberg
Berlin court overturns tenant protection zone around Riehmers Hofgarten in Kreuzberg
The Berlin-Brandenburg Higher Administrative Court has declared the expansion of the Hornstrasse conservation area in Kreuzberg invalid. The borough's expert report did not withstand judicial review.
Peter Guthmann
Hornstrasse conservation order partially overturned
The Berlin-Brandenburg Higher Administrative Court (OVG) has declared the expansion of the Hornstrasse conservation order (Erhaltungsverordnung) in Berlin-Kreuzberg invalid. The ruling concerns building block 205, bounded by Yorckstrasse, Mehringdamm, Hagelberger Strasse, and Grossbeerenstrasse, which includes the residential complex Riehmers Hofgarten. The case was brought by property owners, represented by Seldeneck & Partner law firm. The ruling is final, with no appeal admitted.
The original conservation order has been in place since 2004. In 2020, the Friedrichshain-Kreuzberg borough expanded its scope to include building block 205, based on a 2019 study. An earlier study from 2015 had recommended the opposite: no inclusion, since nearly half the apartments had already been converted to condominiums and upgrading was largely complete.
The court sided with the plaintiffs. The 2019 study was not plausible because it disregarded the findings of its predecessor. The borough assumed high potential for value increases through energy-related renovations, despite Riehmers Hofgarten being a listed heritage site where such measures are barely feasible.
Consequences for building block 205
Property owners in the affected area are no longer subject to the permit requirements of the conservation zone. Renovations, floor plan changes, and condominium conversions no longer require prior approval. The borough's right of first refusal also no longer applies. Owners looking to sell an apartment in this area now face significantly fewer restrictions.
Relevance for other conservation areas
The ruling only applies to building block 205. But it establishes that boroughs must present a consistent and verifiable data basis before restricting property rights. Owners who can demonstrate a flawed justification have a realistic chance of success in court. Market trends in Kreuzberg and other conservation areas will be affected.