Berlin Administrative Court: Neukölln district may restrict furnished rentals

The decision could bring some relief in the capital's tense housing market: The Berlin district of Neukölln may prohibit owners from renting out furnished apartments for a short period of time in a so-called environmental protection area if they were previously rented out permanently. This is a change of use that must be approved, as the administrative court decided. A landlord of 15 residential units had sued.

This does not necessarily have to be granted to the apartment owner, as the apartments with their business model are no longer affordable for households with children and low-income households, for example. Their actions therefore have a “displacing effect” and do not correspond to the objectives of the Environment Protection Ordinance. The apartment owner had argued that her apartments would continue to be used for residential purposes and therefore no environmental protection permit was required.

The building code allows municipalities to designate areas as environmental protection areas. Modernizations or changes of use must be approved there. The municipality may also determine that the conversion of rental properties into condominiums must be approved. There are environmental protection areas not only in Berlin, but in many cities.

The Berlin ruling can still be taken before the Berlin-Brandenburg Higher Administrative Court.

There is no topic that concerns Berlin as much as housing ahead of the House of Representatives elections in September. The problems on the rental market are huge.