Housing privatization
As housing privatization converting is rental housing in condominiums and thus gained sales of individual apartments in apartment buildings to private buyers referred.
It is only a matter of privatization in the narrower sense if the seller is a municipal housing company . Colloquially, however, sales by other housing associations or real estate distributors are also referred to with this term.
Basics
object
Housing privatization historically describes the conversion of rental apartments into owner-occupied apartments with the aim of selling them in a socially acceptable manner, preferably to tenants, but also to owner-occupiers (vacant apartments) and investors (small parts). Ultimately, the goal of apartment privatization is to sell the apartment as a condominium, regardless of whether it is used by the user or acquired and rented as an investment. In particular, the sale of housing that is currently available from housing companies to tenants (tenant privatization) is referred to as housing privatization.
Legal requirements
A division of rental apartments into condominiums and thus the establishment of apartment ownership is regulated in Sections 2 to 9 of the Condominium Act. It is essential here to meet the structural requirements for a division into residential property. Meeting those structural requirements is the competent building authority at the request of seclusion certificate issued in turn a prerequisite for the registration of condominium ownership in the land registry is. On the basis of the certificate of completion, a declaration of division is notarized with a notary and submitted to the land registry. The original Land Registry is closed, there will be a single for each apartment flat land register sheet created. On this basis, it is then possible for the apartments to be sold to individual buyers.
Tenant protection
Tenants who were tenants prior to the conversion into apartment ownership have a statutory right of first refusal in accordance with Section 577 of the German Civil Code (BGB) for the rented apartment.
The tenant also has increased protection against dismissal from the purchaser. He may only terminate the tenancy after a blocking period of at least three years due to his own use or reasonable commercial exploitation . The state governments can extend this embargo period for certain areas ("in which the sufficient supply of the population with rental apartments at reasonable conditions ... is particularly at risk") to up to ten years ( Section 577a (2) BGB).
procedure
planning
As part of the planning of a tenant privatization measure, the apartments suitable for privatization are identified, these or the house are brought into a condition suitable for privatization and appropriate sales measures are planned.
execution
As part of the implementation, the tenants and investors are addressed as well as the corresponding sale. Here, tenants are given an incentive to buy the rented apartment by granting defined social discounts on the purchase price and offering favorable financing conditions. The tenants enjoy a statutory right of first refusal and extended protection against dismissal. If the sale to the tenant does not take place, the apartments are sold to third parties for their own use (in the case of empty apartments) or to investors.
literature
- BfW - Housing Privatization Working Group ( online ; PDF; 1.3 MB)
- Jokl, Dr. Stefan: "Ownership instead of rent - your own four walls as the optimal form of living and property", Domus Verlag, 2008 ( online , online )
- Reddehase, Rainer: "Renaissance of Residential Property - Opportunity 2009", 2009 ( online )
