Housing law
Housing law in Germany is the subjective right to use a building or part of a building as an apartment to the exclusion of the owner .
Real or contractual housing law
The real housing law is a special form of limited personal easement according to § 1093 BGB .
It is also conceivable that housing law is only effective under the law of obligations, but is then not secured in the land registry. The following statements refer to the housing law according to § 1093 BGB (real housing law).
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The provisions on usufruct largely apply to housing law. Housing law can only ever refer to buildings or parts of buildings for residential use. However, the right of use can be extended to buildings (such as a garage) or rooms (such as a basement) and undeveloped parts of the property (such as a garden) that are not intended for residential purposes if they are to be used for the main purpose of "living". If a use other than living is desired as the main purpose, this can only be made possible by a limited personal easement according to § 1090 BGB. Housing law is usually limited to the lifetime of the beneficiary. It is not transferable; however, the exercise can be left to third parties if this is permitted ( Section 1092 (1) BGB).
Shared easement
If the right is limited to a part of the building - in particular an apartment - the authorized person can share the facilities and equipment intended for the common use of the residents - e.g. laundry room , drying room , garden, garage.
Right of admission
The person entitled to a right of residence is authorized to take his family and the persons required for professional service and care into the apartment. According to the case law of the Federal Court of Justice , the person entitled to housing can also take in his illegitimate partner.
Viewing rights
The statutory regulation does not provide the owner with a viewing right. If such a right is desired, it must be specially agreed.
Load bearing
According to the law, the entitled person bears the usual maintenance, repair and private costs as well as the running public costs (water, garbage, light, heating, etc.). The owner bears the costs for extraordinary repairs, but is not obliged to have extraordinary repairs carried out (e.g. new roofing).
Legacy Legacy
In a death disposition, the owner can hold the heir to death with a legacy of housing rights. The legatee is then assigned a housing law that is directed against the heir who purchases the house or apartment as the new owner from the testator.
Differentiation from the right of permanent residence
Described here inalienable and unvererbliche apartment right under the § 1093 of the Civil Code is not to be confused with the permanent right of residence to § § 31 et seq. Condominium Act .
Individual evidence
- ^ BGH NJW 1982, 1868
