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 |  Dr. Dieter Jasper, LL.M.

Reform of the Residential property law (III.)

  1. The german newspaper SPIEGEL reports in its on-line expenditure (www.spiegel.de, article of Gerald Traufetter, 07.09.2020, 16,51 o'clock) of a compromise solution with the law amendment to the new Residential property law. The SPIEGEL reports that on 07.09.2020, the parliamentary rapporteurs agreed on a compromise for the coalition of SPD and CDU.
  2. According to this compromise, there should initially have been a compensation between the interest in renovating a building and the protection of financially weak owners. In future, only a majority of owners will be required to carry out structural changes such as façade renovation and other modernizations. However, only those who have voted for them will then have to pay for them. However, if there is a 2/3 majority for the structural change, then all owners must pay for the modernization. In order to avoid costly renovations of use, the costs of the measures must be proportionate.
  3. If an individual homeowner now wants to carry out modernization, he can do so alone if he bears the costs. This includes, for example, charging facilities for electric vehicles, solar systems, barrier-free access, burglary protection, etc.
  4. The relationship between owners and property administrators is also to be reorganized. According to this, a certificate of competence is to be introduced for property administrators. Based on an examination at the Chamber of Industry and Commerce a certificate will be issued. Finally, the administrative council will be equipped with further rights, which it can enforce against the administrator in court if necessary.
  5. The Act is expected to come into force as early as November 2020, so that the political will is there to make use of the reduced value-added tax of 16 % for investments.

Dr. Dieter Jasper

Düsseldorf, September 8th, 2020

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