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BGH largely confirms the obligation to renovate scrap real estate

2021-10-15T08:34:16.223Z

In its most recent ruling, the Federal Court of Justice clarified the obligations of real estate shareholders. After that, dilapidated houses also have to be repaired if the costs for this exceed their value.



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Federal Court of Justice in Karlsruhe: Economic excessive demands does not remove the restructuring obligation

Photo: Uli Deck / dpa

According to a ruling by the Federal Court of Justice (BGH), apartment owners are not released from their renovation obligations due to a lack of maintenance or obsolescence.

Only destruction through isolated events such as fires, floods or explosions could be a reason, announced the presiding judge of the fifth civil senate, Christina Stresemann, on Friday in Karlsruhe.

She agreed with a GmbH that owns three floors of a dilapidated parking garage in Augsburg. The majority of the other owners had decided to ban the use of the entire car park due to deficiencies in fire protection. The GmbH had previously failed with a lawsuit against it. The appeal before the BGH has now been successful. High renovation costs are not an argument, said Stresemann.

According to the law, the renovation obligation does not apply if a building is "destroyed to more than half of its value". At the hearing in September, Stresemann had already indicated where the journey was going. Even a completely run-down property must therefore in all likelihood be renovated by the community of owners if further use would otherwise be impossible. Even a possible economic overstrain of individual owners cannot lead to a refurbishment not being carried out.

The dilapidated parking garage that gave rise to the trial in Karlsruhe is in Augsburg and has 550 parking spaces on eleven floors.

Most of it has been shut down, which means that visitors to a nearby convention center will not be able to park.

A GmbH wants to rent its three levels to a hotel.

The majority of the other owners - including two major owners - had decided to ban the use of the entire car park due to deficiencies in fire protection.

mik / dpa-AFX

Source: spiegel

All business articles on 2021-10-15

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