Housing shortage in Germany: municipalities fear disenfranchisement - "do not need a leash from the federal states"

A new compromise of the BauGB reform is unlikely to please the municipalities.

Important planning competencies for construction could now be passed on to the federal states.

Berlin - The housing shortage and affordable housing are important issues in Germany.

That is why there has been a draft law since last year that contains instruments to create new living space more quickly.

In addition, the existing affordable apartments are to be preserved.

The reform of the BauGB is based on proposals from an independent commission of experts and passed the Federal Cabinet in autumn 2020.

However, there is one very controversial aspect of the new reform.

In the future it should be according to the

be the task of local authorities to approve the conversion of rental apartments into condominiums.

In practice, such a conversion often means that inexpensive rental apartments are no longer on the market.

The SPD and CSU have spoken out in favor of such a reservation of approval.

The CDU took a clear position against it.

Housing shortage: Will the municipalities be incapacitated by the new draft law?

According to information from

a compromise proposal.

This is unlikely to please the mayors and city councilors.

According to the newspaper, the proposal stipulates that the municipalities will be relieved of crucial planning skills and given to the federal states.

"The cities can and want to decide for themselves when and to what extent it is appropriate to make use of the planning instruments of the Building Code," said Helmut Dedy, General Manager of the German Association of Cities, to

.

Actually, the new reform gives the municipalities more room for maneuver, as they would be responsible, among other things, for the approval of the conversion of rental apartments.

In addition, with a new building bid, the owners of undeveloped land could now be made to build more easily.

In order to increase the social housing quota, a “sectoral development plan” is also planned, in which the municipalities can stipulate a certain quota of social housing in new building areas.

A new pre-sale right is intended to give the municipality more time when selling private real estate, and to buy not only houses but also vacant lots.

According to the compromise that the

has before

the

,

these new instruments should now be

co-determined by the federal states.

That would mean, for example: If Nuremberg wants to acquire a property that is to be sold, the city would first have to ask for permission in Munich.

This is met with incomprehension among the stakeholders of the municipalities.

Municipal planning instruments should "not depend on the statutory ordinances of the federal states," said Dedy, General Manager of the City Council.

“That would ignore the municipal planning sovereignty.

We do not need a leash of the countries. "

The German Association of Cities calls for a price brake on advance sales

The German Association of Towns and Municipalities is also not enthusiastic about the compromise proposal.

“The land-use planning is at the heart of local self-government.

This includes instruments such as the right of first refusal, building bans, sectoral development plans or even a conversion permit reservation in municipal hands, ”says department head Bernd Düsterdiek to

.

“The planned extensions to the pre-emptive rights are particularly positive.

You can at least initially strengthen the real estate-economic ability to act of the municipalities. "

The German Association of Cities even calls for an additional price brake on the municipalities' right to sell.

"Cities that exercise their right of first refusal should always be able to buy real estate at the market value determined by an expert and not at the highest bid," said Helmut Dedy to the

.

"In this way, cities could counteract the excessive land and property prices - also for the benefit of the private real estate industry." When converting rental apartments into condominiums, it is important that the cities are asked for permission before a rental apartment is converted into a condominium, says Helmut Dedy.

“Cities need a margin of maneuver in order to be able to assess where the conversion of rental apartments into condominiums makes sense or where it threatens to change the structure of city districts.” Both associations are definitely calling for one thing: more speed!