The Legal Conditions for Neglected Buildings in Germany

Andreas Saxinger

ERES from European Real Estate Society (ERES)

Abstract: During the last few years a new phenomenon arose in some cities in Germany. Especially in Eastern Germany and in economically undeveloped regions a significant number of houses are in poor condition. House owners are not able or not willing to maintain their buildings. Neglected buildings may have a negative impact on the attraction of the surroundings, but also may represent a danger for the public security.Efficient legal activities against the house owners are difficult for the authorities. Building law is in the legislative competence of the German Länder. Usually the range of legal activities is focussed on illegally erected buildings, but many neglected buildings were erected legally. Some Länder decided to add a new regulation to the building law, which permits the authorities to demolish neglected buildings even against the home owner's will. It is only necessary, that a building is not in use any more, is in dilapidation und there is no public interest in the conservation of the subject building. The question, if the neglected building has been legally erected, is not a condition of the new regulation. German planning law, which is in the legislative competence of the German Federation, was for a long period only applicable to whole quarters or entire streets of neglected buildings. Without a plan of the municipality, measures were not possible. In 2012 the Federation changed the planning law to make it better applicable also to single neglected buildings. Now a demolition order is allowed for the municipality even when there is no local statute for the quarter. On the contrary an expropriation of neglected buildings needs a local statute for the quarter far off. In the next years it remains to be seen, if the new federal planning law will solve the problems of the municipalities with neglected buildings.

JEL-codes: R3 (search for similar items in EconPapers)
Date: 2013-01-01
New Economics Papers: this item is included in nep-law and nep-ure
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