Blocking period for self-use terminations in Berlin

Blocking period: If an apartment is converted into a condominium after letting (‘division’, WEG) and subsequently sold, the purchaser can only rely on legitimate interests after expiry of the respectively valid period of notice.

Anyone who buys such a (“subdivision”) apartment in order to use it must, at least, await the applicable vesting period regardless of any other requirements for a personal use termination. For the tenant disadvantageous agreements are ineffective. According to § 577a BGB, the blocking period is three years and can be extended to up to ten years. This now applies to all of Berlin.

From September 2011 to September 2013, there was a retention period of 7 years in Mitte, Pankow, Charlottenburg-Wilmersdorf, Friedrichshain-Kreuzberg, Steglitz-Zehlendorf and Tempelhof-Schöneberg. Outside these districts the vesting period of 3 years. Since 1.10.2013, a blocking period of ten years applies for the whole of Berlin after conversion of a rented apartment into a condo and subsequent sale. The period begins with the first sale and here the entry of the first purchaser after the conversion as owner in the land register.

Anyone who intends to acquire residential property for their own use will first consider an un-rented property. However, especially in Berlin or Munich is not rented residential property significantly more expensive. Thus, some rented residential property acquires, in order subsequently to meet the tenant with a personal use termination.
However, beware if after renting the apartment to the current tenant and before selling to the first-time acquirer, the apartment has been converted into condominiums. Then the tenant is at least 10 years before an effective self-service termination safe.
You will receive the necessary information by inspection of the rental agreement as well as in the declaration of division.
Consult a specialist lawyer.