In the publicly funded social housing may be required in real estate company for decades, but not indefinitely to the offer of social housing. The Supreme civil judge of the Federal court of justice (BGH) in Karlsruhe. It applies even if the municipality had left to the private Investor cheap building land.
The ruling is a success for a housing co-operative from Hannover, Langenhagen is fighting against an old contract agreement with the city of (Az. V ZR 176/17). Accordingly, the 52 should be in the 1990s built the social housing permanent social housing. This clause is according to the BGH ineffective.
This does not mean, however, that the social bond will terminate immediately, as the presiding judge Christina was Stresemann clear. The higher regional court of Celle must now figure out what term the parties would have likely agreed. The applicant company wanted to achieve, that the occupancy rights of the city after 20 years and the flats free of rent.
In 1995, a housing society was purchased by the city of Langenhagen, land and undertook the construction of 52 social housing. The municipality granted a low-interest loan. Before the Hanover regional court and the higher regional court of Celle, the action of the society was unsuccessful.
In the case of the sale of the selected Conveyance indefinite assignment are not provided according to the BGH “rights”. The competent civil Senate highlighted that in 1989 introduced the way for more flexible funding of social housing should be made possible. Through a time-limited intervention in the housing market, shorter bonds should be made possible, “to increase the willingness of private builders”.
The state shall promote the construction of social housing, it provides guidelines on who is allowed to live there. After mostly 15 to 25 years, this so-called occupancy of the binding expires. The owner, or the owner must rent, to whom he or she wants. The number of social housing units has fallen significantly in Germany. In 2017, there was 1.2 million, in 2002 there were still more than twice as many. This is because many homes from the social bond will fall, but not many new ones are being built. Since the federalism reform in 2006, social housing is a matter for the länder. The Federal government wants to transfer in 2020, and 2021, in addition, two billion euros to the countries in order to promote social housing.
