barrier

If condominium ownership is established and the apartment is then sold to a third party, we have to deal with a blocking period for the termination of the tenancy agreement for at least 3 years. If the notice blocking period lasts, the landlord cannot cancel the tenancy. Cancellation is only possible after expiry of the blocking period.

A prospective buyer who would like to acquire condominium property and move into the apartment himself or herself is well advised to check whether and to what extent there is a blocking period before buying. If such a blocking period exists, the purchase may be of interest to a investor, and for an owner-occupier only if his or her housing needs arise after the blocking period has expired. The following three points trigger the blocking period:

  • The tenant must live in the apartment.
  • After the tenant moves in, the apartment is converted into a condominium.
  • the owner sells the apartment to a third party after the conversion.

The blocking period during which termination is excluded begins with the completion of the acquisition of ownership and thus presupposes registration of the change of ownership in the land register. The mere conclusion of the purchase contract is therefore not enough. If the apartment is then resold again, the new buyer enters this waiting period. So it won't start all over again.

On this basis, the federal states can set longer blocking periods. This applies to Berlin, for example, and we are not surprised. Due to the terminationa protection clause regulation of August 13th, 2013, a ten-year blocking period has been in effect for the whole of Berlin since October 1st, 2013, if there takes place a conversion of a rented apartment into a condominium and subsequent sale.

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