The commission of experts set up by the Berlin Senate to implement the referendum “Expropriate Deutsche Wohnen & Co.” considers the socialization of real estate to be legally possible.
According to the Commission's interim report published on Thursday, the state has "the competence to regulate the socialization of properties located in Berlin" within the framework of the Basic Law.
The socialization of "land and land" according to Article 15 of the Basic Law falls under the so-called competing legislation of the federal and state governments.
However, since the federal government has not yet made use of its competence here, according to the experts, the state has the competence to do so.
According to the report, the object of the socialization would be the individual plots of land and the residential buildings.
This is recorded as an “essential part of a property” by the association.
However, the members of the committee still disagree on the amount of appropriate compensation for the expropriations.
On the one hand, there is the view that "due to the special nature of a transfer to the public sector", the market value of the property cannot in principle form the starting point.
On the other hand, it is argued that this market value must be the starting point, "although not necessarily the end point of the considerations".
Important questions still open
"The commission has now confirmed what more than a million people recognized last year - Berlin can expropriate," explained Achim Lindemann, spokesman for the "Deutsche Wohnen & Co. expropriate" initiative, following the presentation of the report.
The Commission has also rejected the Senate's previously mentioned level of compensation.
The Senate has no more excuses and must implement the referendum.
The association of Berlin-Brandenburg housing companies BBU sees it differently: "As the expert commission itself notes, the paper presented today is only an interim report, not a legal opinion," said BBU board member Maren Kern.
Central questions remained completely unanswered - above all, compatibility with the Basic Law, affordability and legal certainty.
The referendum took place in September last year at the same time as the Berlin House of Representatives elections - a majority voted for the nationalization of apartments from large corporations.
The red-green-red Senate then set up a commission of experts chaired by the former federal justice minister, Herta Däubler-Gmelin (SPD).
Among other things, this should clarify the question of the constitutionality of a partnership and submit a final report within one year.
The committee consists of 13 members, mostly scientists.