display
The decision is clear: The Berlin district of Friedrichshain-Kreuzberg has again suffered a clear defeat in court in the conflict over the occupied house "Rigaer 94".
The district office run by the Greens must continue to instruct the residents of the house to accept an inspection and fire protection assessment of all rooms by the house owner and a fire protection expert.
The Berlin administrative court decided that again, as announced on Friday.
With very critical words, the judges rejected an application from the district office.
It is "inexplicable" how the inspection of the building by the district office should replace a comprehensive report by an expert.
The house owner does not have to rely on the findings of the district office.
"A mistrust of the owner seems justified in view of the inaction of the authority in the past," said the court.
See the WELT video documentation here
It could not be ruled out that the district had reasons other than building control to circumvent the comprehensive documentation of defects, it said.
An appeal can be lodged with the Higher Administrative Court of Berlin-Brandenburg against the decision.
display
For a long time there has been a political dispute over fire protection in the barricaded building, which is one of the last symbols of the left-wing extremist scene in Berlin.
Numerous deficiencies had been documented in the house: missing escape routes, wall openings, faulty electrical cables and barriers in stairwells.
Sharp criticism of the Green City Council
Most recently, Interior State Secretary Torsten Akmann (SPD) attacked the responsible building city councilor of the Greens, Florian Schmidt, sharply.
He was "stunned" about his actions.
“I really couldn't have imagined in my wildest dreams that an administration in our country would behave like this.” He “is only playing into the hands of one group, namely left-wing extremists who are prepared to use violence”.
Schmidt had not investigated the deficiencies in the house for years, then he has prevented the owner's inspection by all means and ignored pending decisions of the senate and a court.
An inspection of the house would probably have to be accompanied and enforced by a massive police operation due to the announced resistance of the residents.
State Secretary Akmann recently said that due to delays by the district and legal deadlines, that would no longer be possible in March.
It is not yet clear whether the owners, the Senate and the police will consider an appointment in April, shortly before May 1, with the usual aggressive demonstrations by the left-wing extremist scene, or whether they prefer to take their time.