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Munich (dpa) - The Bavarian Administrative Court (VGH) has overturned a requirement by the city of Munich, according to which new, affordable rental apartments must be built in a comparable location when tenant houses are demolished.
The court confirmed that on Tuesday.
The "Süddeutsche Zeitung" had previously reported on it.
The Haus und Grund association had sued this regulation from 2019, and the court ruled that it was right by decision of January 20.
The regulation should "only prevent a deterioration or additional endangerment of the supply situation of the population", decided the court.
"This protective purpose does not justify denying the owner, by restricting his power of disposal, from replacing outdated living space with new one."
A misappropriation statute should "not be allowed to add any restrictive ancillary provisions," says the resolution.
"Neither does the owner have to make newly created replacement living space available to the housing market at the same rental price conditions as previously the obsolete living space that was used for other purposes due to demolition."
There is “no legal basis” for restricting the “power of disposal and freedom of contract”.
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© dpa-infocom, dpa: 210126-99-176102 / 2
Message from the tenants' association