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Berlin (dpa / bb) - The fight for the partially occupied house "Rigaer 94" in Berlin-Friedrichshain entered the decisive phase on Tuesday.
At the same time, there are short-term court decisions, renewed deliberations by the Senate and the district going it alone.
From a purely legal point of view, it is about fire protection.
But behind this is the question of whether the house owner can come into the barricaded house and apartments against the resistance of the left-wing radical residents and possibly also exchange locks.
That would only be possible with a larger police operation.
In the building complex, one of the last symbols of the left-wing extremist scene in Berlin, numerous deficiencies in fire protection such as missing escape routes, wall openings, faulty electrical cables and barriers in stairwells were documented years ago.
The responsible district councilor of Friedrichshain-Kreuzberg, Florian Schmidt (Greens), wants to prevent the planned inspection by an owner representative and a fire protection expert on Thursday and thus make the police unnecessary.
In order to get ahead of the owner, Schmidt surprisingly announced his own “fire protection inspection” on Tuesday.
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The house owner does not want to accept this solo effort by Schmidt and have it checked by the court at short notice and, if possible, prevent it.
At the same time, he wants to enforce his own fire protection test prepared with the Senate and the police, as a lawyer for the owner of the German Press Agency said.
The administrative court should decide on the urgent application on Tuesday.
In addition, the owner wants a court to determine that the fire protection test must cover the entire building, including the apartments.
This is the only way to obtain a correct fire protection report.
Should the district continue to refuse its support, the court should determine that the inspection must only be possible through orders from the state-appointed fire protection inspector - even if residents refuse to open their apartments.
At the same time, the residents and their lawyer take action against the house owner at the regional court to prevent his fire protection test.
In an oral hearing, probably also on Tuesday, it should be clarified again whether the homeowner is legally sufficiently legitimized.
There has already been a decision by the Court of Appeal, which the residents are contesting.
The administrative court has also recognized the owner's legitimacy.
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Because the residents and their supporters announced violent resistance to entering the house, the police have prepared a large-scale operation.
The area around the house will be closed from Wednesday evening, demonstrations are prohibited, cars are no longer allowed to park.
The house residents said on the Internet that it was not about fire protection, but about a "siege and a step-by-step transformation into a destroyed, uninhabitable house controlled by bars and security gates".
© dpa-infocom, dpa: 210307-99-724769 / 3
Opinion of the residents
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Announcement from Schmidt
Police press release