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ARTICLE · 16 MARCH 2020

Berlin Rent Cap Act Finally Adopted But Uncertainties Remain

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Mixed views have been expressed as to whether the legislation is in line with constitutional laws.

GermanyReal Estate and Construction

In Short

The Situation: Over the past decade, Berlin has experienced a significant rent increase for residential space though rents still remain significantly lower than rents in other European capitals. On January 30, 2020, the Parliament of the Federal State of Berlin adopted a law to freeze rents ("Rent Cap Act") in Berlin which came into force on February 23, 2020.

The Result: Rents for residential space completed before January 1, 2014, are frozen on the level of June 18, 2019 ("Effective Date"). Maximum rent amounts are introduced for residential space, taking into consideration the year of construction, standard of comfort, and the residential area.

Looking Ahead: The Berlin government expects that the Rent Cap Act will help to cool down what commentators argue is an overheated market for rented residential space. Critics say that this regulation will not create more residential space but will discourage investors and developers and make the

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