Living Berlin | Lukinski

Berlin rent cap overturned! Constitutional Court ends experiment – retroactive rent payment threatens

Laura — Sun, 30 May 2021 11:51:32 +0000

Berlin rent cap – The Berlin rent cap is illegal and thus inadmissible! This was decided by the Federal Constitutional Court in April. While some housing companies did not increase their rents back to the old level despite the end of the rent cap, many landlords now demand repayments and put the rents back up. But why was the rent cap overturned, what are the consequences for landlords and tenants, and how are politicians reacting to the decision and the new bill? All this and much more information about the rent cap, its function, the effects and consequences, and the alternatives can be found here.

Rent cap is unconstitutional!

Tip. At the end there is still the press review, the most important news from the real estate world, summarized. There are interesting things in the FAZ on the subject of “New life for houses of worship”, redesigning former churches, monument protection, and much more. You can find all real estate news directly here: Real Estate News.

As the capital and cultural city,Berlin is one of the most popular places to live in Germany. No wonder that rents have been rising in recent years and the real estate market seems more lucrative than ever before. Whether and if so when the rent cap will take effect again or landlords can continue to charge their high prices remains to be seen. Here you can find information about the current events around the rent cap in Berlin.

The law concerns a stock of:

340,000 to 512,000 apartments in Berlin

What does the rent cap say?

The rent cap was supposed to make affordable housing in the big city of Berlin possible again. According to estimates, the rents for 340,000 to 512,000 apartments fell, in some cases by several hundred euros. Much to the annoyance of landlords and property owners! Because they finally sued against the law.

After the rent cap in Berlin was ultimately declared unconstitutional by the Federal Constitutional Court, many landlords and owners breathed a sigh of relief. However, the discussion about high rents has not yet come to an end. In addition, rumours are spreading that the real estate giant Vonovia will merge with the real estate group Deutsche-Wohnen, which would result in the largest real estate deal in German history.

Tenants and landlords: Statistics

Tip. Here you can find even more statistics on housing, construction & real estate.

Public opinion: good or bad?

Do you think the Berlin measure of introducing a rent cap is rather good or rather bad?

Tenant Opinion:

Rather good: 81%
Rather bad: 14%

Total opinion

Rather good: 71%
Rather bad: 24%

You can find more statistics at Statista.

Opinion in the political parties

It is also interesting to take a look at the parties in Germany. Do you think the Berlin measure of introducing a rent cap is rather good or rather bad? Sorted by party preference.

Party = rather good / rather bad
Left = 85% / 11%
Greens = 83% / 15%
SPD = 79% / 13%
CDU/CSU = 68% / 27%
AfD = 60% / 33%
FDP = 47% / 44

If you are planning to move to the capital, want to buy or sell a property, or already live there, we now show you an overview of the most popular and beautiful districts in Berlin.

Living in Berlin: Individual & colourful

Berlin is individual, creative and full of opportunities. More than 3.5 million people have relocated here. As an international location, Berlin is an attractive place to live for people from all over the world. While the district Wilmersdorf in Charlottenburg convinces with its well-kept green areas, the residential areas Prenzlauer Berg and Weißensee in Berlin-Pankow inspire with their unbeatable prices and central location. You want to sell your apartment, your apartment building or your property in the world metropolis Berlin? With our free guides and tips on the topics of real estate sales and real estate valuation, you are well prepared. Read more here:

Living in Berlin

The most popular neighborhoods to live and reside in are:

Sell property in Berlin

The city is characterized by numerous sights and recreational areas, but also by the good infrastructure. As a place to live, Berlin is very popular with people of all ages. If you decide to offer a property for sale in Berlin, you can usually achieve purchase prices that are above average compared to other German cities of this size. The purchase price per square metre has increased by around 65% within the last 4 years.

Read more about selling property in Berlin

Real estate giant: Merger of Vonovia & Deutsche-Wohnen

It would be the biggest deal in the history of the German real estate market. The billion-dollar real estate companies Vonovia and Deutsche-Wohnen want to merge. What was repeatedly rejected by Deutsche-Wohnen in the past is now set to become reality. Vonovia’s takeover bid is attractive and promising. Both the Vonovia share and the Deutsche-Wohnen share have risen in value in recent years. You can find more information here:

Mega Deal Vonovia & Deutsche Wohnen

Real Estate News:

The Süddeutsche Zeitung says “Vonovia does not have to become a rent shark”. The Handelsblatt even headlines “Share deals loophole: Why the merger of Vonovia and Deutsche Wohnen is triggering a tax debate” and ARD warns “Merger plans alarm tenants”. The headlines are now familiar. Here is more news from the real estate industry:

Focus Online: KfW loan saves real estate buyers thousands

The Focus Online blog reports on “Study shows: Who should pay? In some regions, buyers boycott exaggerated real estate prices now” and “Construction financing: Building money has never been so cheap” . More news and current laws:

IM Immobilienmanager: Warburg-HIH Invest buys police headquarters near Cologne

This week at IM Immobilienmanager among others articles about “Warburg-HIH Invest acquires new police headquarters near Cologne” and “ISG Germany appoints new managing director” . You can find more news here:

Frankfurter Allgemeine: New life for houses of worship

The Frankfurter Allgemeine reports this week, for example, “New life for houses of worship: What can become of churches” and “Changing neighbourhoods: Images of memory”. More news from the past days:

New life for places of worship: what can become of churches
House on offer: Tenant desperately sought
Changing Neighbourhoods: Images of Memory

Haufe: Will housing become more expensive?

New in the business section of Haufe this week is, among others, “Solar obligation in Baden-Württemberg: Will housing become more expensive?” as well as “Who comes, who goes? New CEO at Dr. Klein Wowi Digital; IC Group replaces management” . More real estate news for tenants, buyers and sellers:

T-Online: Housing prices continue to rise faster than rents

This week T-Online has topics such as ” Real estate collapse in major cities – experts warn of real estate bubble ” and ” Expensive CO2 participation – landlords demand Seehofer’s resignation ” . New topics of the week:

Berlin.de: Vonovia with audit process

New articles and posts from Berlin.de this week include “Rent brake for municipal apartments in Berlin ” and “Expropriation initiative has almost 200,000 signatures” . More headlines of the week:

Immobilien Zeitung: Hamburg is building apartments like it last did in 1974

This week Immobilien Zeitung has interesting topics such as “Hamburg builds as many apartments as last 1974” and “Sometimes only a pharmacy and a supermarket remain of the trade” in the magazine. The posts and more tips can be found here:

Spiegel: Social promises of the real estate bosses?

This week’s Spiegel is about “”The sheer size may worry one or the other”” and “What good is the social promise of the real estate bosses?” . More news from this week:

Sell land Berlin: building land, arable land, forest & meadow – how it works

L_kinski — Sat, 22 May 2021 14:13:37 +0000

Selling Property Berlin – You want to sell your property or are currently thinking about selling it? In this guide, you will learn about the process, from the preparation phase to the marketing phase to the purchase transaction, all around the purchase contract, purchase price and taxes (more on this: Taxes in Germany). Very few people have any experience, after all, plots of land are sold relatively rarely. In addition, some sellers become property owners unexpectedly, for example through a sudden inheritance. In the last 10 years, the sale almost always paid off, many investors grab and build condominiums (ETW). Why? Just from 2012 to 2021, the price per square meter ETW in Berlin rose by + 168.1%, from 1,671 euros to 4,781 euros / m². Land for housing, agricultural land or forest, learn here step by step: selling land in Charlottenburg, Wilmersdorf, Prenzlauer Berg, Kreuzberg and all other districts of Berlin. Our guide for land sales.

Land sale Berlin: Learn the procedure

There are various factors that influence the value of a plot of land, depending on whether it is a meadow or forest plot, agricultural land, raw building land, land awaiting construction or building land. On the one hand, of course, the intended use of the land, the possibilities of building on it and, of course, one of the central value factors: the location of your land. Regardless of whether it is a building plot, land for construction, forest land or agricultural land in the Berlin area, the same questions always arise for sellers and property owners!

This is where our guide or guidebook comes in, which brings the sale of land, including the valuation of the land, piece by piece closer.

The right time: credit pressure, old age, inheritance

As different as the reasons are, the process of selling real estate is always relatively the same. Broadly speaking, it involves 3 phases: 1) the preparation for the sale of the property, 2) the marketing phase and 3) the completion of the sale.

Reasons for selling a property are many and varied. As mentioned above, it can be a sudden inheritance and confronting a property that may not even be in your immediate area. Even if it is right next door, what do you do with that property? Apart from inheritance, there are of course many other reasons, for example financial pressure due to existing loans, as well as old age.

Either way: Timing is key so there is no pressure to sell. Ideally, you inform yourself now because you want to sell in 3 or 4 months. If you need to sell sooner, it is advisable to approach domestic investors, foreign investors, institutions, construction companies directly through experts in off market trading. More on this later.

Advantage Berlin: Hype of the city

Berlin attracts investors like no other city in Europe. Berlin is located in the middle of the many countries that are part of the European Union. Berlin is also relatively central in Germany and is easily accessible from cities like Munich, Hamburg and Cologne, by car, train and plane. As the capital city, it is not only interesting for tourists and business, the country’s major politics are also at home here. You see: Many, different target groups!

This in turn supports the sale. Sell in districts such as Schöneberg and Wannsee or in trendy neighbourhoods such as Kreuzberg, Friedrichshain and classy districts such as Grunewald and Weißensee.

Sale in 3 phases: Preparation, marketing and closing of the sale

You may have already read about these 3 phases, with their individual steps, in our guide to selling property.

This additional guide to selling land in Berlin is specifically for those selling their first property. In addition to the phases, we also take a look at the property valuation (location, layout, size, development, etc.), the general and more specific documents and records needed for the sale and … but let’s start at step 1:

The preparation of the sale

Prepare land sale: Planning and strategy

The preparation phase is concerned with strategic planning, as with the sale of an apartment or house. The preparation phase is crucial for the success of the sale, here it is about the right timing, the selection of the right broker (for the right target group, as mentioned above), important documents and records for the sale, from which ultimately the offer price (land value) is calculated. No matter whether building plot, forest, field or acre.

Berlin is a sought-after place. At the same time, as a (first-time) seller, you can make an extremely large number of mistakes that ultimately cost you a lot of money. A loss of only 15% on a property worth 5,000,000 euros can result in a loss of 750,000 euros. And we are not even talking about properties in Berlin Mitte. You can achieve such prices in Berlin Pankow, for example.

But back to step 1 in the preparation:

Set time schedule
Make an appointment with a real estate agent
Collect documents
Prepare property
Determinequotation price
Create exposé

Timing and broker selection

First of all there is the time planning. For the sale of a property you should calculate with at least 3 months, from the first thought to the notary appointment and transfer of the purchase price. Of course, it can go faster (the mentioned, direct and discreet investor approach in the off market area), but we want to give a general overview here!

At least 3 months time, until the sale, does not mean that it is also sold after three months. Here, above all, the decision for the right real estate agent plays a role, as well as the valuation of the property. If the valuation is set too high, you will lose interested parties for your property offer – even in Berlin!

Generally speaking, selling under time pressure is never a good option.

Real estate prices in this country are relatively high and stable in almost all locations, after all, it is one of the strongest real estate markets in the world. Berlin in particular has been experiencing a boom for a long time. Square meter prices in Berlin are rising, even though the city government is fighting against it. Measures against “speculators” (investors) are, for example, the Mietpreisbremse (albeit recently overturned), ordinances on renovation and modernization, conversion of rental housing to condominiums, etc.

Berlin: Price development (comparison)

The goal of most investors: to develop land. That means: the more residential units, the more buildable floor space, the better. This is also evident when looking at the price being asked for a square metre of condominiums in Berlin.

The development of asking prices for condominiums in Berlin, from 2012 to the 1st quarter of 2021 are enormous. Here is an insight into the average price, in euros per square metre.

2012 (Q1): 1,671 Euro / m²
2015 (Q1): 2.321 Euro / m² (+ 38.9%)
2017 (Q1): 3.154 Euro / m² (+ 35.9%)
2019 (Q1): 3,897 euros / m² (+ 23.5%)
2021 (Q1): 4,781 Euro / m² (+ 22.6%)

From 1st quarter 2012 to 1st quarter 2021, a total increase of + 168.1 %.

Sell land privately?

From my experience without expertise through previous sales, a real experiment and venture, where many mistakes can arise in the sale of property. Often it is then recommended to accept the help of the real estate lawyer, because he knows better with the tax savings in the sale of real estate, finances & Co.

If you’re interested in the dangers that can happen from selling property privately, here’s our list of the typical, 15 mistakes when selling real estate. Condo, house, apartment building, land:

Mistakes in the sale of real estate

So let’s summarize briefly: If you sell off market to well connected brokers, it can be very quick, sometimes under 30 days to transaction, thanks to targeting investors in the internal network. When selling via real estate portals, it’s more like 3 months and a lot of communication with private individuals, plus credit checks, etc.

After scheduling and choosing a good real estate agent, move on to the documents and paperwork they will need for the property sale.

Documents and records for the sale of land

The documents are prepared early, because they also serve for the valuation of the property, we will come to that in a moment.

Reading Tip: Selling Property: Documents

As a rule, before you sell a property, you need the following documents:

Cadastral map or real estate map from the cadastral office
Development plan
Land register extract Land registry
Land use plan
Preliminary building application
Information on building encumbrances
Development proofs
Notice of land tax

Prepare the land? Shouldn’t the next step be the property valuation and the offer price? No, because by no beauty corrections the price can be corrected often still a little upward. No picture has been taken yet, no exposé and no investor has been approached.

Increase in value before property valuation

Here is a small example from practice: When I speak with my investors, these are usually larger companies, institutions or family offices. Accordingly, a person is quickly sent from somewhere in the country, who quickly makes an overview of the property, live on site. Just like that, quickly by car, a few meters on foot.

For the exposé, for the valuation but also for such spontaneous viewings, it is worth taking a look at ways in which you can still increase the value of your property. From simple “beauty corrections” to preparatory measures for further development.

In our example from practice it was about a property from Berlin. Who knows Berlin knows that empty properties, without security measures, are quickly littered. If even apartment buildings in Berlin are occupied, then no properties are safe.

It’s just little things, but just as an increase in the value of the property, through small beauty corrections or renovations is achievable, can also optimize properties before the property photos, before the valuation, before the first visits. Thus the value can be increased with the property sale, in which you for reorganization work a craftsman, or for small rebuilding measures an architect in Berlin to rate pull. It is not about 5%, 10% increase in value, but even an increase in value of 1%, 2%, makes a property of 1 million market value already a significant proportion, which you can pocket as a seller profitable for themselves.

Offer price: Determine property value (valuation)

The valuation of a plot of land is subject to various factors, just like the valuation of any property. The following factors, among others, are decisive for the valuation of land.

First, as with any property, is location.

Location, location, location … also for Berlin properties

This is also about the development and transport links. The next factor in land valuation is the size of the plot. But size is not everything, the layout also plays a role. In addition to size and layout, there is of course also the development, soil condition, standard ground value, as well as possible contaminated sites and third-party rights.

Exact details should always be discussed and worked out in cooperation with your advisor (broker).

In addition to the location and size, of course, it becomes much more specific: Are we talking about building land, are we talking about soil samples, are we talking about forest land, then also climatic changes, to agricultural land and so on. The land valuation is therefore not as easy to summarize as the apartment valuation or the house valuation.

Value factors: checklist

The factors are important for the evaluation:

Location of the property
Size and cut
Development of the area
Soil composition
Degree of development or buildability
Legacy
Third-party rights
Ground value

Property types

In addition, depending on the property, still value factors in the area of the development. Depending on which possibilities are available for the construction.

Forest or meadow land; if necessary, no construction is allowed
Land awaiting construction; may be built on in the foreseeable future
Undeveloped land; land not yet developed
Building land; development possible within the framework of the development plan

Preparation for the sale of land – Conclusion

Here is a summary of the individual steps. A simple checklist, consisting of 6 key points, which will bring you closer to the process of selling a property.

Timing
Broker appointment
Documents
Prepare property
Offer price
Exposé

When it comes to property valuation, there are a number of factors that come into play. The complexity of each individual property valuation, we can not convey in this general guide, but we can give you this tip, ask yourself the following questions:

What type of land are you selling? Is it a building plot, a forest plot, agricultural land,…
How big is your property?
What type of use is intended for your property?
How can your plot be built on? This means building footprint (BGF) and house type and / or apartment type
What are the transport links to the location of your property?

Berlin: Real estate in the capital

Capital, university city, historical stronghold and as an international location an attractive place to live for families, couples, singles and students. Accordingly, Berlin faces a continuously growing population due to immigration.

Berlin real estate market: overview

Berlin offers everything from fashion, art, finance, start-ups, and the list goes on. There is hardly a person who would not find their passion in this city of 3.75 million. This is also evident in the sprawl of the city and the different districts. For this reason it is often described as’ many cities in one’. A walk through Berlin-Mitte is very different from Kreuzberg and Prenzlauer Berg is not often confused with Zehlendorf.

Real Estate Berlin

Living in Berlin: Popular residential areas

We present the most beautiful districts of the German capital and tell you where you can buy the best, highest quality and most exclusive properties to set up your new home, or which districts are best suited to invest in a property as an investment. Here we present the most popular residential areas – from upscale Grunewald to charming Schmargendorf and quiet Dahlem to historic Charlottenburg. Back to overview: Living in Berlin.

Selling real estate in Berlin: house, apartment and land

As an international location, Berlin is an attractive place to live for people from all over the world. While the district of Wilmersdorf in Charlottenburg convinces with its well-kept green spaces, the residential areas of Prenzlauer Berg and Weißensee in Berlin-Pankow inspire with their unbeatable prices and central location. You want to sell your apartment, your apartment building or your property in the world metropolis Berlin? With our free guides and tips on the topics of real estate sales and property valuation, you are well prepared. Back to overview: Selling real estate in Berlin.

Civil law partnership (GbR): formation, liability, legal form, management, taxes

Laura — Tue, 23 Feb 2021 12:21:24 +0000

Gesellschaft bürgerlichen Rechts (GbR) – The Gesellschaft bürgerlichen Rechts is a German legal form which is established by two or more persons for a certain period of time in order to conduct a certain business together or to achieve a common goal. It is therefore always for a specific purpose and usually exists only as long as the joint venture has not yet been completed. As the name suggests, it is subject to civil law and is therefore often referred to as a BGB company. Tax advisors help with the formation, as well as with all taxes in Germany. All about the GbR. Back to the individual: Legal forms.

Civil law partnership: formation, advantages and disadvantages

In the following, you will find out everything you need to know about setting up a GbR. How do you become a partner in a GbR? What are the differences between incomplete and complete companies? What are the advantages? What are the disadvantages? How do I set up a company? What is a company? You’ll get answers to all these questions and more – explained simply and quickly. Plus everything you need to know about taxes and real estate trading.

If you are considering forming a civil law company, you first need to know about the formation process: Who can form what exactly, when and to how many… what are the differences and similarities between the various civil law companies? It is equally important to know the advantages and disadvantages of a GbR: From profit distribution to saving taxes – the seven most important formation criteria for you at a glance.

What are the founding criteria?

Number of shareholders
Management
Foundation
Company name
Funding
Liability
Profit distribution

Learn everything important about it here! In addition, you will find all German types of companies and legal forms, as well as tips on how to start a company, including the special case of real estate GmbH, family foundation & Co.

BGB companies at a glance

In the entrepreneurial world, there are many different forms of business you can choose from. They are roughly divided into two categories, namely sole proprietorship and companies, which in turn are divided into incomplete companies – these include dormant companies and BGB companies – and complete companies – partnerships, corporations and some more.

The civil law partnership – GbR for short – is one of the so-called incomplete partnerships and is often also referred to as a BGB partnership because, unlike the complete partnerships, it is not subject to the German Commercial Code (HGB) but to the German Civil Code (BGB). The GbR is an uncomplicated form of corporate law because it can be founded informally and a minimum of only two founding members is required. Since the formation of a GbR is for the purpose of jointly conducting a specific business, it is also referred to as an occasional company.

GbR between private persons

If you want to form a civil law partnership, there are different options for you and your co-founder(s). In fact, most people – knowingly or unknowingly – have already been part of a BGB company at one time or another: if, for example, you form a car pool with your colleagues or go on holiday together with your friends and split the costs between them, you have formed an occasional company in the legal sense. For a common goal, you have joined forces with at least one other person, temporarily or for a longer period of time, and contributed to the fulfilment of this goal under the premise of equality – in this or a similar way, a civil law partnership is informally formed between private individuals.

GbR among freelancers

You are already self-employed and want to found a GbR? No problem! Even between sole traders, the formation of a civil law partnership is not uncommon: Especially in the healthcare and legal sectors, doctors and lawyers like to join forces for a longer period of time. They establish a civil law partnership among freelancers in order to increase their chances on the market or to strengthen their competitiveness or simply to save costs.

GbR among merchants & banking syndicate

As a businessman or businesswoman, you can also join forces with like-minded people and set up an occasional company. For example, if you have a large construction project that you as a craftsman cannot handle alone, you can join forces with other craftsmen for this customer or project to tackle the property together. Once the construction project is complete, everyone goes their separate ways. In this case, it is a matter of founding a civil law partnership among merchants. A special feature here is the merger of banks: If several banks form a GbR – for example, for the purpose of easier organisation of the share issue when a public limited company (AG) is re-established – this is referred to as a banking consortium.

BGB companies in brief:

GbR between private persons
GbR among freelancers
Partnership under business
- Banking syndicate

Formation process of the GbR: From the number of shareholders to the distribution of profits

Regardless of whether you are a private individual, a freelancer or a merchant: The process of forming a civil law partnership is the same everywhere: For one thing, you need at least one other person to be able to form a GbR. The claim that a GbR is more or less a sole proprietorship, only with more people, is therefore no coincidence. But apart from the question of liability, these two legal forms have little in common.

Doing business together from 2 persons

Although it is possible to appoint a single managing director from among the BGB partners by agreement, all partners usually take over the management jointly and also make joint decisions.

The foundation itself requires a tax identification number – in short: tax ID – which you can apply for at the tax office responsible for your administrative area. Furthermore, you must apply for the registration of a small business at your responsible trade office, which usually costs you about 10 to 65 euros for processing. As a small business BGB company, you are restricted in terms of turnover – this means that you may generate turnover up to a fixed maximum limit of currently 250,000 euros per year. For higher amounts, the civil law partnership is automatically converted into a general partnership – OHG for short – for which entry in the commercial register is mandatory.

Company identification: Full name + GbR

Since you are not registered in the commercial register as a GbR partner, you cannot officially trade. This means that your company does not have a company name, but only a company designation. The company name must consist of your full first name and your surname plus the suffix “GbR”, which indicates the legal form of your BGB company. You are free to expand your company name by naming the industry and/or an imaginary name.

Financing, Liability & Profit

The financing is entirely at your discretion, so you can theoretically do without any start-up capital. However, it is advisable to have certain reserves and to draw up a financing plan in order to be financially prepared in case of unpleasant surprises. The company risk is borne jointly by all partners and they are liable for both business and private matters. Therefore, if something goes wrong and the BGB company falls into arrears and financial difficulties, you must – even in the case of wrong decisions by your co-partner(s) – take unlimited responsibility with your private assets.

Just like the entrepreneurial risk, the profit is also distributed equally. With two founding members, each of you receives 50 percent of the profit. If there are three or more partners, the profit is distributed accordingly per head.

Advantages: Winning by heads, team decision & joint liability.

After presenting the typical characteristics of a BGB company, you have certainly already recognized the advantages that this legal form offers you: The foundation is relatively uncomplicated and you do not need any start-up capital. You are active as a team together with your co-founder(s): You make all company-relevant decisions together, bear the liability risk jointly and share profits equally among yourselves.

Fast and uncomplicated foundation
Flexible share capital
Head split
Liability risk in the team
Decisions with little coordination with others
No disclosure of business figures

Disadvantages: Full liability, turnover restriction & OHG conversion.

The disadvantages of setting up an occasional company can also be quickly identified: On the one hand, you do not have sole decision-making power and must coordinate with your staff of partners. Nevertheless, in case of doubt, you must be fully and completely liable – even privately! even if you were not responsible for the losses. Thirdly, as a GbR you are limited in turnover and have to be careful not to unintentionally change into a OHG. Last but not least: Since a GbR is purpose-bound, a dissolution can be enforced without much effort – it is not made for eternity.

No sole decision-making power
Full liability (incl. private assets)
Limitation of turnover up to 250.000 Euro per year
Automatic conversion into OHG
Simple dissolution of the GbR

Evaluation: Start-up without bureaucracy & share capital

After comparing the advantages and disadvantages, it becomes clear that if you like to work in a small and familiar team to achieve a common goal and do not want to overcome any major bureaucratic hurdles, you can get off to a fast and easy start as a GbR. Profits are shared fairly and losses are borne jointly, so that businesses with a manageable risk are particularly suitable as objectives. In addition, a GbR makes sense for entrepreneurs who do not have the necessary share capital for a corporation and/or have a general partnership as their goal.

Immobilien GbR: change of legal form, asset management & Co

You don’t think the idea of a general partnership is a bad idea at all, and now you’re wondering how to combine your partnership with real estate? From form change tricks and private contributions to corporations to real estate brokers and asset management companies. All essential information on real estate partnerships, real estate GbR and real estate KG for you in a nutshell.

Small tip: When acquiring and/or managing real estate, make sure that all details are clearly stated in the partnership agreement. Due to the principle of joint, unlimited and direct liability, you should also make sure that your managing partners are persons with comparable creditworthiness – otherwise there could be difficulties with financing and creditworthiness.

Variant 1: Save taxes through change of legal form trick

As an individual, you would like to contribute your property to a limited liability company (LLC) or other corporation, but the tax levies are too high for you? Then you should consider transferring your property to a partnership. The advantage: registered partnerships can be easily converted into corporations by means of a change of form and you can save the real estate transfer tax!

Change of legal form to a registered partnership

As a partnership under civil law (GbR), you can convert your property into 100 per cent GbR shares as a 100 per cent shareholding and, in the next step, carry out the change of form to a general partnership with entry in the commercial register. This turns the GbR into a full company and, above all, also into a registered partnership, which is the basic prerequisite for the conversion into a GmbH. But watch out: You need another person for the formation, who temporarily joins the company without deductible.

Change of legal form to a corporation after 5 years

The change of legal form to a GmbH is again tax-free in terms of the identity of the legal entity, so that you remain exempt from real estate transfer tax and can still transfer your private property to a corporation. You only have to wait until the five-year lock-up period has expired, because otherwise taxes will still be due retroactively in accordance with the Real Estate Transfer Tax Act (GrEStG). If everything goes smoothly, you are still 100 percent owner and your co-founder can leave the GmbH without any problems.

Variant 2: Real estate agent with business licence

If you want to become a self-employed real estate agent, it’s not that easy. The profession of real estate agent is subject to the trade obligation and is not one of the liberal professions. This means that in order to be able to pursue this activity, you must first apply to the trade licensing office for permission and hope for a positive light. The official permit is required by law, for example to be able to assess your reliability in advance.

Real estate agent OHG, GbR & KG

Partnerships can also operate as real estate agents. However, without their own legal personality, OHGs, GbRs and KGs must obtain an official permit for each individual managing partner. In addition to the application form for permission, further documents must also be submitted. These include:

A police clearance certificate – available on request from the Residents’ Registration Office;
An extract from the Trade Central Register – available on request from the Ordnungsamt;
A tax clearance certificate – available on request from the tax office;
A certificate of no current insolvency proceedings – available on request from the local court;
A certificate of missing entries in the debtors’ register – available on request from the local court.

A certificate of competence can also be provided on a voluntary basis.

Variant 3: Asset-managing partnership

If you want to be active in the area of surplus income – i.e.: income from non-self-employed work, capital assets, renting and leasing or other income – an asset-managing partnership could be just right for you. Here you can typically either use the legal form of a GbR or fall back on trading companies regulated in the HGB such as the OHG or KG. Mixed forms such as the GmbH & Co KG are also conceivable in principle, but mean further regulations and requirements.

Participation, say & tax advantages

An asset-managing partnership makes sense if several real estate investors want to manage their real estate holdings jointly. The aspect of ensuring succession in the event of inheritance is also interesting here. The partnership agreement determines how much say the individual partners have – decisions are often made on the basis of shares, but even partners with a small shareholding can gain a dominant voting right – for example, if they have enormous expertise, professionalism or experience.

Tax advantage of such an arrangement? The capital-forming partnership is not the same as the tax object: each partner is taxed individually and all income taxes as well as taxes from inheritance, sale or gratuitous transfer of partnership shares must be reported by each partner individually for tax purposes.

Taxes for BGB partners: income tax, VAT & trade tax

As a GbR partner, you need to know about some types of taxes, because with the establishment of your company, you receive income from your business and must of course also pay tax on this. Tax law stipulates that in addition to the income tax of each partner, further duties must be paid for turnover tax, unless the GbR makes use of the small business regulation. In addition, trade tax is due for commercial enterprises with an annual income of more than 24,500 euros. A GbR among freelancers remains exempt from the trade tax obligation.

You can find out what taxes you can expect with a real estate corporation here:

Save taxes on real estate

Conclusion: Civil law partnership – for whom is it worthwhile?

If you are prepared to join forces with other trustworthy people to start your own business quickly and easily, you do not need enormous financial reserves and also pay relatively little tax on your profits. A GbR is therefore ideally suited for young freelancers who want to take their lives into their own hands, not only dream of self-realisation and do not want to wait until they have saved up the necessary start-up capital.

From a real estate point of view, a BGB company is particularly worthwhile for beginners who would prefer to invest their capital directly in the purchase of real estate instead of laying down the share capital for a corporation. If you are successful, however, you should consider converting the casual partnership into a general partnership – if only to reduce the liability risk – or contributing the GbR as a contribution in kind to a GmbH.

You can find out more about general partnerships and limited liability companies here:

Learn for free: Start a company & legal forms

Besides the civil law partnership (GbR), there are a few other alternative types of companies that could be interesting for you as a founder! You want to learn more about starting a business? Learn more about share capital, taxes and the advantages and disadvantages of the different types of companies.

Here you will find all the legal forms that can be chosen as a founder in Germany and a guide with a checklist:

Legal forms: List
Founding a company: Procedure, costs and overview

Legal forms: List

Legal forms – What types of company are there? If you want to start your first company, then choosing the ideal legal form is one of the first steps in the process of setting up a company. Whether it’s a special real estate company or a start-up, I’ve summarized all the types of companies in Germany for you here.

Legal forms: List

Company types in detail:

Starting a company: Procedure, costs and checklist

Founding a company (real estate) – You want to found your first company? Requirements for you as a founder, share capital, shareholder agreements, costs for the foundation, legal forms and checklists. This sounds complicated for beginners, but it is actually quite simple. The process of founding a company is usually relatively the same. I have summarized the foundation here once in simple steps, for you. Learn how to start your own business. After the great guide to all legal forms or types of companies, today a detailed look at the establishment of a (real estate) company for beginners.

Form a company