Berlin’s Senate on 10 November 2026 took note of a new regulation that keeps the whole city designated as an area with a tight housing market until 31 December 2031. The regulation, presented by Christian Gaebler, senator for urban development, building and housing, secures planning tools such as municipal pre-emption rights and building orders. It is also a precondition for the city’s conversion regulation.
What changes
The new regulation is due to take effect on 1 January 2027 and apply until 31 December 2031. The current regulation expires at the end of 31 December 2026. With the renewal, Berlin uses an option created by an amendment to the Federal Building Code (Baugesetzbuch) to extend the rules by another five years. The new term uses the maximum validity period allowed by law.
Which tools it secures
The designation enables or eases the use of several planning-law instruments. These include municipal pre-emption rights for certain idle or undeveloped plots and easier use of urban development orders, in particular orders requiring owners to build. According to the Senate, these instruments can help make better use of available land and improve conditions for creating additional housing. The regulation under Section 201a of the Building Code is also a precondition for the conversion regulation under Section 250. It complements existing tenancy-law and housing-protection rules. The stated aim is to strengthen conditions for a larger supply of rental housing, which the Senate says helps reduce pressure on rents.
Why it covers the whole city
Under Section 201a, areas can be designated as tight housing markets if certain conditions apply:
- (1) rents rising more strongly than the national average
- (2) household rent burden above the national average
- (3) population growth without compensating new construction
- (4) low vacancy combined with high demand
According to the assessment used, Berlin meets criteria 1, 3 and 4, so the regulation is to cover the entire city area. The Senate says limiting it to individual parts of the city would not reflect local conditions or citywide housing supply. It does not expect a fundamental change in the Berlin housing market within the next five years.
Background
The renewal follows another Senate housing decision. On 13 October 2026 the Senate approved the implementation plan for the new Blankenburger Süden district, planned with around 8,600 homes and 35 hectares of commercial space. It also agreed to the intended designation of an urban development measure for part of that district, with the formal decision planned for the first quarter of 2027.