German real estate legal and tax developments

Legal and regulatory developments in Germany are shaping real estate taxation and valuation practices.

Recent court rulings have clarified tax implications for property owners. Under Section 7 of the EStG, owners of older buildings may optimize depreciation by proving a shorter economic useful life through expert assessments, deviating from the standard 50-year period. Additionally, the Münster Finance Court ruled that tax credits for energy-efficient renovations under Section 35c EStG must be claimed proportional to legal co-ownership shares, regardless of who bore the costs or how the property is occupied.

Furthermore, the use of hereditary building rights (Erbbaurecht) introduces complexities for property valuation. Because the land remains with the original owner while the user holds a property-like right, appraisers must evaluate the underlying contract alongside the physical structure. Factors such as the remaining term of the right and changes in ground rent are critical, as shorter terms can restrict buyer pools and complicate financing.