Finding an affordable flat in Germany — especially in cities like Berlin, Munich, or Hamburg — is one of the most common challenges for expats and immigrants. A new political development adds another layer to that picture: Germany's ruling coalition of CDU/CSU and SPD (known as Schwarz-Rot) is planning to introduce a constitutional ban on the expropriation of large housing companies. While this may sound abstract, it has real implications for how Germany's housing market could develop in the coming years — and it is already causing controversy within the governing coalition itself.
The coalition plans to enshrine in Germany's constitution (Grundgesetz) a prohibition on expropriating (essentially, forcing the sale or transfer) of large residential property companies to public ownership. This would permanently close off a policy path that tenant advocates and left-leaning parties have championed as a tool to bring rents under control.
The most prominent example is Berlin's 2021 referendum on expropriating Deutsche Wohnen and similar large landlords — a vote that passed with majority support but has not been implemented due to legal and political obstacles. A constitutional ban would make such expropriation legally impossible at both federal and state level.
SPD politicians — members of the junior coalition partner — have publicly criticized the plan. Some have called it a "Wahlgeschenk an die Linken" (a gift to the Left), arguing that the ban hands the Left Party (Die Linke) a ready-made campaign issue ahead of the upcoming Berlin state election, where polling suggests Die Linke could become the strongest party.
For renters — which includes the vast majority of expats and immigrants living in Germany — the practical effects are indirect but important to understand.
If a constitutional ban is enacted, it signals a long-term policy direction: the German government is choosing market-based and construction-led solutions to the housing crisis, rather than public acquisition of housing stock. This means continued reliance on mechanisms such as rent control (Mietpreisbremse), social housing construction programs, and tenant protection laws (Mieterschutz) to manage affordability.
Those mechanisms remain in place and continue to protect tenants. The Mietpreisbremse limits how much landlords in high-demand areas can charge for new rentals. Tenants also have strong protections against sudden eviction (Kündigungsschutz). These are not affected by the expropriation debate.
However, critics argue that without the expropriation option as a policy lever, structural pressure on rents in major cities will remain high, particularly as housing supply struggles to keep pace with demand.
Berlin is the city where this debate matters most. The capital has the highest proportion of renters in Germany, some of the fastest-rising rents in recent years, and a history of activist tenant politics. With a state election on the horizon and Die Linke polling strongly on housing issues, the constitutional ban proposal has become entangled with electoral strategy in ways that make its final form uncertain.
For expats in Berlin specifically, the takeaway is: the housing market will remain competitive, and no policy change in the immediate term is expected to dramatically ease pressure on flat-hunting. Using all available legal tools — knowing your rights under the Mietpreisbremse, checking rent levels via the Berlin Mietspiegel (rent index), and working with reputable rental platforms — remains the most practical approach.
No. If passed, a ban on expropriation would affect government policy options, not the rights of individual tenants. Your existing rental contract, your protections under German tenancy law, and your rights regarding rent increases and eviction procedures remain unchanged.
Every major German city publishes a Mietspiegel (rent index), which shows average market rents by area and apartment type. In Berlin, it is available at stadtentwicklung.berlin.de. The Mietpreisbremse applies in most major cities and limits new rental prices to no more than 10% above the local Mietspiegel. If you believe your rent is too high, the Mieterverein (tenants' association) in your city can provide free or low-cost advice.
Mieterschutz (tenant protection) is a set of legal rights under German law that applies to all tenants regardless of nationality. It covers areas including notice periods for eviction, conditions for rent increases, and your rights when a landlord wants to sell the property. As an expat renting in Germany, you have the same legal protections as any German tenant.
The debate over the expropriation ban reflects deeper tensions about how Germany should solve its housing crisis. For expats and immigrants, the most useful response is to understand your existing rights as a tenant, use official tools like the Mietspiegel to check fair pricing, and stay informed about policy developments. If you are looking for a flat, joining a local Mieterverein is one of the best practical investments you can make — they offer legal support and advice at relatively low annual membership fees.
Source: Tagesschau
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