Reader question: When does a statutory right of additional letting (Zumietungsweg) exist for neighbouring category D flats?
You occupy a small older flat. The neighbouring unit becomes vacant and a connection could create a better flat. Mere neighbouring location does not give you a general right of priority. However, § 5 MRG contains a narrowly defined special Zumietungsweg that can be examined specifically where the facts fit.
The first filter: Which flats are meant?
Paragraph 2 deals with a flat of category D that becomes vacant by termination and a neighbouring flat, also of category D, suitable for a standard upgrade. The possible connection must result in a category C flat with a usable area of up to 90 square metres. In addition, building-law permissibility as well as constructional feasibility and expediency must exist. [MRG5]
A flat described as old or simple does not meet these characteristics solely because of its external appearance. The categories follow statutory equipment features. [MRG15a] The necessary application of the MRG must also be confirmed in advance. [MRG1]
The second filter: What improvement is actually to be made?
The provision provides, under its conditions, that before letting to a third party the suitable neighbouring main tenant must be offered the additional letting and conversion. It also names the exception that the letting may itself improve the vacant flat to category C by other specified constructional measures. [MRG5]
It is therefore not a safe assertion that every vacant category D flat must in every case be connected with your flat. Ask about the project actually envisaged. A mere vague intention to sell or a personal desired size does not replace the statutory prerequisites.
Two hypothetical neighbouring cases
In Sara’s case both flats are initially described as category D. A professional examination is to clarify whether the connection is structurally and legally possible and whether the size requirement is met. Sara has these open prerequisites identified before assuming an already secured offer.
In Ben’s case the neighbouring flat also becomes vacant, but his own flat fulfils a different category. His general idea of enlargement is therefore not automatically the same statutory case. He can request a voluntary solution, but should not equate it with an unexamined entitlement under paragraph 2.
An offer is a time-critical document
§ 5 names registered mail as a sufficient method of dispatch for the offer and an acceptance within 30 days, otherwise the right of additional letting expires. [MRG5] Therefore keep the letter and envelope and have the concrete running of the deadline and an effective acceptance checked immediately. This article does not invent a personal start of the deadline based on a non-binding oral prior announcement.
Before becoming bound you should be able to understand the scope of the connection, the actual conversion, responsibility for costs and the proposed rent. An accepted offer is not a finished technical execution. Paragraph 3 also deals with special later agreements with a new main tenant; do not assume their obligations without understanding the wording.
The sensible result of your examination
Assemble category evidence, flat plans, the actual vacancy, the proposed measure and any existing offer. Obtain the appropriate professional assessment for construction questions and contractual consequences. § 5 can open a concrete chance of improvement. It is neither a universal prior right to the next vacant door nor a guarantee that your desired conversion will be approved and affordable.