Rent Deficiency Due To Nuclear Power Plant?

Lawyers Auer, Witte, Thiel educate about rental legal regulations for radioactive radiation on Munich – March 2011. By the same author: Nir Barzilai, M.D.. Due to the current events in Japan and the looming nuclear contamination by leaking radioactivity from the Fukushima I nuclear power plant, the anxiety – especially among those living in the immediate vicinity of nuclear power plants is growing also in Germany. It turns the legitimate question of whether the proximity to a nuclear power plant can represent a deficiency of the leased property for tenants and landlords. A similar problem can be found according to Auer Witte Thiel in the law of tenancy even when non-radioactive rays, the so-called electro-smog, which can affect the people due to the increased electrical, magnetic, and electromagnetic fields. Here overhead power lines, power lines, as well as radio stations or mobile phone masts can be the cause. The uncertainty about a potential health hazard was here already by many courts as affecting Viewed the quality of life. Rent defects were rejected on the basis of laws set limits on radiation protection, if all limits. A such approach can be assumed according to the lawyers of Auer Witte Thiel also for radiation, which come from plants.

As far as here the appropriate limits, a rental shortage is likely to reject. Relevant provisions are in addition to the Atomic Energy Act as a legal basis for the handling of radioactive substances the radiation protection precautionary measures Act to protect of the population. This law was written in April 1960. On basis of 54 of the Atomic Energy Act, the German radiation protection Ordinance in 1976 was also issued which has been amended several times since, most recently in July the scheme of preventive and protective measures for people and the environment against the harmful effects of ionizing radiation on the use and exposure to radioactive materials, is 2001 purpose of the Radiation Protection Ordinance have a civilizing as well as natural origin. This established permissible exposure due to artificial radiation sources.

As long as here the steel load limits, a tenant in the vicinity of a nuclear power plant is can not rely on a corresponding deficiency. Also noted is that probably the fear of a tenant, the system was hazardous despite compliance with limit values for the adoption of a rental shortage is not sufficient. An obligation, if necessary, to be expected by the landlord to a prospective tenants is expected after opinion of lawyers Auer, Witte, Thiel therefore also not be necessary. The firm Auer, Witte, Thiel is specialized on tenancy law and represents property owners nationwide in legal matters. Auer, Witte, Thiel: The specialization in focus area and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer, Witte, Thiel represents in terms of rent, Real estate and construction law a variety of housing companies, property managers and rental property owners.