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Article 309

  • 1

    If a landlord to whom the rights and obligations under the lease have passed under Article 226, causes such lease to terminate by notice in connection with the circumstance that the premises are to be demolished for the purpose of carrying out works in the public interest, he shall be liable to the tenant and the subtenant to whom the sublease was authorized prior to such passage, for compensation for the loss of the opportunity that the lease relationship would have continued in the absence of such passage.

  • 2

    The landlord shall also owe the indemnification referred to in paragraph 1 if the transfer has taken place after the previous landlord has given notice of termination of the lease in connection with the circumstance that, after the transfer, the building will be demolished with a view to carrying out works in the public interest. If ownership of the leased property was transferred after the lease had already been terminated by the termination, the indemnification shall be payable by the owner who proceeds to demolition.

  • 3

    A termination shall be presumed in connection with the circumstance that the building will be demolished for the purpose of carrying out works in the public interest, if the demolition begins within six years of the termination.

  • 4

    Works to implement a zoning plan aimed at reconstructing a built-up area shall in any case be deemed to be in the public interest.

  • 5

    In addition to business premises within the meaning of Article 290, this Article shall also apply to a built-up property or part thereof, if such property or part thereof is leased for the purpose of carrying on a business other than business premises within the meaning of Article 290.

Information valid on 12-05-2021

Regulations based on this article (delegated regulations)

No

Policies and circulars that have this article as legal authority

No

Articles or similar text referring to this article

  1. Expropriation Act
    Art: 42

Summary of changes for this article

(12-05-2021)

Origination source

Entry into force

Effective date

Retroactivity

Subject

Signature

Announcement

Chamber documents

Signature

Announcement

Note

modification

2020

Stb. 2020, 172

34986

2003

new

2002

Stb. 2002, 588

26932

2003

Stb. 2003, 230