The future of commercial real estate: new legal challenges due to home office trends.

 The trend towards remote working is changing the office real estate market. What does this mean for rental agreements, termination rights and possible adjustments to existing commercial leases?

Dr. Silvia Reichelt

Road sign pointing in two directions. One direction is Home and the other is Office.

The COVID-19 pandemic has permanently changed the world of work and firmly established the home office. This change is having a significant impact on the commercial real estate market and raises new legal questions.

Changing demand for office space

With the increase in home office models, many companies require less office space. A study by the ifo Institute forecasts a long-term decline in demand for office space of around 12%. This will lead to rising vacancy rates and influence rental prices and contractual arrangements.

Adjustment of rental agreements

The changed space requirements necessitate a review of existing commercial leases. Tenants could seek to reduce the amount of space rented or seek flexible contractual conditions. Landlords should be prepared for these developments and include appropriate clauses in new contracts.

Legal aspects of subletting

In order to compensate for unused space, some tenants consider subletting. However, this usually requires the landlord’s consent and should be clearly regulated in the contract in order to avoid legal conflicts.

Home office and commercial use of living space

The increased use of home offices raises questions about the commercial use of living space. In principle, working from home is permitted as long as there are no disturbing influences on the neighbourhood. However, the landlord’s consent may be required for activities with customer traffic or increased delivery volumes. This is also necessary, for example, if the flat is registered with the trade office as a business premises and is used as a business address.

Future prospects

It is to be expected that hybrid working models will continue to exist and that companies will adapt their office strategies accordingly. For landlords and investors, this means reacting flexibly to changing requirements and possibly investing in the attractiveness of their real estate in order to remain competitive in the long term.

The transformation of the world of work poses new challenges for both tenants and landlords. Proactive and legally sound adaptation to these changes is essential in order to avoid future conflicts and meet the changing market conditions.

The most important points

  • Changing demand for office space: The increasing use of home offices is reducing the demand for office space, leading to rising vacancy rates and new requirements for rental agreements.
  • Legal adjustments to rental agreements and subletting: Companies are looking for more flexible contractual models or the option of subletting, which requires clear contractual regulations.
  • Home office and commercial use of residential space: While working from home is usually permitted, business customer traffic or increased delivery volumes can lead to restrictions under tenancy law.