Property law

»Building law and project development

We review the legal permissibility of building projects; for example, the prerequisites for approval for areas not covered by planning permission in the case of undeveloped inner-city areas ("Article 34* approval") or the possibility of changing use in the case of business establishments. If there are still no building rights, we establish these for our clients. During building permission proceedings, we advise our clients and represent them during communication with the authorities. In particular, this also includes supporting our clients during building planning procedures and when concluding urban development contracts with councils or – in the case of large projects – representing them in regional planning procedures, if required.

If structural defects are discovered during construction or following completion, we represent both contractors and clients when enforcing compensation claims or claiming defective building work – both in and out of court.

* Article 34 of the German Federal Building Code (BauGB, Baugesetzbuch).

»Commercial premises leasing law

We represent our clients when concluding rental agreements in the commercial sector, such as for retail and gastronomy units, betting offices, office spaces or petrol stations. In the event of disputes over rights and obligations in rental agreements, we support both landlords and tenants. Typical cases are disputes involving defects in the rented premises, operating obligations or additional cost payments. In particular, we also provide advice relating to the termination and dissolution of long-term rental agreements; for example, in the case of delayed payment by the tenant or the unexpected withdrawal of a public permit during the tenancy.

Disputes over rental agreements are often resolved in court. We endeavour to avoid judicial disputes if possible as they are lengthy and often costly for the client, and favour fast, out-of-court settlements in our clients' best interests. If an out-of-court settlement cannot be reached, we also enforce our clients' rights through the courts.

»Buying and selling property

We advise both the buyers and sellers of property. On the seller’s side, we make preparations for the sale of the property. In particular, we produce purchase agreements and support our clients during contract negotiations and when concluding contracts.

On the buyer’s side, we assess the legal situation surrounding the property (property law due diligence) and review and negotiate the appropriate purchase agreements. In particular, we investigate the efficacy of long-term purchase agreements and the permissibility of future rent increases. Our expertise in public law plays a particularly important role here, for example, when reviewing the permit situation of the property and its use (particularly reviewing the building permits and any commercial permits). Contaminated sites also play a key role; in this area, we can draw on our wealth of experience of soil protection law.