Building Law

German building law can be divided into two very different fields:

 

On the one hand, private building law, which deals with (contractual) relationships between private parties, and on the other hand, public building law, which focuses mainly on assessing the permissibility of a project and deals with legal relationships between private persons and the state.

 

Private Building Law

We advise and represent private and corporate construction projects in regards to construction services, warranty claims, remuneration for example:

 

  • Code for construction services (VOB/B) and terms and conditions in construction contracts
  • Addendum
  • Price adjustment demand
  • Approval / Protocol of approval
  • Warranty claims/ reduction of price/ claims for damages
  • Installment payments
  • Disturbance of construction process/ Filing action against disturbance and enforcing disturbance damages claims
  • Contractual deductions of remuneration (e.g. cash discounts; electricity used during construction; construction insurances etc.)
  • Limitation of construction remuneration claims
  • Final payment declaration
  • Objection against final payment
  • Securities
  • Termination rights and interruption of the terminated contract
  • Insolvency of contractual partner
  • Real estate property law / neighboring rights (e.g. overhang construction, emergency passages requirements)

 

Public Building Law

German public building law governs the use of land. Generally, a construction permit is required for any project prior to the start of construction. Many building owners do not understand that such permit requirements not only apply to construction projects, but also in cases of structural changes of buildings or change of use of buildings. Depending on the applicable federal state laws earth mounds and earth excavations may also require construction permits.

 

We advise building owners, real estate property owners, project developers and construction companies   regarding administration process and court procedures concerning questions of construction planning and buildings regulation law, for example:

 

  • Determining if permit for the planned construction is mandatory
  • Requirements for obtaining construction permit / outline construction permit
  • Objection of neighbor against construction permit / outline construction permit
  • Objection of neighbor against issued construction permit / outline construction permit
  • Defense against measures by construction authorities (construction suspension, demolition, dismantling, interdiction of use)
  • Notification of foreclosure
  • Review of public development plan
  • Security instruments of public construction planning (postponing construction permit applications, development freeze)
  • Public liability and compensation law (e.g. illegal refusal to issue construction permit)

 

 

 

 

 

 

Leander J. Gast Attorneys at law

Berlin: Schumannstr. 18 | 10117 Berlin-Mitte | Phone: 030 240 47 66 | Fax: 030 240 476 71

Hamburg - since June 2013: Neuer Wall 10 | Ecke Jungfernstieg | 20354 Hamburg

Fon: 040 822 15 - 31 03 | Fax: 040 822 15 - 34 91

 

Mail: office@leanderjgast.de