Real Estate and Construction Law
Our foundation: Profound legal expertise
Real estate and construction is a special field that requires an in-depth knowledge of the law, detailed case-law and contractual practice in areas such as commercial tenant law, construction contract law as per the German Civil Code (BGB) and the German Construction Contract Procedures (VOB/B), architectural law as per the schedule of fees and services for architects and engineers (HOAI), property law including residential property and hereditary building law for successful legal counsel. At the same time, real estate and construction law is an interdisciplinary field that must also take into consideration public construction and planning law, emission control law, real estate agent law, laws on neighbourly relations and also tax law (in particular real estate transfer tax, operational split and transactions by property-owning corporations).We provide advice and draft contracts for owners, landlords, clients, architects and planners as well as for buyers, tenants, construction companies and neighbours.
Our service offer
Drafting and Negotiation of Real Estate Contracts
• Drafting and review of property purchase agreements (including residential property and hereditary building law).
• Drafting and negotiation of commercial rental agreements (e.g. offices, retail, doctor’s offices, restaurants and special real estate) and general rental agreements.
• Drafting and negotiation of construction contracts, general contractor and management contractor agreements, architect, engineer, general planner, planner and project management contracts.
Project Support and Legal Quality and Receivables Management
• Transaction support for the purchase and sale of property-owning corporations.
• Legal representation of customers and construction companies in civil law proceedings and independent procedures of taking evidence due to construction defects.
• Enforcement of wage claims by construction companies, rental claims and eviction claims by landlords.
• Legal validity of contracts in rental and construction law (e.g. subsequent additions because of changes in the Bausolls, compensation for subsequent and additional services, change of tenants, rent increases, extension and cancellation of contracts).
Public Construction Law, Urban and Planning Law
• Legal representation of customers in (court) proceedings directed at planning permission (construction approval processes including exemptions, project-specific development plans, defense against “prevention planning”).
• Review and negotiation of urban development contracts (especially implementation and development contracts in connection with the planning permission).
• Public law on neighbourly relations (defense of construction permits, emission protection, spacing, encumbrances.
Your contact
Dr. Philipp Herrmann
P: (Personal Assistant) +49(40) 413 05 38-21
E: herrmann@heissner-struck.de
Management of problematic tay issues
Dispute of a property-owning private company as part of the division of real estate property, in which withdrawing shareholders were allocated residential property in sole ownership. Unsuccessful contestation of a fiscal authority decision on real estate transfer tax due to a refusal of tax exemption per Section 7 (2) of the German real estate transfer tax code (GrEStG), but successful recourse against the company’s tax consultant because the incurrence of the real estate transfer tax could have been prevented if properly planned.
Legal advise during the life cycle of a real estate
Advice to customers on the construction of high-end logistics real estate with subsequent follow-up and enforcement of claims against general contractors and subcontractors due to quality defects. Negotiation and conclusion of long-term rental agreements with transport and warehouse companies as well as legal support during the selling process of property-owning companies to holders of large real estate portfolios such as life insurance companies and investment funds.