German Real Estate & Construction Law

Let Schlun & Elseven Attorneys accompany you on your construction journey. We will be with you every step of the way; from your initial investment considerations, through to the economic use of your property and even, if necessary, to its final sale. At Schlun & Elseven, our aim is to provide you with the necessary guidance you need to successfully tackle all possible legal challenges that may arise in the world of German Real Estate & Construction. To successfully realize a project in this field, while ensuring that it is both resource-efficient and economically sound, depends on confident and timely handling of the wide-ranging realities of German property and construction law.

Many challenges can and do arise in the field of construction due to the volume as well as diversity of construction law in the different states of Germany. At Schlun & Elseven, our team is here to work with you to ensure that the complex regulations relating to German land use ordinance (Baugesetzbuch) and environmental law do not impede the progress of your projects.  Furthermore, we will also provide legal advice when it comes to working with potential business partners to ensure the successful renting, leasing and usage of your property as well as in the acquisition of construction projects.

Real Estate & Construction – German Law Services

The broad portfolio of our legal team ensures that we are able to provide you with a wide range of services. Our broad legal range allows us to use our proficiency in numerous legal spheres such as contract, corporate, procurement and employment law alongside our prowess in German Real Estate & Construction to provide you with comprehensive legal advice. Adjusting that expertise to the necessities of your individual case and requirements, our lawyers are here to assist you get past any legal barrier that may face you and your business.

  • Acquisition of property, business and living space
  • Corresponding registration in land register
  • Licence applications by the building authority
  • Drafting of contracts for private property rental
  • Obtaining permits for construction
  • Real Estate transactions
  • Procurement law
  • Insurance coverage disputes
  • Contract law for work, employment and sale
  • Financial management
  • Compliance with environmental regulations
  • Transactions, employment, tax and intellectual property (IP) issues
  • Judicial enforcement of claims regarding to  rental contracts
  • Damage regulation

Content Overview

Schlun & Elseven Logo

Practice Group for Legal Services in the German Real Estate & Construction Sector

Rechtsanwalt Dr. Tim Schlun

Dr. Tim Schlun

Lawyer Daniel Schewior

Daniel Schewior

Rechtsanwalt Verena Ziemes

Verena Ziemes

Rechtsanwalt Jens Schmidt

Jens Schmidt

Contact our Practice Group for German Real Estate & Construction

Purchasing Real Estate from Abroad

The German market is open to foreign nationals with no legal restrictions based on nationality in place in German law. Every natural person with legal capacity can purchase real estate in Germany. Our page on “Real Estate and Immigration to Germany” outlines this point and provides further advice.

Due to its strong economy, Germany is particularly attractive to investors and those involved in real estate. However, real estate contracts and projects can be difficult to get moving because there are many aspects which need considering and many parties involved in the project. Our lawyers are experieneced when it comes to the realities of working with local authorities, zoning commissions, construction companies etc. We are also familiar with the necessary requirements when it comes to tax issues, environmental protection regulations and contractual requirements.

As a full-service law firm we work with clients from all over the world. We are aware of the challenges facing investors from abroad entering the German market and therefore are able to provide them with the guidance and expertise needed to forge ahead in their projects. We provide our services in English and in other languages to ensure that advice does not get lost in translation.

German Construction Law

Many aspects of German construction law are regulated for under Title 9 “Contract to produce a work and similar contracts” of the German Civil Code (BGB). This title runs from § 631 BGB to § 650 BGB and outlines rights relating to cost estimates, builder’s security, contractual rights as well as the rights of the customer in cases of defects. As well as the BGB, the Procurement and Contract Procedure for Building Works (VOB) is the basis of construction contracts with VOB/B  (General Contract Conditions for Building Works) the most commonly used when drafting contracts for construction projects.

Our service in the field of construction law extends to a wide variety of parties. We often represent clients such as investors, construction companies, project managers and many others. We advise them on the drafting of contracts, the obtaining of necessary permits, in the purchase and sale of property and in compliance with environmental regualtions. Our team works alongside those involved in construction projects of all sizes and purposes. We are keenly aware of the complexities and difficulties associated with such projects and thus, our legal services are specialised for the project we are dealing with.

Once contact has been made with our German construction law team we can start working together to successfully realise your construction requirements in Germany.

Environmental Law and German Construction Law

The protection of the environment is given huge importance in German law. § 20a German Constitution (Grundgesetz) states the following:

“Mindful also of its responsibility towards future generations, the state shall protect the natural foundations of life and animals by legislation and, in accordance with law and justice, by executive and judicial action, all within the framework of the constitutional order.”

Arising from this article there are many laws in Germany relating to environmental protection. As well as that there are many European regulations which will also play a major impact on any construction project launched in Germany. Unlike other legal areas there is no set Umweltgesetzbuch (environmental legal code) but strong protections do exist. Breaching environmental law (when it comes to water pollution, contaminating land, unauthorised use of asbestos etc.) can result in high fines, bad publicity and even (in some cases) imprisonment.

However, these protections of the environment and climate also present opportunities to construction projects. For companies and project leaders who are informed of and aware of these laws, there are grants and supports available from different public bodies if their projects incorporate certain environmental protections while building. Having the right permits in place and making sure that the project follows the requirements set forth by environmental will also help save money in the long run.

Environmental law is a huge element to consider when starting a construction project in Germany. There are many players from local authorities, national bodies to environmental NGOs who have different powers and interests in this field. Having our lawyers available will help reduce risks in this area when it comes to your construction projects.

Coporate Real Estate Services

At Schlun & Elseven Attorneys our comprehensive service means that corporate clients can rely on us to guide them through their major construction projects in Germany – whether they involve a new build or an expansion of current facilities. We can be relied upon to resolve the legal and bureaucratic requirements to ensure that your construction project is carried out as smoothly as possible. Our team will act on your behalf when it comes to dealing with third parties whether that is in potential legal disputes or in matters relating to the management of the project.

Once a project has been completed our law firm can provide further assistance with the letting of the property and with its administration generally. We will also keep you updated for possible opportunities available to you as regards the real estate acquired. On a similar note, we will also be aware of how developments in environmental law and other matters may lead to potential hazards or gains in the future.

Contact a Lawyer for
Legal Services in the German Real Estate & Construction Sector

Please use the form on the right to inform us about your concerns in the field of German Real Estate & Construction Law. After receiving your request, we will make a short preliminary assessment on the basis of the information provided and give you a cost estimation. You are then free to decide whether you want to instruct our lawyers in the area of German Real Estate & Construction.

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