Construction and Real Estate Lawyer in Germany


Legal Solutions Made in Germany

Schlun & Elseven Rechtsanwälte PartG is an international law firm active all over Germany. As a full-service firm we can offer comprehensive legal advice from one source. Get to know us, our services and covered industries today.

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About
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Straightforward Legal Advice in German Construction and Real Estate Projects

Let the lawyers at Schlun & Elseven Rechtsanwälte 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 excellent legal service to successfully tackle all possible challenges and disputes that may arise in order to successfully realize a project in this field, while ensuring that it is both resource-efficient and economically sound.

Many challenges can and do arise in the construction industry 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 also provide legal advice regarding 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. Contact us today to provide yourself with excellent legal assistance throughout your construction or real estate project.

Our Services in Construction and Real Estate Law

The broad portfolio of our legal team ensures that we are able to provide you with a wide range of services. 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. Our offices are located in Aachen, Cologne and Düsseldorf and we advise throughout Germany, using our conference rooms in Berlin, Hamburg, Munich, Stuttgart and Frankfurt.

  • Acquisition of property, business and living space
  • Compliance with environmental regulations
  • Contract law for work, employment and sale
  • Damage regulation
  • Drafting of contracts for private property rental
  • Employment law advice
  • Financial management
  • Intellectual property advice
  • Insurance coverage disputes
  • Judicial enforcement of claims regarding to  rental contracts
  • Licence applications
  • Obtaining construction permits
  • Procurement law
  • Registration in land register

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” provides further advice on purchasing real estate from outside of Germany.

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. Legal interactions involve regulation on local, regional and federal levels which illustrates the inherent complexity of such purchases.  Our lawyers are experienced 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.

Our law firm provides comprehensive support to  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 can provide you with bilingual contracts to ensure that nothing gets lost in translation.

Financing your Real Estate Project

At Schlun & Elseven our lawyers are experienced negotiators and they support our clients in their negotiations with banks and other lenders in Germany. Due to our years of working alongside such financial institutions we provide the know-how needed to get you closer to your goal. Once the negotiations are in progress, our lawyers can oversee the careful drafting and thorough review of contractual agreements made between the parties. Our lawyers regularly draft real estate purchase agreements for our corporate and private clients.

Transfer of Real Estate Ownership

The lawyers at Schlun & Elseven work alongside both buyers and sellers in the German real estate market. We represent corporate clients in the purchase and sale of properties and in particular the purchase and sale of residential buildings, offices and administrative buildings as well as with industrial sites and a variety of complexes. For the purchase and sale of such buildings, our lawyers perform due diligence on behalf of our clients in order to ensure that the transaction is one which they should enter. Our lawyers will examine the claims of the other party to ensure that everything is above-board and that the transaction is carried out as smoothly as possible. By nature, real estate transactions are complex with a variety of legal aspects which must be resolved. Working alongside experienced real estate lawyers is of great benefit in such situations.

Legal Disputes: Real Estate Lawyer in Germany

Legal disputes in the world of real estate can arise for a variety of reasons. Our lawyers will be by your side should a case require in-court solutions but will seek to resolve such matters outside of court in the event that it is more efficient to do so. Court cases tend to be time consuming and expensive, however, where it is necessary to decide the matter in court, our lawyers will be there. We provide full legal service in the event of disputes over (alleged) defects, dangerous conditions, fraud, default, non-payment and across the board on instances of contractual breach. Should you be in the process of seeking damages for defects or for any other reason relating to real estate issues, make sure to contact our lawyers directly using the contact form below this article.

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.

 

Schlun & Elseven Logo

Practice Group for German Construction & Real Estate Law

Aykut Elseven Lawyer

Dr. Tim Schlun
Lawyer

Daniel Schewior Lawyer

Dr. Richard Nouvertné
Lawyer

Lawyer Florian Reisser

Florian Reisser
Lawyer

Jens Schmidt Lawyer

Jens Schmidt
Lawyer

Contact our Practice Group for German Construction and Real Estate Law

Contact a lawyer for German Construction and Real Estate Law

Please use the form on the right to inform us about your concerns regarding construction and real estate 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.

Describe the subject of your request in as few words as possible.


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Locations & Contact


Office Hours

Mon. – Fr:
09:00 – 19:00 o’clock
24h Contact:
+49 211 882 84196
E-Mail: info@se-legal.de

Appointments only after
telephone arrangement.

Aachen

Schlun & Elseven Rechtsanwälte PartG
Von-Coels-Straße 214
52080 Aachen (Eilendorf)
Tel: +49 241 4757140
Fax: 0241 47571469

Cologne

Schlun & Elseven Rechtsanwälte PartG
Kyffhäuserstr. 45
50674 Köln
Tel: +49 221 93295960
Fax: 0221 932959669

Düsseldorf

Schlun & Elseven Rechtsanwälte PartG
Königsallee 60F
40212 Düsseldorf
Tel: +49 211 882 84196
Fax: 0221 932959669

Conference Rooms

Munich 80339
Theresienhöhe 28

Hamburg 20354
Neuer Wall 63

Berlin 10785
Potsdamer Platz 10

Stuttgart 70174
Friedrichstraße 15

Frankfurt 60314
Hanauer Landstrasse 291 B