Key Focus Areas
- —Real estate acquisition and due diligence
- —Building permit procedures
- —Project contracts and general contractor agreements
- —Financing agreements
- —Condominium purchase agreements
- —Cross-border project development DE-LU
- —Development plan procedures (Bebauungsplan)
- —Project companies and structuring
Real Estate Acquisition: What Must Be Examined Prior to the Notarization Appointment
A real estate purchase is not a routine transaction. Contaminated sites (Altlasten), public-law restrictions (Baulasten), easements (Dienstbarkeiten), pending building permit procedures, and municipal pre-emption rights can all significantly impact the value of a property. We conduct legal due diligence, examine the land register (Grundbuch) and the directory of public-law restrictions (Baulastenverzeichnis), and accompany the negotiation of purchase agreements.
- —Legal due diligence for real estate acquisitions
- —Land register examination and directory of public-law restrictions (Baulastenverzeichnis)
- —Contaminated sites (Altlasten) and environmental law
- —Pre-emption rights and approval requirements
- —Purchase agreement drafting and notarization appointment
Building Permit Procedures: Navigating Authorities More Efficiently
Building permit procedures in Rhineland-Palatinate take time. Sometimes too long. We accompany permit procedures, coordinate communication with authorities, and file appeals if a permit is wrongfully denied. In the event of neighbor objections (Nachbareinwendungen), we represent you in administrative appeal and litigation proceedings.
- —Building permit procedures and preliminary inquiries
- —Development plan procedures and amendments
- —Appeals against permit refusals
- —Defense against neighbor objections (Nachbareinwendungen)
- —Monument protection (Denkmalschutz) and exemptions
Project Contracts: What Is Written in the Contract Applies
General contractor agreements, architect contracts, project management contracts – in major projects, contract volumes quickly sum up to several million euros. Errors in contract drafting incur costs accordingly. We review and draft project contracts, negotiate risk allocations and liability clauses, and represent you in disputes.
- —General contractor agreements (GU-Verträge)
- —Architect and engineer contracts
- —Project management contracts
- —Property developer agreements (Bauträgerverträge) and purchase agreements
- —Financing agreements with banks
Cross-Border Project Development DE-LU
The real estate market in Luxembourg is one of the most expensive in Europe. Many developers from the greater region are active on both sides of the border. This requires knowledge of Luxembourg construction law, Luxembourg corporate law, and cross-border tax law. We advise on projects in Germany and Luxembourg and coordinate legal support in both countries.
- —Luxembourg construction law and permit procedures
- —Project companies in Luxembourg
- —Cross-border financing structures
- —Tax optimization of cross-border projects
Frequently asked questions
What is a public-law restriction (Baulast)?
A Baulast is a public-law obligation that encumbers a property and is entered in the directory of public-law restrictions (Baulastenverzeichnis). Common public-law restrictions include distance-area restrictions (Abstandsflächenbaulast), access and utility easements (Erschließungsbaulast), and merger restrictions (Vereinigungsbaulast). Public-law restrictions are not entered in the land register and are frequently overlooked during land register reviews. We always examine the directory of public-law restrictions separately.
What is a development plan (Bebauungsplan) and how can it be amended?
A development plan determines what may be built on a property. It can be amended, but this is a formal procedure that can take months to years. We accompany development plan procedures and represent developers seeking a plan amendment.
What is a property developer agreement (Bauträgervertrag)?
A property developer agreement (Bauträgervertrag) is an agreement in which the property developer (Bauträger) both transfers ownership of the land and constructs the building. It must be notarized. The Real Estate Agent and Commercial Developer Ordinance (Makler- und Bauträgerverordnung – MaBV) regulates when and in what amounts installment payments may be demanded. We review property developer agreements for buyers and advise developers on contract drafting.
How is a real estate project optimized for tax purposes?
This depends on the structure. Sole proprietorship, GmbH, GmbH & Co. KG, holding structure – each form has tax consequences regarding construction, sale, and ongoing taxation. In cooperation with our tax advisors, we advise you and develop structures that are tax-efficient and legally secure.
Initial assessment
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