German Real Estate Law

Our attorneys are experts in real estate law. We advise on real estate transactions, in contractual design of purchase / usage / projects agreements, we legally support you in the financing of a transaction, in the project development and in the use of a property (tenancy law / tenancy agreements).
In addition to our expertise in real property law, we also provide an outstanding technical insight.

Real estate law / land law essentially comprises a sub-area of ​​civil law, namely the right of land and land equivalent, as it has been standardized in the provisions of §§ 873 – 902 BGB.

In case of purchase of property agreements, we work with notaries ´offices in Hanover, Lower Saxony and worldwide.

Real Estate Attorneys

Our real estate attorneys offer a specialized entitlement to their activities in real estate law; they can professionally clarify all your related questions. We are able to assist you in any situation that regards real estate law.

We do not only represent owners, projectors, brokers or landlords: we also know the essential features of tenancy law.

Therefore, we can work on all those cases regarding construction law and real estate law in such a profound way that the added value you have created in connection with your property will meet your goals.

With our experts, we also advise property managers or service providers, property developers or real estate developers.

From a legal point of view, our real estate practice covers the following areas:

  • Contract agreement;
  • Private tenancy law
  • Commercial tenancy law
  • Residential property law
  • Brokerage
  • Brokerage right
  • Construction law
  • Architectural Law
  • Development law
  • Real estate law
  • Real estate administration law
  • Real estate acquisition law
  • Property law
  • Real estate tax law

German Architectural Law

The architectural law determines rights and obligations of the architect to his client and to third parties. Architectural Law is still missing a uniform and integrated Architect´s Act; the individual provisions that regard this area of Law are contained in various laws and legal acts. Furthermore, the majority of details that regards architectural law are shaped by individual cases ‘judgments.

The design of an architectural contract is primarily based on the Civil Code (BGB). The fees are based on the Honorarium Code for architects and engineers (HOAI). The professional rights are governed primarily by the architects ‘laws of the regions (so-called Länder in Germany) and by the statutes and directives of the Chamber of Architects.

Architects Contractual Law

When assessing, or creating a typical architectural contract, an exact comparison of the construction and planning task is necessary. A professional, individual case-oriented contract arrangement permit to avoid any later dispute over the performance of an architect or over possible fee issues related to the honorarium code for architects and engineers (HOAI).

Duties of an Architect

The Administration of Justice has imposed on the architect a wide range of clarification responsibilities, information´s obligations, reference requirements and consulting services ‘obligations. On the other hand, the bear liability of an architect is generally not regarding technical mistakes of manufacturers or companies and subcontractors.

Our activities in architectural law

We advise and represent medium-sized and large architects and engineers as well as public and private clients in issues concerning architectural and engineering´s law. At the same time, we are constantly involved in architectural and engineering´s contract´s arrangements; we also observe the various design possibilities that the public pricing law of the honorarium code for architects and engineers has to offer (HOAI). We are dedicated trial lawyers; we ensure a problem-solving approach and a solution oriented representation in the construction supervision. We certainly also advise and represent builders, construction companies, craft businesses, project planners and so on.

  • Creation and examination of architectural and engineering contracts
  • Project control contract according to DVP model
  • Pre-contractual information and consultation obligations
  • International engineering and construction contracts following the FIDIC regulations
  • Compensation policies for special benefits, extension of the contract, contractual change of the agreed services and repetition of services
  • Definition of the performance penalty to limit the risk of liability, fee agreements and the avoidance of supplementary costs of construction companies (acceptance of architectural works, premature termination of the contract, partial acceptance, liability of architects, right of subsequent performance of architects, lack of facts, secondary defect-related rights, liability of the construction supervision, construction costs breach, construction costs warranty, cost range, costs ceiling, limitation period caused by deficiency claims , termination of a contract for important personal reasons, limitation of liability and Terms and Conditions, safeguard of architects ‘claims, security mortgage, security of construction’s manufacturer following the German § 648a BGB, laws regarding the safeguard of a building capital, general planners contracts.
  • Accompanying the preparation of the auditable financial statements
  • Extra judicial and judicial enforcement of fee claims
  • Extra judicial and judicial enforcement of copyright claims
  • Defense of liability claims
  • Proceedings management and support within an independent procedure for taking of evidence
  • Requirements enforcement and demand, process management and execution
  • Checking and processing of the liability claims in insurance policy conditions of architects and engineers.

 

Further topics of Architectural Law:

  • Termination of the architects´agreements
  • Architects´ professional fees
  • Professional Code of Architects
  • Freelancer as an architect
  • Corporate contract for architects in GbR / Partnership / GmbH
  • Architect´s liability
  • Architect´s services
  • Design drafters for building services
  • Chamber of Architects.