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Construction Contract: What shall you know?

Construction Contract: Building your own home inevitably leads to legal issues that many people have to deal with at some point in their lives. For the drafting of the building contract, there are some aspects that should be taken into account. The most important things to know: The building contract sets out in writing all the agreements relating to the building project. The construction contract is governed either by the provisions of the German Civil Code Read more…

By horak Attorneys at law, ago

What’s the English word for…”Baulast”?

The “Baulast” or building encumbrance is an important criterion for builders and buyers when deciding whether to purchase a plot of land. Interested parties who want to build should inform themselves in advance about existing building encumbrances. It is not enough to look at the extract from the land register: building encumbrances are listed in the list of building encumbrances and you should absolutely have a look at it. Building encumbrances restrict property owners in Read more…

By horak Attorneys at law, ago

Building Permit in Germany: Easy Explained

It is common knowledge that you need a building permit if you want to build a home or a bigger building. However, a permit shall be required in Germany for many different kinds of constructions. A permit may also be required if a conversion, extension or expansion is planned. Mere maintenance work, such as repairs or improvements, on the other hand, does not generally require a building permit. Surprisingly, the demolition of an existing building Read more…

By horak Attorneys at law, ago

German Planning Law Standars § 34 BauGB

Are you planning a construction project in Germany and have no idea what all this regulation are all about? If you are new in this country, you may already know that we are passionate about clarifying every step of a construction project with fixing and specific regulations. Nothing is left to the case at least it is already intended to. Did you know for instance that if you are building your home on your property Read more…

By horak Attorneys at law, ago

The Case of a Nuclear Safe Building in Germany: Project rejected

It’s been a couple of weeks now, since the war in Ukraine has started and we all can agree, that we at least once feared for the worst. What’s happening? Is this war menacing Europe? Are we in serious danger? How can we help Ukraine? Can we feel safe in Europe? Some of us where thinking about this eventuality many months ago and here it’s a case of a person that already planned to build Read more…

By horak Attorneys at law, ago

Construction Law Contractual Know-How

Construction Contracts: Things you should know Legally, the construction contract is based on the general rules of the BGB. There is no formal requirement. Oral commissioning (= conclusion of construction contract) is also possible. In an important contract, however, the written form can also be contractually agreed, for example for related supplements, additional orders or contract amendments. Furthermore, the written form is required for: Building contracts with public clients (determined by municipal regulations) and  building contracts in Read more…

By horak Attorneys at law, ago

Craftsman’s botch-up: how to correctly complain in Germany

Let´s say you need your kitchen sinkt to be repaired, or the toilet, the tiles have broken and you need to replace them… who do you call? Of course, a craftsman. We will all agree on that: this is not an easy job and yes, things can go wrong.  Who is liable if the called person make a mistake trying to repair your kitchen, your toilet or the tiles of your bedroom?  When do I Read more…

By horak Attorneys at law, ago

Facts: Public and Private Construction Law in Germany

Did you know that there are two type of construction law in Germany? We generally talk about public and private construction law. Public construction law includes all regulations on the permissibility of building structures. The state has effective power of enforcing the regulations, through for instance: orders/permits or official administrative acts. The decision-making authority responsible for this is the respective administrative court. Special legal foundations of public building law are: the Construction Code (BauGB), Land building regulations, Regional Read more…

By horak Attorneys at law, ago

Verbal indication of concern – is it legally binding?

OLG Brandenburg, judgement of 29.07.2021 – 12 U 230/20 BGB §§ 242, 254; VOB/B § 4 para. 3 According to the BGH (judgement of 10.04.1975 – VII ZR 183/74, NJW 1978, 1217), a verbal “notice of concern” is not suitable to exclude the liability for defects according to § 4 No. 3 VOB/B. The concerns of the contractor shall be communicated in writing so that they thereby receive the necessary importance. If the client ignores Read more…

By horak Attorneys at law, ago

Compensation for damages and construction law: not an easy one

Compensation for damages and construction law: not an easy one Düsseldorf Higher Regional Court; Order from 17.05.2021 23 U 81/20 In 2006, the plaintiff commissioned the defendant to renovate the roof of a winter garden attached to its house, which had been damaged by a storm. However, it could not have been storm Kyrill because, according to the court’s knowledge, it did not pass over NRW until January 2007. The work was carried out in Read more…

By horak Attorneys at law, ago