3 Juni 2022
Section 34 BauGB: development within a built-up area
Where no qualifying binding development plan governs the issue, section 34 BauGB can be central to development within an established built-up area.
Read articleKNOWLEDGE FOR YOUR PROJECT
Insights & archive
Current developments and earlier guidance on German and European construction law. Browse individual articles by subject or search for a practical issue.
9 Mai 2022
Unusual building designs and the section 34 planning test
An unusual design still needs to satisfy the applicable planning requirements. A proposed protective use does not itself displace those tests.
Read article12 April 2022
Construction contracts: when form and documentation matter
Some construction agreements can arise without a traditional signed contract, but relying on informal instructions creates avoidable uncertainty.
Read article30 März 2022
Defective workmanship: how to make a useful complaint
A useful defect notice identifies the problem, the affected work and the response requested. It also helps preserve evidence for the next step.
Read article11 Januar 2022
Public and private construction law: why the distinction matters
One building problem can require more than one legal response. Permission to build and a right to payment answer different questions.
Read article29 November 2021
Warnings about unsuitable work: why a clear notice matters
A contractor’s warning should explain the technical concern and its likely consequences. A generic reservation is much less useful than a specific, timely communication.
Read article30 September 2021
Rectification, damages and the limits of the agreed scope
A defect remedy must be matched to the contractor’s promised work and the technical cause of the problem.
Read article13 September 2021
Proving construction damage: records the court can use
A damages claim needs a factual basis for both responsibility and amount. A large bundle of invoices does not necessarily explain what loss the alleged breach caused.
Read article16 März 2021
Real estate due diligence: construction questions before acquisition
A property acquisition should test the assumptions on which the proposed building project depends.
Read article9 März 2021
Neighbour law: permission, access and physical impacts
Neighbour issues should be identified before mobilisation. A dispute may concern public-law protection, private rights or both.
Read article9 März 2021
Private construction law: obligations between project participants
Private construction law concerns the promises and claims connecting the employer, contractor and professional team.
Read article22 Januar 2020
Fremoluc: EU fundamental freedoms and a domestic land dispute
The Court of Justice’s judgment of 20 September 2018 in C-343/17 concerned the admissibility of a reference arising from a Belgian land pre-emption dispute.
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