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Real estate due diligence: construction questions before acquisition

Published 16 März 2021 · Updated 12 November 2026

real estate acquisition law · real estate law
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A property acquisition should test the assumptions on which the proposed building project depends.

Archive article, reviewed and updated on 12 November 2026. The original publication date is retained.

Check the legal development position

Review ownership and rights, permissions, public-law restrictions and the intended use. Identify which records are missing and whether the purchase agreement should depend on a particular approval or further investigation.

Connect findings with the transaction

A legal issue may require a condition, price adjustment, warranty or practical redesign. Coordinate with technical and environmental advisers so that unresolved assumptions are not hidden in a general statement that the site is suitable.

Four practical examples

Illustrative scenarios: the appropriate steps depend on the contract, evidence and applicable law. These are not reports of client matters.

A future access road

Confirm the rights and delivery obligations needed for it.

A permit for a different use

Assess whether the intended operation requires a new approval.

An old industrial site

Coordinate environmental findings with contractual risk allocation.

A construction obligation

Check its scope, timing and relationship to the purchase formalities.

Further guidance

Legal framework & further reading

Reviewed: 12 November 2026. Statutory references are to German law unless stated otherwise.

Topics: property developer · property law · real estate law