A development transaction combines property rights, planning, construction obligations and commercial assumptions. We review these interfaces so that an acquisition or development agreement reflects what can actually be built and delivered.
Examine more than ownership
A land-register review is essential but does not answer every planning question. Public-law building encumbrances, permissions, contamination, heritage restrictions, access and servicing can affect development potential. The relevant records and enquiries vary by state and municipality.
Distinguish legal access rights from physical access. A road on a plan, an informal neighbour arrangement or an existing utility connection may not secure the rights required for the proposed use.
Connect the transaction to delivery
Conditions precedent, warranties, price adjustments and long-stop dates can address unresolved permissions or site risks. Construction and development obligations need sufficiently precise scope, acceptance and security arrangements. Notarial form requirements must be considered when land and building commitments are linked.
For forward purchases, forward funding and commercial leases, coordinate handover standards, completion dates, remedies and the treatment of defects. A lease milestone should not accidentally promise an outcome that the construction contract does not support.
Allocate residual risk transparently
We identify which findings are deal-critical, which need a price or contractual solution and which require further technical investigation. Specialist tax, valuation and engineering advice should be coordinated with the legal review where required.
Four practical examples
Illustrative scenarios: the appropriate steps depend on the contract, evidence and applicable law. These are not reports of client matters.
An undisclosed building encumbrance
The land register looks clear but a public-law obligation restricts the site. Check the relevant additional records before closing.
A forward purchase
The investor will acquire a completed building. Align the completion specification, inspection rights and remedies with the development programme.
Access through another plot
The project depends on an adjoining owner’s land. Secure the required rights before relying on the route.
An occupied refurbishment
A landlord plans major works while tenants remain. Coordinate lease rights, access, disruption and the contractor’s programme.
Documents that help us assess your position
Land-register extracts, plans, permits, encumbrance information, surveys, environmental reports, draft transaction documents and existing leases.
Discuss your project or dispute
Tell us where the project is located, who is involved and whether a deadline is approaching. We can then clarify the scope of the proposed engagement and the next steps.
Related construction law services
Legal framework & further reading
Reviewed: 12 November 2026. Statutory references are to German law unless stated otherwise.