Real estate law

Real estate is in high demand. In many places, the demand for space is greater than the supply, and “easy” spaces to develop are scarce everywhere in Germany, while all the market players find themselves operating in an increasingly regulated environment. Issues relating to environmental protection, social requirements and governance frequently make detailed legal analysis necessary. This applies not only to attracting industrial companies and acquisition of factory or commercial sites. In order to perform public service tasks, increasingly complex legal analyses are required, as is also the case with the development of residential properties. Shortages of raw materials and capacity bottlenecks plaguing planners and contractors make it difficult to execute projects reliably and on schedule.

Anyone who wants to successfully execute projects in this environment needs experienced advisors who have the skillsets to help surmount the many challenges that crop up in every phase of a project. We have in‑​depth knowledge of the market – especially when it comes to supporting complex real estate projects for companies, developers, the public sector and social welfare agencies. For decades our civil and public law experts have been working closely together to assist large industrial enterprises in the acquisition and development as well as conversion of factory sites, so we are intimately acquainted with the legal ins and outs associated with industrial and chemical parks; we also manage large real estate projects in the area of hotels, hospitals, care for the elderly and public sector buildings. We offer you experienced and innovative advisors to make sure that your projects are legally watertight and that they are creatively executed.

Areas of concentration for our legal advice

Land acquisition

• Purchase agreements, heritable building rights agreements, easements, neighbourhood agreements, carve‑​outs and additional covenants and agreements in connection with an acquisition (LOI, SPA, APA, NDA, etc.)

Obtaining building rights

• Drafting of urban development agreements, assistance in the preparation and justification of development plans, advice on building permits and immission control permits

Execution

• Architectural agreements, specialist planning agreements, construction agreements, project management agreements

Usage

• Drafting of commercial tenancy and lease agreements, real estate‑​related service agreements. Supportive legal advice during construction

Financing

• Loan and other financing agreements such as mezzanine, participation as a silent partner, shareholder loan and share purchase. Subsidies, grants, state aid law

Due Diligence

• Setting up of data rooms (“vendor due diligence”) and legal analysis of inventory documents and data rooms (“due diligence”)

Clients

Sectoral areas of concentration

Project developers, investors and operators

• Special real estate such as industrial plants, hotels, hospitals, etc., and nursing homes as well as office, residential and commercial buildings

Industrial enterprises

• Real estate transactions in industrial and chemical parks mainly with immission control and contaminated sites, material supply and waste disposal agreements

Public sector

• Building land models, occupancy rights, special restrictions on divestitures, building obligations, public‑​law/​urban development agreements, procurement law, concept awards, residential indigenisation models (Einheimischenmodelle); business improvement districts

Private investors / family offices

##Churches, religious and social institutions

Credentials¹

All‑​embracing advice

We have experts practicing in all those fields of law that have an influence on the success of your project. Through intensive networking of our real estate team with corporate law, public planning and construction law as well as private planning and construction law, we provide highly specialised support for your projects to cope with any and all legal challenges that may arise.

¹ With regard to our commitment to professional discretion, the list of credentials is restricted to representation cases published by the courts/that are public knowledge (section 43a (2) of BRAO

lawyers in Real estate law