Building Law

In Germany, construction law is divided into two very different areas:
On the one hand in private building law; This is about the (contractual) relationships between private individuals. On the other hand, there is public building law, which primarily deals with the question of whether a builder is allowed to build at all and concerns the legal relationship between private individuals and the state.

Private Building Law

We advise and represent both builders and contractors in all matters relating to construction work, warranty for defects and remuneration, for example:

  • VOB/B and general terms and conditions in the building contract
  • Supplements
  • Price adjustment request
  • Acceptance/acceptance report
  • Warranty for defects / reduction / compensation
  • Right to advance payments
  • Disruptions to the construction process/disability notice and assertion of disability damage
  • Contractual deductions from wages (e.g. discount; construction site electricity; construction insurance, etc.)
  • Statute of limitations on wage claims
  • Final Payment Statement
  • Registration of a reservation against the final payment
  • Security deposits
  • Right of termination and settlement of the terminated contract
  • Insolvency of the contractual partner
  • Property law/neighbor law (e.g. superstructure, right of way)

Public Building Law

Public building law regulates the use of land. In Germany, you basically need a building permit, i.e. a building permit, from the responsible building control office before you can start building. Many builders do not know that this not only applies to the construction of a structure, but also to changes in the same and changes in use. According to the individual state building regulations, embankments and excavations also represent a structural system.

We advise and represent builders, property owners, project developers, builders and construction companies both in official proceedings and in court in questions of building planning and building regulation law, for example:

  • Projects requiring approval (m.a.W.: Is a building permit required?)
  • Approval requirements for building permits/preliminary building permits
  • Objection from a neighbor against a building permit/preliminary building permit
  • Objection to a building permit/preliminary building permit issued by a neighbor
  • Defense against official orders (stop of construction, demolition, dismantling, prohibition of use)
  • Threat of official enforcement
  • Control of development plans
  • Security instruments of land use planning (deferral of a building application, blocking of changes)
  • Official liability and compensation law (e.g. unlawful rejection of the building application)

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