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Building law

In the field of construction law, we regularly deal with a large number of different case constellations. Therefore, building law does not only include the classic case of a new building project.

Building law, of course, first of all includes the construction of a single-family house or an apartment building or a commercial building on an already existing property of one’s own. If the building owner receives all services from one source, the contractor is a so-called “general contractor”. This is usually the case with prefabricated house manufacturers, for example. However, it is also conceivable to commission various companies, if necessary with the support of an architect.

If, on the other hand, one acquires a property that is yet to be built (condominium or owner-occupied house) and the property is still owned by the contractor, this is a so-called property development contract.

Apart from these classic cases, however, smaller contracts with a crafts company also fall within the scope of building law. This applies to the tiler as well as the heating installer or the window fitter.

Even if many building projects can be successfully completed without a dispute between the parties, there are of course also situations in which no agreement is possible or makes sense. If, for example, the building contractor does not receive payment from the owner or if the building contractor has caused defects but refuses to remedy them, we will be happy to assist you in solving your problem, if necessary also in court proceedings.

In addition, we are also happy to support you if you want to purchase an existing property (for example, by advising you on the contract) as well as if you have already purchased a property and difficulties arise, for example, that the cellar is damp and this was not disclosed to you.

Both when building a new property and when acquiring an existing property, difficulties can also arise that are independent of the contracting parties, as building projects regularly also affect the neighbours, for example through noise pollution or building dirt. In addition, a dispute may arise, for example, over a superstructure.  It is also conceivable that it may be necessary to use the neighbour’s property in the course of the construction work (e.g. heavy equipment can only be driven over the neighbour’s property) or that the neighbour’s building may be damaged in the course of the construction work.

All these case constellations can be summarised under private (civil) construction law. Our team of specialised lawyers and lawyers specialising in building and architects’ law has extensive experience in representing clients (builders), contractors (e.g. construction companies) and architects/engineers (see also the category Architects’ Law).

Public building law must be distinguished from private building law. As the name suggests, public building law deals with all issues that can arise in connection with public authorities. The classic case is, of course, planning permission. If, for example, you are refused the building permit you applied for or if, for example, your neighbour obtains a building permit which you consider to be unlawful and against which you would like to take action, we will be happy to support you. In addition, we can help you in all other areas where you are in contact with the authorities, for example, if you receive conditions from an authority in connection with your property or building project. We support you in the approval procedure, in which, in addition to building regulations, questions may also arise regarding planning law, monument law or nature conservation law. The building permit procedure may not only be aimed at obtaining a permit for a new building but also, in particular, a change of use. The creation of building law may also require the preparation of a development plan. We also accompany these procedures on the part of the authorities and municipalities involved as well as the building owners and investors. Our work also includes the drafting of urban development contracts aimed at the realisation of building projects.

In public building law, we advise and represent neighbours who wish to oppose a building project. To this end, we also conduct proceedings before the administrative courts. In addition to the building permit itself, the subject of these proceedings can also be development plans in particular.

In the area of public building law, you are welcome to contact our lawyer and specialist lawyer for administrative law Dr. Schidlowski. He has extensive experience in accompanying approval and planning procedures as well as in representing you in court. During the realisation of your project, he will be happy to support you in questions of legal project management.