Property developer law

Property developer contract | Real estate agent and property developer ordinance | Scope of services, special requests and payment obligations | Defect rights

The property development contract has the special feature that, in addition to the construction of the building, the property developer also owes the land.

Breyer Rechtsanwälte has been passionately representing both property developers and buyers in this special contract law not only since the new introduction of Section 650 u BGB on January 1, 2018, with which the legislator included the property development contract as an independent contract in the BGB for the first time.

Services

Legal support for property developer construction projects - project planning phase

With our wealth of experience, we advise property developers from the initial project planning stage on the design of the building and service specifications, implementation of the Energy Saving Ordinance and achieving the accessibility required by state building law. We are already involved in the procurement of land, for example as part of our expertise on urban development contracts with local authorities, legal issues relating to the development of the building plot or its subdivision.

Or, for example, on the question of what the property developer has to consider with regard to the state of construction technology when drafting his contracts with the end customer and the building tradesmen. But also when drawing up the declarations of division and the certificate of completion.

Legal advice during the construction phase and vis-à-vis buyers

In addition to the contractual design of the property development contract with the end customer, we support property developers in the implementation of their construction project. For example, in the review or drafting of building contracts with tradesmen, or the drafting of contracts with architects and specialist engineers. Our range of services also includes legal construction support with the appropriate experience and sensitivity.

For example, there are many individual questions as to how the property developer should deal with the new right of the client to issue instructions introduced in accordance with Section 650b of the German Civil Code (BGB), how best to prepare for the acceptance of special and/or common property. Householder rights on the construction site, or customer claims for the “rectification of defects” while the construction project is still underway and much more.

Advice on the acquisition and processing of property developer purchases

We can give buyers of a developer's property valuable tips even before signing or during contract negotiations on a developer's purchase agreement.

Or support them in the event of problems arising during the implementation of the construction project. For example, property developers often demand full payment of all purchase price installments, even though the construction project has not yet been completed, as a condition for handing over the keys. What scope must individual performance steps have reached before a further installment claim can be made and much more?