Public construction law
Building planning law | Building regulations law | Public law contracts
Breyer Rechtsanwälte also specializes in the creation, enforcement and maintenance of building law. Building planning law must be complied with for all facilities relevant to planning law and generally controls land use. State-specific building regulation law is primarily aimed at averting danger in connection with construction measures and regulates the requirements for the quality of construction facilities for the aforementioned purpose. Public building law is therefore the linchpin for the realization of all building projects, including issues relating to exceptions and exemptions from building law requirements and building projects that do not require approval by way of exception.
Services
Building permit process
- Legal inventory (inspection of building file, inspection of ACTUAL/SOLL condition, etc.)
- Advice on public law requirements to be complied with in (simplified) building permit procedures
- Plausibility check of building application documents
- Examination and impact of exceptions and exemptions
- Plausibility check for freedom from approval of construction projects
- Support in obtaining expert opinions of all kinds in connection with building planning and building regulation issues (statics, fire protection, nature conservation, immissions/emissions, etc.)
Questions about grandfathering
- Legal inventory (inspection of building file, inspection of ACTUAL/SOLL condition, etc.)
- Checking the scope/limitations of grandfathering
- Advice on loss of grandfathering
- Advice and representation in the event of sanctions
Interventions under building regulations (building cessation order, prohibition of use, demolition order, expropriation, immediate enforcement)
- Implementation of opposition proceedings
- Obtaining interim legal protection / temporary injunctions
- Nationwide representation in legal proceedings before administrative and higher administrative courts
Planning approval procedures, land use plans and development plans
- Legal inventory and legal project management
- Drafting of implementation agreements
- Advice on all related issues, such as development, cost bearing, social building obligations, compensation measures, etc.
- Support, contract drafting and negotiation of necessary property acquisitions, including legal due diligence in public construction law and real estate law
contracts under public law
- Urban development contracts
- Planning and cost contribution agreements / examination of cost calculations for urban land use planning in accordance with HOAI
- Development contracts / examination of legality of development costs
- Implementation agreements for project-related development plans
- Cooperation agreements between legal entities under public law
Administrative law disputes with authorities and courts
- Implementation of opposition proceedings
- Obtaining interim legal protection / temporary injunctions
- Nationwide representation in legal proceedings before administrative and higher administrative courts
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