In 2021, 152,000 building permits were issued in Germany, whether for private homes, factories, or public buildings. Even though the construction boom itself is gradually slowing, a large number of buildings are still under construction.
Private construction law regulates the legal relationships between the client (also incorrectly referred to as the developer) on the one hand and the contractors, which include architects, building contractors, and tradespeople, on the other. In contrast to public construction law, the parties are free to determine their contractual arrangements. The standards governing work contracts of the German Civil Code (BGB) form the legal basis. In addition, the German Construction Contract Procedures (VOB) are often included in the contract. The client is obligated to accept the completed structure. The structure should then be comprehensively inspected by an architect or construction expert to determine its quality and any defects (due diligence). If the structure is defective, i.e., does not comply with the contractual agreements, the client has special warranty rights. To do so, the client must notify the contractor of the defects or submit a notice of defects in accordance with the VOB. It is important that the defects are adequately documented. The contractor then has the option of rectifying them. If necessary, claims for damages may also be asserted, especially if delays in the construction of the house have caused additional costs.
Do you have defects in your house? Do you need legally sound financing? Do you have questions about the contract? Don't jeopardize your contractual rights.
In construction and architectural law, legal disputes are settled before the ordinary courts in private construction law, and the administrative courts in public construction law. They are guided by the provisions of the Code of Civil Procedure (ZPO) or the Administrative Court Act (VwGO). As a rule, the first instance of ordinary jurisdiction lies with the local court (AG), but due to the often high value of the dispute in construction projects, the case is often referred directly to the regional court (LG). In addition, there are the Higher Regional Court (OLG) and the Federal Court of Justice (BGH) in Karlsruhe. Alternatively, the parties can also resort to the Conciliation and Arbitration Rules for Construction Disputes (SOBau) out of court. In administrative law, proceedings always begin with the Administrative Court (VG). Subsequently, the Higher Administrative Court (OVG) and the Federal Administrative Court (BVG) in Leipzig follow. The local jurisdiction is determined either by the location where the building is to be constructed or by the business address or residence of the parties involved.
Due to the enormous number of standards that must be considered in construction projects, legal difficulties often arise. For example, the Cologne Administrative Court recently ruled that a restaurant cannot be converted into a retail store. Such a change of use requires a building permit, which can be refused if the requirements for the changed use are not met, for example, with regard to the provision of parking spaces. However, according to the Federal Administrative Court, an apartment brothel may be permitted in mixed-use areas under certain conditions. The decisive factor here is whether potential disturbances can be avoided, which is not excluded a priori in the case of discreet use. In another case dealing with fictitious costs for remedying defects, the Federal Court of Justice ruled that hypothetical costs for remedying defects are not reimbursable. This depends on the specific rules of the law of contracts for work and services and thus differs from the law of purchase, where the decisive factor is whether the defects are actually remedied.
I advise and represent you in all aspects of construction and architectural law. Constantly new regulations, reforms, and current case law make construction and architectural law so dynamic and complex. With my advice, you're on the safe side legally. My work for you includes the following services:
Public building law
Construction planning
Advice on building regulations
Building permit
Legal advice during construction
Building regulations
Monument protection
Public interest (conflict)
Procurement law
Private building law
developers
Real estate law
Due Diligence
Notification of defects
Defect documentation
Quality control
Repair of construction defects
financing
Contract design
Architects/Engineers/Construction companies
Support with construction projects
Architects' fee schedule
Contract design
Enforcement of claims
Litigation / Procedure
Breach of contract
Debt collection
Construction conflict management
I will be happy to advise you on these topics in construction law
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