Among other things, private construction law governs the legal relationships between private participants in the construction industry and includes those civil law regulations that govern land ownership, neighboring rights and contracts for works contracts and contracts (contracts with craftsmen, architects contracts, construction contracts with contractors, etc .) as well as the neighboring law laws of the federal states. A uniform building code does not exist in Germany. Many building law detailed regulations can be found in the VOB. Although originally conceived for the construction industry of the public sector, the VOB in its parts B (VOB / B) and C is often included in private-law contracts. However, the VOB only has the character of general terms and conditions, which is why its validity must be explicitly agreed by the contracting parties.
Public Building Law
Public construction law refers to the part of public law that relates to construction projects. It is subdivided once again into the building planning law and the building regulations. The building planning law regulates through zoning and development plans whether, what and how high / large may be built. On the other hand, building regulations regulate the requirements for the individual property and its development in detail (traffic-related development, necessary parking spaces, distance areas, traffic safety, fire protection, stability, etc.). The respective procedures (building application procedure, the simplified procedure or knowledge giving procedure) are regulated in the respective state building regulations of the federal states, whereby of course not all building projects are subject to approval or notification.
Our building law legal services include the procurement of building law (including monitoring of planning permission and planning approval procedures, examination of development plans, etc.), the preparation, testing and enforcement of construction contracts (EP, GU, GÜ and GMP contracts), architects , Engineering and project control contracts as well as general legal support and project management of construction projects.
Consumers are confronted with construction law mainly in the construction of a self-used residential property. Legal advice is often required beforehand, because building law is a complex matter because of the interaction of different actors, trades and regulations, and building a dwelling in the citizens’ lives is usually a one-off affair. But even during or after the construction, there may be contractual disputes with the developer, the architect or craftsmen. In order to ensure legal equality of arms here, we are happy to advise you!
Our clients also include architects, engineering firms, general planners, project managers, craftsmen and structural engineers. We support them equally in the design and negotiation of consulting, project management and planning contracts as well as the enforcement of supplementary claims and claims (claim management) and the swift processing of warranty and liability cases. In advising property developers and investors, the focus of our advisory services is on the legally compliant organization of contracts, which comprehensively regulates the legal relationship with all project participants in advance.