After purchasing a property or in the course of carrying out construction work, property owners often receive an unwelcome and unexpected surprise in the form of contaminated sites, harmful soil pollution and fly-tipping. The financial implications are usually considerable, not least because the authorities almost always turn to the property owner in the first instance. Furthermore, pursuant to case law, the owner is liable to pay the costs for the removal of the contamination at least up to the market value of the land. We find economically viable solutions for plant operators, housing associations and individuals who own or manage real estate. Even though it is not always possible to avoid recourse to legal protection in (summary) proceedings, we endeavour to negotiate swift, permanent solutions in the interest of our clients. 

In accordance with all state building regulations, evidence of car and bicycle parking spaces must be provided when undertaking new construction projects or modifying existing buildings. To this end, almost every municipality in Germany has passed its own parking space by-laws, which specify precisely what this obligation to create parking spaces requires. In densely developed city centres where there is a desire to ease the traffic by reducing private transport use, this issue often involves a great deal of work when liaising with the relevant authorities, and we are happy to draw on our expertise to help our clients.

Every construction project must have a secured access route before it can be approved. This is mainly to ensure that the fire brigade can access the site and waste can be disposed of safely. With site developments in particular, access roads usually still have to be built, which in practice is usually done by the developer on a contractual basis (by means of an Erschließungsvertrag, or land development contract). Drawing on our decades of experience in advising clients on site developments of all sizes, we help to conclude such land development contracts and provide support with all related issues.

The protection of biodiversity is a matter of the utmost priority within the legal system. International species protection agreements exist alongside federal and state regulations to ensure that protected species of fauna and flora are not compromised or even endangered. The provisions under species protection law are of huge importance when drawing up plans and making planning decisions, since non-compliance with these provisions almost always results in the failure of a project. We have extensive experience and expertise in dealing with this specific matter – with its high degree of practical relevance – and advise our clients on all planning and project approvals where species protection provisions must be observed.

The conservation of natural resources is a matter of the utmost priority within the legal system and is governed by many different regulatory provisions. Impact mitigation and offsetting regulations, compensation planning and what are known as eco-accounts have considerable practical relevance alongside species protection standards when drawing up plans and working on construction projects, but at the same time the use of these instruments is highly prone to errors. Due to the high value placed on these standards, the infringement of nature conservation regulations can often lead to the failure or legal contestability of projects. We possess extensive experience and expertise in dealing with this matter – with its high degree of practical relevance – and advise our clients on all planning and project approvals where nature conservation provisions play a role.

Major infrastructure projects such as railways, tram systems, airports, roads or power plants are approved by means of a planning approval procedure. This is a very formalised and complex approval process involving extensive public participation. We have worked on numerous such projects with success and have a considerable degree of expertise in this area.

Regional planning is the lower level of state planning at the point where state development planning and municipal land-use planning intersect. Regional planning resolves conflicts involving use of space, sets the regional spatial development targets for the municipalities and integrates municipal development ideas. For the municipalities, the spatial planning targets are binding when drawing up their development plans. Regional planning therefore has to contend with a high potential for conflict. Since any amendment to the regional plan is a time-consuming and lengthy procedure, many projects can only be realised with certain deviations from the set spatial planning targets. We are very familiar with these highly specialised procedural steps and have often worked on such projects and development plan procedures at the point of intersection with regional planning.