Cities and municipalities draw up their own land-use and development plans for their areas and thus determine which plots of land may be used, what may be built on them and how they may be used. The land-use plans thus significantly determine the content and limitations of ownership because the extent to which a plot of land may be used largely determines its value. 

We advise numerous cities, municipalities and planning associations throughout Germany when drawing up land-use plans, provide support in determining legally compliant designation options and assist with the necessary public law contracts and preparations for the consideration process. 

To the same extent, we also advise investors and owners who either wish to secure planning rights for a development from the relevant municipality – in the form of a project-related development plan, for example – or who wish to oppose restrictive designation plans.

Specialisation

  • Species protection

    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.

  • Nature conservation law

    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.

  • Emissions control

    Practically all major projects are now subject to complex environmental standards and requirements. Compliance with them is mandatory, which sometimes makes it difficult to realise such projects. The corresponding permits satisfy both the legally standardised environmental concerns and the economic interests of the investor. We have considerable expertise in managing this ever-changing legal matter and dealing with the regulations in the course of the necessary official procedures. In addition, we advise plant operators in the field of emissions trading. We work with associations to actively shape emissions trading law and help to provide feedback on the Greenhouse Gas Emissions Trading Act (TEHG). Our influence on the normative area of this legal field enables us to find efficient solutions that can be quickly put into practice.

  • Conversion

    The conversion of areas formerly used for public purposes – generally old barracks or railway sites – into building land gives municipalities the opportunity to create new residential or commercial areas and even entire districts. The issues that need to be considered and dealt with here are usually highly complex. We have worked on numerous such projects throughout Germany and have a considerable degree of expertise in this area.

  • Planning approval

    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

    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.