Building law lawyer: Competent legal advice in building law

Building law lawyer: Building law is a complex area of law that deals with the planning, construction, utilisation and removal of buildings. An experienced construction law lawyer can help you protect your interests, avoid legal stumbling blocks and represent you competently in the event of a legal dispute.

In this blog post, you will learn all about construction law and how a competent lawyer can help you.

Table of contents

• Basics of construction law
• Private building law
• Public building law
• The role of a construction law lawyer
• FAQ: Frequently asked questions about construction law
• Conclusion: Why a construction law lawyer is important

Building law lawyer – basics of building law

Construction law is part of civil law and is divided into two main areas: private construction law and public construction law. Both areas are closely linked and can play a central role in construction projects.

The legal basis of building law

Building law is based on various laws and regulations. The most important of these include

• Civil Code (BGB)
• Building Code (BauGB)
• Building regulations of the federal states
• Ordinance on the principles for the granting of building permits (BauGV)
• Ordinance on the structural use of land (Building Utilisation Ordinance – BauNVO)
• Ordinance on spatial planning in the country (LRO)

These laws and ordinances regulate, among other things, the permissibility of building projects, the handling of building applications and building permits, the structural use of land, spatial planning and compliance with building regulations.

Private building law

Private construction law covers the legal relationships between the parties involved in construction, such as clients, architects, engineers, construction companies and tradespeople. In particular, this includes contracts, liability issues, warranty claims and remuneration issues.

Construction law lawyer checks important contracts in private construction law

Various contracts play a central role in private construction law:

• Construction contract: Contract between the client and construction company that regulates the construction of the building
• Architect contract: Contract between the client and architect that governs the architect’s planning and supervision services
• Engineering contract: Contract between client and engineer that regulates the technical planning and supervision
• Works contract: Contract between client and craftsman that regulates the execution of certain construction services

An experienced construction law lawyer can help you draft these contracts and ensure that your interests are protected.

Liability issues and warranty claims

The liability of the parties involved in construction plays an important role in private construction law. This can result in warranty claims and claims for damages, particularly in the event of defects in the building. A construction law lawyer can help you to enforce your claims and minimise liability risks.

Public building law

Public building law deals with the regulations relating to government action in relation to the construction, utilisation and removal of buildings. This includes, in particular, building planning law and building regulations law.

Building planning law

Building planning law regulates the permissibility of building projects and determines which uses are permitted on a property. This includes in particular

• Area utilisation plans (FNP)
• Development plans (B plans)
• Building permits
• Building procedures (e.g. building permit procedure, building notification procedure)

A building law lawyer can help you check the legal requirements for your building project and obtain the necessary authorisations if required.

Building regulations law

Building regulations law covers the regulations that relate to the construction, modification, utilisation and removal of buildings. These include in particular

• Building regulations (e.g. spacing, stability, fire protection)
• Construction supervision and building inspections
• Neighbourhood law issues

A building law lawyer can help you ensure compliance with building regulations and, if necessary, conduct objection or legal proceedings against official measures.

Building law lawyer: tasks and services

An experienced construction law lawyer can offer you valuable support in many areas of construction law. These include in particular

• Advice on the drafting and review of contracts in private construction law
• Representation in negotiations and disputes with construction companies, architects, engineers and tradespeople
• Enforcement of warranty claims and claims for damages in the event of construction defects
• Examination of the legal planning requirements for your construction project
• Advice and representation in obtaining building permits
• Assistance with building supervision and building inspections
• Representation in objection and appeal proceedings against official measures
• Advice and representation in neighbour disputes

A competent building law lawyer has comprehensive knowledge of the laws and regulations relating to building law, as well as current case law and court judgements. They can help you protect your interests and avoid legal stumbling blocks.

Building law lawyer: frequently asked questions

In this section you will find answers to frequently asked questions about construction law.

How do I find a competent construction law lawyer?

A competent construction law lawyer has extensive knowledge of construction law and has experience in advising and representing clients in construction law matters. Recommendations from friends, family or colleagues can be helpful in your search. Online research and reviews can also help you choose a suitable lawyer. Make sure that the lawyer specialises in construction law and has a track record of success in similar cases.

When should I consult a construction law lawyer?

It is advisable to consult a construction law lawyer as early as the planning phase of a construction project. This way, legal stumbling blocks can be avoided right from the start and the course can be set for a successful construction process. Legal advice and representation is also advisable if problems or disputes arise during the construction project.

What does a construction law lawyer cost?

The costs for a construction law lawyer can vary depending on the scope of the advice and representation. As a rule, the fees are based on the statutory scale of fees for lawyers (RVG). An individual fee agreement can also be made for out-of-court advice. It is advisable to clarify the question of costs during the initial consultation with the lawyer.

How long do building law proceedings take?

The duration of building law proceedings depends on various factors, such as the scope and complexity of the case and the workload of the relevant authorities and courts. While some proceedings can be concluded within a few weeks or months, complex cases can take several years. An experienced construction law lawyer will be able to give you a realistic timeframe for your proceedings.

Conclusion: Why a construction law lawyer is important

Construction law is a complex area of law that encompasses both private and public construction law. A competent construction law lawyer can help you protect your interests, avoid legal stumbling blocks and successfully represent you in the event of a legal dispute.

They have comprehensive knowledge of the laws and regulations relating to construction law as well as current case law and court judgements. Early consultation with a construction law lawyer is recommended for construction projects in order to avoid potential problems and disputes from the outset.

Wolfgang Herfurtner | Lawyer | Managing Director | Shareholder

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