• National and international real estate transactions
• Real Estate Development
• Real Estate Funds
• Private Construction and the Law governing Architects
• Real Estate-related Public Law
• Commercial Leases
• Law applicable to Real Estate Brokers
• Facility Management
• Public-Private-Partnership in the areas of public construction and traffic infrastructure

Advising on real estate transactions often requires the consideration of complex legal issues in addition to the drafting and negotiation of the necessary agreements. Our specialists will assist you in all aspects, including:

• Real estate contracts, ownership interests, leasing rights, security interests, mortgages and easements
• Risk analyses, real estate due diligence 
• Creation of optimised structures for the acquisition, sale or sale and lease back of real estate, real estate portfolios and real estate holdings 
• Restructuring of real estate assets taking into account tax and corporate law aspects 
• Real estate financing 
• The sale and work-out of distressed debts, non-performing loans and securitisations

Our real estate development services are specifically tailored to encompass all aspects of a development project, including:

• Structure and co-ordination of project developments together with other specialists
• Assessment of the public and private law framework for the project, e.g. in relation to suspected polluted areas; where required, we can also negotiate with municipalities and other interested parties to create the necessary public law framework
• Legal structure of investment and design competitions
• Structure and negotiation of construction and architecture contracts, as well as advice on the planning and construction process
• Drafting user agreements, especially rental and lease agreements, including future facility management aspects

We advise national and international real estate funds:

• Development of tax and corporate law structures 
• Day-to-day advice on commercial law issues, drafting and reviewing prospectuses, etc. 
• Acquisition and sale of real estate in Germany and abroad 
• Optimisation of the construction and design of real estate 
• Administration and structure of real estate holdings 
• Advice on the legal aspects of investments in, and the taxation of, real estate funds and foreign real estate assets 
• Helping clients to ensure compliance with the public disclosure requirements in accordance with the German investment tax law (Investmentsteuergesetz)

We advise on construction, building and civil engineering projects (such as the construction of office blocks, hotels and hospitals), on infrastructure projects (such as the construction of roads, canals and railway lines) as well as on industrial construction projects.

• Building contracts under the German Civil Code (BGB) and regulations on the procurement of construction services (VOB/B), e.g.
  - General contractor agreements, full-service management
  agreements 
  - Architects, engineering and project management contracts 
  - Subcontractor agreements 
  - Consortium and building group agreements 
• Advisory services “on site” during and after construction
  - Day-to-day ad hoc-support
  - Construction progress records and conservation of evidence 
  - Assertion of claims for fees, claims management
• Advisory services in the context of national and international tenders 
• International construction law
  - The “right” kind of construction contract, e.g. FIDIC
  - "On site" legal support in the construction process 
• Integrated technical-legal construction management
  - Technical-legal project management from a single point of contact by engineering companies working together with BEITEN BURKHARDT 
  - Optimization and achievement of synergy effects in large-scale, private and public construction and infrastructure projects
• National and international litigation and arbitration

BEITEN BURKHARDT has extensive experience in all fields of public law applicable to the realisation of real estate or construction projects. Particularly noteworthy in this context is our experience in the following areas:

• Assessment of
  - relevant zoning and building planning law, preservation orders, environmental law
  - financial risks, e.g. arising from building regulations, residual pollution or municipal charges 
• Investment control through procurement, budgetary or price supervision law
• Real estate development, including
  - advice on compliance with building laws, securing site development approval, building permit procedures
  - dispute settlement, negotiation with public authorities, mediation
  - appeal proceedings and administrative court proceedings

We draft and negotiate tailor-made lease agreements for our clients.
Our areas of expertise include:

• Office buildings 
• Large-surface retail
• High-quality retail 
• Special-purpose buildings

Our team of experts in the area of real estate brokerage law specialises in:

• Drafting and negotiating brokerage agreements
• Providing legal advice in connection with commission payments

We have particular expertise in the area of facility management. Our advisory services in this field focus on:

• Real estate management 
• Maintenance and service 
• Operator agreements 
• Performance contracting 
• Centre management

We advise both the public sector as well as private partners in the implementation of public private partnership projects, in particular in the field of public buildings (e.g. administrative buildings, schools, sports facilities) and in the field of infrastructure (e.g. roads, railway lines, ports).
Our advisory services in particular encompass:

• Drafting of the project and contract structure 
• Development of a tax-optimized financing concept 
• Drafting and negotiating all of the contracts
  - Construction and development contracts (general contractor
    agreements, full-service management agreements, GMP contracts,
    etc.)
  - Operating contracts (service contracts, facility management
    contracts, etc.)
  - Financing contracts (estate leasing, municipal forfaiting or non-
    recourse financing of receivables, etc.) 
• Legal support in the procedure, if required including
  Procurement Law support, as well as legal representation
  in procurement review cases and appeals 
• Support in application processes for public law permits 
• Support in implementation stage (on site and follow up
  management, etc.)
  

Last update: 18. April 2008