Planning law
Planning law in Berlin
Almost no construction projects get done without a long list of permits and often lengthy coordination with the relevant authorities. We represent developers and individuals who live near to construction projects throughout the entire planning permission process and assert their rights before the administrative courts – land-use plans, town planning contract law, planning permission processes, urban conservation, consolidation, alternative forms of living, misappropriation of public land and heritage protection, we offer comprehensive advice and representation on all of these matters.
Land-use plans and tools for safeguarding land-use planning
With a land-use plan, the local authority exercises its planning autonomy and enacts a legally binding policy regarding the rules of urban planning and the development of a part of the local area. Land owners should exercise their rights during the preparation process and carefully assess what impact a future land-use plan could have on the use and development potential of their land. That’s why we support you during the preparation process with formulating objections and better enforcing your concerns during the authority’s deliberation process. We can also represent you in the judicial review process (S. 47 (1) VwGO (German Code of Administrative Court Procedure)) before the Higher Administrative Court and advise you on how to properly deal with tools for safeguarding land-use planning and development freezes (S. 14 et seqq. BauGB (Federal Building Code)).
Planning permission process and building regulations
When planning a building or change of use, it is important to play it safe and seek legal advice beforehand. We can check in detail whether your development project is permitted pursuant to S. 30 et seqq. BauGB with regards to the type and extent of use of the building and advise you on the conditions for exceptions and exemptions pursuant to S. 31 BauGB. We’ll take care of the legal part of applying for planning permission and secure partial building permits and preliminary building permits for you.
We’ll defend you against supervisory measures such as prohibition of use or a removal order against your building or use. We can also provide comprehensive advice on the issues of formal illegality (so-called Schwarzbau) and grandfathering.
Building law for neighbours and special building law
Equally, if you live next to or near a construction site, we can help you enforce an intervention by the building supervisory authorities against an unauthorised development or use in your local area or to contest an unlawful planning permit obtained by your neighbour.
It is also often necessary to seek legal advice if your development project involves a listed building. In particular, any alteration, repair or re-purposing of listed buildings requires a separate permit. Special regulations also apply to the re-purposing of living space covered by an order on prohibition of misappropriation of public land or renovation and refurbishment works in a so-called urban conservation area (S. 172 BauGB).
Our references:
Representing developers, residential projects, HOAs and citizens’ initiatives, preparing legal opinions
YOUR PARTNER FOR planning law IN BERLIN
RA Antonio Leonhardt
Do you need legal advice?
Contact us
- 030 512 90 79