Construction and real estate law

Construction Law and construction litigation

Private Construction Law governs the legal relations between private law parties to a construction projects, in other words, the client (builder-owner), on the one hand, and the other parties involved, e.g. architects, civil engineers, building contractors and all sub-contractors and craftspeople, or the legal relations between them, on the other hand. Our services range from the drafting of the contract before the constructions works commence (calls for tenders, offers, award of contracts) to legal assistance in the course of the construction works (disruptions of the construction works, delays, early termination) and the end of the works (completion of construction works, notices, transfer); they also extend to the statement of costs including securities and issues relating to warranties and claims for compensation in the final instance. Private Construction Law also governs relations with adjacent property owners. Especially this legal subject-matter requires, in addition to the obvious legal experience, also thorough knowledge of the technical and practical construction processes.

Real estate contracts

The term 'real estate' comprises, among other things, developed and undeveloped land, condominium and heritable building rights. Real estate not only consists of ownership, it may also entail other rights and duties, such as the right of abode, usufruct or real servitudes. We offer a comprehensive range of services related to real estate transactions in one hand, including providing advice in regard to and reviewing contracts, drafting contracts (contracts of sale, exchange, donation or physical division, servitudes.), support and assistance during contract negotiations, transaction processing (trusteeships) and execution in the land register. We also implement various construction projects within the meaning of the Property Development Contracts Act (BTVG) with construction developers.

Law relating to tenancy, leases and condominium

Rental Law
In simple terms, 'Rental Law' governs the authorised use for consideration of specific movable or immovable goods by a third party.
Owing to the extremely dynamic legal developments in the field of tenancy, failure to comply with new statutory provisions or the existing complex case-law may entail severely adverse consequences. Often statutory requirements for temporally limited tenancy agreements are not observed.
We provide advice in all tenancy-related issues (Austrian Civil Code [ABGB], Tenancy Law Act [MRG] or Condominium Act [WEG]), prepare tenancy contracts for you (residential tenancy, commercial leases, floor space rental), represent our clients in proceedings before dispute settlement bodies and in courts (review of the amount of rent or operating expenses, investment compensation, maintenance) and provide assistance in the termination and clearing of the rental object.

Lease Law
A contract for lease means that an existing object, unlike in the case of a tenancy agreement, can be used only through work and effort.
Lease law plays an important role in the field of operating businesses of third parties and the lease of agricultural and forest land. The delimitation of corporate lease and rental of business premises often poses considerable problems. We propose to draft your lease contracts, provide advice and legal assistance in connection with the sale or transfer of a leased business and in connection with the termination or cancellation of lease contracts.

Condominium is a special form of joint ownership, which represents the exclusive right to use and dispose of a residential apartment.
We are also at your service as contract drafters when establishing a condominium (in an existing building or a new building) as well as in matters of administration and determining the usage value of the real estate and any use regulations. We will also represent you in contentious or ex parte proceedings in court if disputes arise between co-owners or issues in connection with resolutions of the condominium association (regular/exceptional administrative matters).

Construction and architecture contracts

Very often construction disputes do not arise out of the execution of the works but are a result of unclear terms of the construction agreement. The reason is that often model contracts and technical or legal preliminary remarks are used without adapting them to each other or to the specific project.

We are at your service for drafting or reviewing all contractual matters in connection with your construction project.

Public Construction Law

Public Construction Law comprises essentially the legal provisions that serve to ensure the safety and fault-free quality of buildings from a technical, sanitary and hygienic perspective. In addition, the requirements resulting from regional planning, protection of historically developed urban landscapes, historical city centres and statutory provisions relating to adjoining properties apply. Building regulations fall within the scope of competence of the Provinces. These typically govern issues relating to building land, in other words, where and what may be built (land destination plan, land use plan, etc.). Building regulations contain provisions on the type of building, the height of buildings, density of land development, building alignment and the external design of the buildings. Moreover, the building regulations stipulate the obligations and contributions of owners of plots of developed land owed to the municipalities (transfer or land, development costs, tourism contributions, etc.). Building regulations also contain requirements for the type of construction project. These are provisions about technical construction rules and the monitoring of the construction execution. The building inspection department deals with issues relating to the monitoring of the progress of the constructions works, maintenance obligations (e.g. maintenance assignment), the evacuation and demolition of buildings.

Real Estate Development Law

Legal support for a turnkey project requires not only thorough knowledge of the law relating to real estate development contracts but also of all other construction-related norms and standards and, in particular, relevant experience in drafting and implementing of real estate development contracts. Our long-standing experience in the practical execution of real estate development projects enables us to satisfy, on the one hand, the interests of buyers by drafting clear terms and ensuring the proper performance of trust contracts, and on the other hand, to assist real estate developers in the execution of their projects, e.g. by providing material support in the monitoring of the instalment plan.

Contact us at here – we will be glad to counsel you.