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Real Estate & Public

Germany

Comprehensive legal advice on real estate and public-sector matters

The Real Estate & Public practice is the biggest of its kind in Germany. It provides advice to the entire real estate and construction sector while also handling all issues involving the public sector. In doing so, the practice brings together all the relevant areas of law in a unique way.

In line with client requirements, the practice is divided into three sections:

  • Public - Advice involving the public sector
  • Construction - The entire project development value chain, including planning and construction
  • Real Estate - Comprehensive legal advice in connection with real estate as an asset class

Our strength: a comprehensive approach

The advisers at CMS Germany regard Real Estate & Public as an integrated area of law, business and life. This way of looking at things distinguishes us both from the major international commercial law firms and from smaller firms with a narrower focus.
In line with this philosophy, complex matters are resolved by a team comprising specialist lawyers from different (or related) areas of law.

We also provide expert coverage of interdisciplinary fields such as corporate law, financing and tax, state aid, administrative and environmental law, procurement, competition, antitrust and copyright law.

For cross-border projects we assemble international teams in conjunction with our foreign offices, which are led by a designated contact person.

Broad-based expertise for a wide range of clients

We successfully advise national and international market leaders in the real estate sector and construction industry, small and midsize construction companies, property developers, architects, engineers and project managers.

Our references include public corporations, banks and insurance companies, in addition to big-name institutional investors and industrial enterprises. The practice's sector expertise is wide-ranging – from the real estate and construction industry, hotels, financial sector, energy, utilities and waste management operators through telecom service providers, transport and infrastructure companies to the pharmaceutical industry.

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    Real Estate

    Our team specialises in all matters related to real estate transactions. This applies to all aspects of the acquisition, sale and financing of properties, both in the context of share deals and asset deals. We also support our clients with regard to asset management of their property portfolios.

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    Real Estate & Public - Construction

    Our team excels in the development and management of large-scale real estate projects, from planning through implementation and sale to extracting value from the assets. We have many years' experience in dealing with all issues relating to the realisation of property and construction projects, including plant engineering, and with all aspects of project development.

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    Real Estate & Public - Public

    Our specialised team has many years of experience in advising investors, companies and the public sector on all practical aspects of issues relating to public law. We consider commercial aspects as well as the technical/scientific circumstances and requirements when handling projects and transactions.

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    April 2020
    CMS Real Es­tate & Con­struc­tion Glob­al Bro­chure
    07 May 20
    GRESB 2020 – It’s Ques­tion Time!
    GRESB has launched its 2020 Real Es­tate As­sess­ment. GRESB is the lead­ing glob­al En­vir­on­ment­al, So­cial and Gov­ernance (ESG) bench­mark for the real es­tate and in­fra­struc­ture in­dus­tries. It is a vol­un­tary...
    CMS Ex­pert Guide to COV­ID-19 Im­pact on Con­struc­tion...
    07 May 20
    The use of ex­perts in in­ter­na­tion­al con­struc­tion dis­putes: con­flicts...
    A re­cent de­cision of the Tech­no­logy and Con­struc­tion Court ap­pears to be the first re­por­ted Eng­lish de­cision to up­hold a fudi­ciary duty of loy­alty in an ex­pert wit­ness ap­point­ment. The find­ing in this...
    CMS Ex­pert Guide to COV­ID-19 Im­pact on Lease Agree­ments
    28 Apr 20
    In­dir­ect and con­sequen­tial loss ex­clu­sions: Eng­lish law holds the...
    A Tech­no­logy and Con­struc­tion Court de­cision last week has con­sidered a dir­ect at­tack on the tra­di­tion­ally nar­row in­ter­pret­a­tion giv­en by the Eng­lish courts to in­dir­ect and con­sequen­tial loss ex­clu­sion...
    23/03/2020
    Pro­tec­tion against ter­min­a­tion of res­id­en­tial and busi­ness...
    28 Apr 20
    Elec­tron­ic Sig­na­tures in Real Es­tate Doc­u­ments
    For many with­in the Real Es­tate in­dustry, the use of elec­tron­ic sig­na­tures will be un­fa­mil­i­ar ground – a prac­tice of­ten dis­cussed but nev­er used. Yet, where they are cap­able of be­ing used, elec­tron­ic...
    03 Dec 19
    Guide to Con­tract Al­li­an­cing in Con­struc­tion
    09 Apr 20
    Ten­an­cies in Ger­many dur­ing the crisis – con­test­a­tion risks ac­cord­ing...
    What spe­cif­ic pro­vi­sions does the new law con­tain for ten­an­cies? Ac­cord­ing to §2 to Art­icle 240 EGBGB (In­tro­duct­ory Act to the Ger­man Civil Code), the land­lord should not be able to ter­min­ate a lease...
    26 Nov 19
    Bridging Con­tin­ents - In­fra­struc­ture In­dex 2019
    07 Apr 20
    FMI pub­lishes de­cree on COV­ID-19 and con­struc­tion con­tracts
    On 23 March 2020, the Fed­er­al Min­istry of the In­teri­or, Build­ing and Home­land Af­fairs (FMI) pub­lished a de­cree on con­struc­tion con­tract is­sues in con­nec­tion with the cur­rent pan­dem­ic. The de­cree has im­me­di­ate...