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Real Estate

Expertise and a strong team - our foundation for your success in the construction and real estate industry.

We advise investors from Germany and abroad, project development companies, construction contractors and other companies in the real estate industry as well as cities, municipalities and public sector companies on all legal aspects in the field of real estate. In addition, we support real estate transactions as well as corporate transactions involving German operations with a strong team of more than 20 specialized lawyers represented at all investment centers in Germany.

Another focus of our activities is the drafting and negotiation of contracts in commercial tenancy and lease law, real estate leasing and asset and property management.

In construction and planning law, we specialize in representing the client side.

Consulting focus

  • Real estate management and corporate real estate consulting

    Our range of advisory services regularly includes the legal drafting and co-negotiation of asset and property management contracts as well as technical support for ESG, digitalization, corporate governance and compliance projects in the real estate industry. We advise you on all questions of corporate structure and constitution, the establishment of special purpose companies and the setting up of holding structures. Representation in litigation and other forensic activities in construction and real estate law are also part of our consulting spectrum.

  • Real Estate Transactions

    In the acquisition process, we perform due diligence in all areas relevant to real estate law, such as real estate company law, land and buildings, as well as leasing and management. We present the results in clearly structured due diligence reports with risk assessments and recommendations for action for our clients.

    In the sales process, we advise on structuring and preparing the sales process from a legal perspective, engaging brokers and other transaction advisors, compiling data rooms, preparing confidentiality agreements and exclusivity agreements, and responding to inquiries from prospective buyers.

    We can assist you in documenting Heads of Terms and drafting Memoranda of Understanding. We draft and negotiate all contracts required in the process of purchase and sale, especially real estate purchase or share purchase agreements. After signing the contracts, we manage their execution until the economic transition. Parallel to this, we advise you on all financing issues in the course of the real estate transaction.

  • Design and build

    The course for a successful construction project is set at the very beginning. The client’s internal and external organization must be tailored to the challenges of the specific project. Only in this way can the necessary decisions be made quickly and audit-proof during the planning and construction phase – saving time, construction costs and hassle.

    We will prepare for you the contracts suitable for the specific construction project. In doing so, we attach great importance to market-driven solutions, a partnership-based approach and appropriate risk diversification.

    Disputes on the construction site should be resolved as quickly as possible and during construction so that they do not have any avoidable negative consequences for the further course of construction. On the other hand, it must be ensured that only justified supplements are closed and that no unjustified payments are made. We document the respective procedural decisions of the responsible parties during construction and in an audit-proof manner, also taking into account budgetary and procurement law standards.

    If we do not act as consultants in the project ourselves, we are also happy to take over the control of project implementation during the project for supervisory bodies (construction monitoring) or analyze and evaluate project implementation after completion (construction auditing).

    In addition to the classic cost and deadline targets, the requirement to build a property that is as sustainable as possible is also becoming increasingly important. We support you in the contractual anchoring and realization of your sustainability goals and work with you to develop evaluation criteria and award models for project controllers, planning offices and construction companies that are tailored to sustainability requirements.

    Building Information Modeling (BIM) construction requires a much higher level of interconnectedness between stakeholders, planning and information. This also has a significant impact on the design of contracts with all project participants. Here, too, we are fully at your side with our expertise.

  • Contract drafting and negotiation in commercial rental and lease law and real estate leasing

    We offer comprehensive legal advice in commercial tenancy and lease law, especially in the drafting of clause and individual contracts, as well as the control of general tenancy and real estate leasing conditions. We have special expertise in drafting and co-negotiating operator agreements such as franchise, management and license agreements for hotels, retail properties and nursing homes.

Explore #more

27.03.2024 | KPMG Law Insights

EU Buildings Directive: life cycle greenhouse potential becomes relevant

09.11.2023 | KPMG Law Insights

Mantelverordnung: New rules for mineral substitute building materials

01.11.2023 | KPMG Law Insights

The MoPeG is coming – Here’s how GbRs with real estate should act now

20.09.2023 | KPMG Law Insights, KPMG Law Insights

BGH extends duty of disclosure of real estate sellers

30.06.2023 | KPMG Law Insights

Special regulations for dealing with supply bottlenecks in the construction industry expire

23.06.2023 | KPMG Law Insights

Traffic light coalition dovetails building energy law with municipal heat planning

28.02.2023 | KPMG Law Insights

New funding for climate-friendly new buildings starts in March 2023

26.01.2023 | KPMG Law Insights

Commercial space rental and installation of electric charging stations

03.01.2023 | KPMG Law Insights

The CO2 Cost Sharing Act – Relief for Tenants

05.10.2018 | KPMG Law Insights, KPMG Law Insights

Alternative Investments Legal | Issue 09/2018

Publications

Transparency Register and Real Estate in Germany

Update: Excessive reporting requirements for foreign companies

German Transparency Register

Update: Excessive reporting requirements for foreign companies

Your contact person

Dr. Rainer Algermissen

Partner
Head of Construction and Real Estate Law

Fuhlentwiete 5
20355 Hamburg

tel: +49 40 3609945331
ralgermissen@kpmg-law.com

© 2024 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

 KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

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