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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

09.11.2023 | KPMG Law Insights

Mantelverordnung: New rules for mineral substitute building materials

On 01.08.2023, a number of laws came into force or were amended with the framework ordinance on the recycling of mineral waste: the ordinances on the introduction of a substitute building materials ordinance, on the revision of the Federal Soil Protection and Contaminated Sites Ordinance and on the amendment of the Landfill and Commercial Waste […]

01.11.2023 | KPMG Law Insights

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

On January 1, 2024, the German Act on the Modernization of Partnership Law (MoPeG) will come into force. Then the civil law partnership (GbR) has legal capacity under certain conditions. The MoPeG also introduces a company register. This has significant implications, especially for real estate limited partnerships. The MoPeG modernizes the law governing partnerships and […]

20.09.2023 | KPMG Law Insights, KPMG Law Insights

BGH extends duty of disclosure of real estate sellers

In a highly relevant ruling for the legal real estate transaction practice, the German Federal Supreme Court (BGH) on September 15, 2023 (Az. V ZR 77/22) strengthened the rights of real estate buyers: Sellers must provide pre-contractual information about circumstances that are of significant importance to buyers. Simply putting documents in a virtual data room […]

30.06.2023 | KPMG Law Insights

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

The special arrangements for dealing with the supply bottlenecks and material price increases that have prevailed in recent years will expire on June 30, 2023. This was declared by the Federal Ministry of Housing, Urban Development and Construction and the Federal Ministry of Digital Affairs and Transport in a decree and circular dated 20.06.2023 respectively. […]

23.06.2023 | KPMG Law Insights

Traffic light coalition dovetails building energy law with municipal heat planning

In the debate on the amendment to the Building Energy Act (GEG), also known as the Heating Act, the traffic light coalition has agreed on “guard rails”. The linking of the GEG amendment with municipal heating planning is particularly new. This significantly changes the situation for existing buildings. After the original bill provided, among other […]

28.02.2023 | KPMG Law Insights

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

Beginning March 1, 2023, applications may be submitted for federal funding for efficient buildings under the new Climate Friendly New Construction (KFN) funding guidelines. Grant funding is now only provided for local authorities. All other funding recipients are relegated to credit-only funding. The requirements have also increased. On January 25, 2023, the Federal Ministry of […]

26.01.2023 | KPMG Law Insights

Commercial space rental and installation of electric charging stations

Electric vehicles are currently an essential part of the climate-friendly further development of road transport. For a long time now, registration figures for e-cars have been rising sharply. In many large cities, electrically powered buses now run alongside hydrogen-powered buses, and battery-powered cabs are also increasingly seen on the roads. More and more companies are […]

03.01.2023 | KPMG Law Insights

The CO2 Cost Sharing Act – Relief for Tenants

On January 1, 2023, the CO₂ Cost Sharing Act went into effect. This is intended to relieve tenants of increased heating and hot water costs due to the poor energy condition of the building space they rent. Objectives of the CO₂ Cost Sharing Act The EU has set itself the goal of achieving climate neutrality […]

05.10.2018 | KPMG Law Insights, KPMG Law Insights

Alternative Investments Legal | Issue 09/2018

Dear Readers, After the first thunderstorms have passed just in time for the beginning of autumn, we can enjoy the Munich Wies’n on beautiful late summer days. For the real estate industry, ExpoReal 2018 is yet another seasonal highlight, ensuring an exciting October. KPMG, together with the Institute for Corporate Governance in the German Real […]

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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