Mike Kirchner

Contact

Telephone +49 7121 9202 52

m.kirchner@voelker-gruppe.com

vCard

Location
Reutlingen

Am Echazufer 24, Dominohaus
72764 Reutlingen

Vita

Born 1982 in Reutlingen. Studied law at the University of Tübingen. From 2010 to 2013, worked in a management position at a medium-sized company in the photovoltaic industry. Member of VOELKER since 2013, admitted as a partner in 2020.

competencies

Real estate law, public & private construction law, public procurement law
Public sector
Administrative law

Services

Areas of advice

Commercial tenancy law
Real estate law
Public and private building law
General administrative law
Energy law with a focus on renewable energy law

Recent posts

30. Jan 2024 Building planning law: Designation of new residential areas on the outskirts becomes more difficult Outlook

In times when housing is in short supply, local authorities are desperately looking for ways to develop new residential areas quickly (and as cost-effectively as possible). In order to shorten the lengthy urban land-use planning procedures, the federal legislator had provided two instruments to fulfill this wish of the municipalities:

Real estate law, public & private construction law, public procurement law
29. Dec 2020 New legal regulation for tenancies in the SARS-CoV-2 pandemic

On 17.12.2020, the Bundestag passed the "Act to further shorten residual debt discharge proceedings and to amend pandemic-related provisions in company, cooperative, association and foundation law as well as in tenancy and leasehold law". The Federal Council already approved the law on 18.12.2020. The legislator has thus responded to the effects of the SARS-CoV-2 pandemic and the regulations issued by the federal states to combat it and extended the application of the regulations on the so-called cessation of the basis of the transaction.

Real estate law, public & private construction law, public procurement law
21. Aug 2020 The new Building Energy Act (GEG) - A uniform set of rules for climate-neutral buildings A standardized set of rules for climate-neutral buildings

Numerous debates on amendments and proposals from the federal states, associations and experts preceded the agreement on the new Building Energy Act (GEG). On 18.06.2020, the Bundestag approved the law at second and third reading, and the Bundesrat also approved the draft law on 03.07.2020. After the law was signed by the Federal President, the GEG was finally promulgated in the Federal Law Gazette on 13.08.2020. It will now enter into force on 01.11.2020 and contains far-reaching changes and adjustments.

Real estate law, public & private construction law, public procurement law
25. Mar 2020 Compensation claims for business closures in the course of the Covid-19 measures

The state governments have issued numerous measures by way of statutory order to help combat the spread of the SARS-Cov-2 virus and the resulting COVID-19 disease. Numerous restrictions on public life were ordered for the corresponding ordinance of the state government on infection protection measures against the spread of the SARS-Cov-2 virus (Corona Ordinance - CoronaVO) of 17.03.2020, last amended by the ordinance of 22.03.2020. This affects companies and institutions in a wide variety of areas. The basis for this ordinance is Section 32 of the Infection Protection Act (IfSG) in conjunction with Sections 28 (1) sentence 1, 31 IfSG. These measures, in particular the regulated business closures for retailers, but also for other tradespeople and public institutions, some of which are privately owned, are leading to a massive loss of revenue. As a result, various questions of liability systems arise, which are laid down in the Infection Protection Act itself, but also in general state liability law. The aim of this article is to provide you with an overview of the various liability bases.

Real estate law, public & private construction law, public procurement law
18. Mar 2020 Obligation to pay rent despite an officially ordered business closure?

With the legal ordinance of the state government on infection protection measures against the spread of the SARS-Cov-2 virus (Corona Ordinance - CoronaVO) of 17.03.2020, numerous retail stores and facilities will no longer be able to continue operating. Compared to the first ordinance of 16.03.2020, the bans have even been significantly extended. In addition to numerous facilities such as cinemas, educational institutions of all kinds, fitness studios, dance schools, ice cream parlors and pubs, the operation of all retail businesses is now also prohibited, unless they are expressly excluded from the ban (Section 4 (1) no. 12 CoronaVO). The operation of restaurants is also still only permitted with considerable restrictions, and since the affected establishments will inevitably have to reckon with considerable losses in turnover due to these drastic measures, the question now arises as to whether the operator of the respective establishment can reduce the rent for the operation or claim a deferral of the rent.

Real estate law, public & private construction law, public procurement law
9. Mar 2020 The end of the written form problem in (commercial) tenancy law? - On the planned reform of § 550 BGB

Commercial leases in particular are usually concluded for a fixed period of time - eight, ten or even fifteen years are the rule rather than the exception. During this period, the rental agreement can only be terminated for good cause, i.e. extraordinary termination; ordinary termination, on the other hand, is excluded. Even with a longer term, there is no obligation to conclude the tenancy agreement and to agree significant addenda in a specific form - this can also be done by email or even verbally. According to the law, a contract concluded in this way is not invalid - on the contrary: according to Section 550 BGB, a tenancy agreement that has not been concluded in writing for longer than one year or that has been amended in key points is even valid for an indefinite period. However, this also means that the contract - contrary to the original intention of the parties - can be terminated with notice. Both landlords and tenants repeatedly use this circumstance to get out of unpleasant, unfavorable or unsuitable rental agreements without much effort. the Bundesrat wants to counter this practice and therefore presented the "Draft Act to Revise the Written Form Requirement in Tenancy Law" on 20.12.2019.

Real estate law, public & private construction law, public procurement law

All articles