Articles from Oliver Mayer-Klenk

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
27. Jan 2022 Hospital Future Fund - Tendering of services in accordance with the KHZG Tendering of services in accordance with the KHZG

Almost all hospitals and clinics in Baden-Württemberg have applied for funding for projects from the Hospital Future Fund, which was updated with the Hospital Future Act (KHZG). In many federal states, the funding decisions have already been issued; in Baden-Württemberg, most of these are still pending. There is great joy about the funding, which often amounts to millions, and will make a significant contribution to modernizing the hospital or clinic in the coming years. However, an incorrect procedure when awarding contracts can sometimes lead to the subsidy amount having to be paid back to the state - even after the subsidy amount has been used up. In addition, massive project delays can occur if there are reviews under public procurement law. These risks can be significantly avoided or reduced through proper compliance with public procurement law. This also applies to privately funded hospitals and clinics.

Medical and social 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
14. May 2020 HOAI minimum rates: BGH requests preliminary ruling from the ECJ

The Federal Court of Justice (BGH) today suspended proceedings (VII ZR 174/19) concerning an engineer's fee claims and referred several questions to the Court of Justice of the European Union (CJEU) on the consequences of the illegality of the minimum rates in the HOAI for ongoing court proceedings between private individuals, as assumed by the CJEU in its judgment of July 4, 2019 (C-377/17, IBR 2019, 436).the press release of the BGH is available here.

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
23. Aug 2019 Amendment to the Baden-Württemberg state building regulations 2019

With the amendment to the state building regulations for Baden-Württemberg passed by the state parliament, various changes came into force on August 1, 2019, which must be taken into account for construction projects. These changes include the approval procedure, the introduction of a digital building application and simplifications for the installation of charging stations for electric vehicles.

Real estate law, public & private construction law, public procurement law
4. Jul 2019 Minimum and maximum HOAI rates violate European law!

Real estate law, public & private construction law, public procurement law
9. Mar 2018 Effect of a change in the recognized rules of technology during construction management

In its decision of 14.11.2017 (case no. VII ZR 65/14), the Federal Court of Justice dealt with the question of how to deal with a change in the recognized rules of technology between the conclusion of a VOB/B-B construction contract and the completion and acceptance of the building. The decision deals with the conditions under which the client can assert a claim for compensation for the completion of the building.

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