Articles from Steffen Müller

12. Jul 2024 An end to sidewalk parking! Occasion, course of proceedings and decision:

A decision by the Federal Administrative Court on 06.06.2024 (BVerwG, judgment of 06.06.2024, ref. 3 C 5.23) has the potential to (further) exacerbate parking and parking space problems, especially in large cities, and at the same time (under certain conditions) gives residents the opportunity to defend themselves against too much metal on their doorstep.

Real estate law, public & private construction law, public procurement law
8. Nov 2023 A problem shared is a problem halved - the principle of halving broker commissions Content and regulation

The purchase of land and residential property regularly represents a considerable financial burden - not only in times of rising interest rates. The ancillary purchase costs should not be underestimated. As a rule, potential purchasers must provide at least these from their own funds in order to obtain financing. In addition to notary fees, land transfer tax and land registry costs, the frequently incurred estate agent costs make up a large part of this. Until now, it has been common practice to pass these on to the buyer in full by means of appropriate contractual arrangements. The intention of the "half-share principle" introduced with the reform of real estate agent law at the end of 2020 was to prevent this, to keep the ancillary purchase costs low(er) for a certain group of buyers and thus indirectly promote the creation and acquisition of property and residential property.

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
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