Plots
Arable land
Soil Surveyor
Planning to buy property or build new? A geotechnical engineer is your key to safety. We help you identify construction law risks and avoid costly mistakes. Need comprehensive advice? Contact us now for a non-binding inquiry!
An in-depth legal assessment of building by a soil expert is essential to avoid costly mistakes when purchasing real estate and to ensure legal certainty.
The knowledge of the German Building Code (BauGB), the Federal Land Utilisation Ordinance (BauNVO) and the regional building regulations is crucial for the approvability of your construction project. A professional assessment can reduce the risk of legal disputes by up to 40%.
Utilise the expertise of a soil surveyor to identify pre-emption rights, apply the DCF method correctly, and meet the requirements of the GEG to enhance the value of your property and promote sustainable development.
Buying a house is a significant investment, where expensive mistakes should be avoided. A key element in this process is the building law assessment, ensuring that your dream home does not turn into a nightmare. An experienced soil expert can play a crucial role here by providing precise analyses and well-founded reports, offering you a solid basis for decision-making. The expertise of such an expert protects you from unexpected risks and costs.
Fundamentals of Building Law Assessment
The building law assessment involves examining all legal aspects concerning a plot of land or property. This includes compliance with the Building Code (BauGB), the Building Utilization Ordinance (BauNVO), and the respective State Building Code (LBO). A soil expert analyses whether the planned use complies with existing regulations and which conditions need to be taken into account. This is especially important to avoid future legal disputes or fines.
Importance of Building Law Assessment
A comprehensive building law assessment is essential for several reasons. It provides legal certainty in property transactions, as you know exactly what rights and obligations are associated with the purchase. Additionally, it serves as a basis for informed investment decisions by highlighting potential risks and opportunities. Lastly, it helps to avoid or resolve disputes by creating an objective foundation for negotiations.
The Building Code (BauGB) forms the foundation for evaluating building law. It governs the admissibility of building projects and sets the framework for urban development. A detailed understanding of the relevant paragraphs is crucial to minimise potential risks and make the most of opportunities. The legal foundations are complex, which is why the expertise of a professional is essential.
Building Code (BauGB)
The most important paragraphs in the BauGB concern the land use plan (§ 5 BauGB) and the development plan (§ 8 BauGB). The land use plan represents the general type of land use for the entire municipal area, while the development plan contains detailed regulations for individual plots. A soil surveyor analyses these plans to determine whether your building project is permissible and what conditions need to be considered. Compliance with these plans is critical for the approvability of your project.
Further relevant paragraphs concern the rights of pre-emption (§§ 24 ff. BauGB) and the expropriation (§§ 85 ff. BauGB). Rights of pre-emption give certain individuals or institutions the right to acquire a property preferentially, while expropriation allows the deprivation of ownership under certain conditions. A soil surveyor checks whether such rights exist and what impact they could have on your project. Knowing these rights is essential to avoid unexpected surprises.
Building Use Ordinance (BauNVO)
The Building Use Ordinance (BauNVO) specifies the types and restrictions of use established in the BauGB. It defines which types of use are permissible in different building areas (e.g. residential areas, commercial areas, mixed areas) and which restrictions apply (e.g. regarding building height, plot ratio, or built-up area). A soil surveyor analyses the provisions in the development plan and checks whether your building project complies with the BauNVO. Compliance with the BauNVO is crucial for the approvability of your project and for avoiding legal disputes.
The state building codes (LBOs) set out the specific construction law requirements for each federal state. As construction law is organized federally in Germany, there are regional differences that must be considered in legal assessments. A geotechnical engineer with local knowledge is therefore essential to understand the local characteristics and current developments. The regional building regulations are crucial for the planning and implementation of your construction project.
State Building Codes (LBOs)
The Berlin Building Regulation (BauO Bln) was revised in 2023 and 2024 to simplify and expedite housing construction. Key changes include the simplification of permits for roof conversions and extensions, permit exemption for photovoltaic systems under certain conditions, and the relaxation of completion deadlines. A geotechnical engineer is familiar with the current revisions and changes and can support you in implementing your construction project. Compliance with the current building regulation is essential for the approval of your project.
The 2023/2024 revision of the building regulation also includes tightening measures, such as the mandatory consideration of "building culture", which can lead to unclear approval processes, as well as tightening in roof greening and the accessible usability of apartments. In addition, cold water meters are now obligatory unless the installation is disproportionately complex. A geotechnical engineer can help you meet these requirements and obtain approval for your construction project. Knowledge of the current building regulation is critical to successfully implementing your project.
The 2024 revision of the building regulation further promotes serial and modular construction to shorten construction times and reduce costs. The introduction of building type E is intended to further simplify construction. A geotechnical engineer can explain the advantages of these new construction methods and assist you in planning and implementing your project. Taking advantage of these new opportunities can help you realize your construction project more efficiently and cost-effectively.
The Fast-Track Construction Act and the so-called Construction Turbo aim to accelerate building projects and promote housing construction. Measures include the introduction of construction application conferences and support for districts in applying exemptions and dealing with setback areas. A geotechnical engineer can help you make the most of these measures and realise your project more quickly. Speeding up construction projects is an important factor in meeting housing needs and boosting the economy.
Fast-Track Construction Act and Construction Turbo
The construction application conferences are intended to enable better coordination between builders and authorities and to expedite approval procedures. The digitisation of procedures is also intended to help shorten processing times and increase efficiency. A geotechnical engineer can support you in the preparation and execution of the construction application conference and help you make the most of digital opportunities. Digitisation and improved communication are crucial to realising construction projects more quickly.
However, the Higher Administrative Court of Berlin-Brandenburg has restricted exemptions from the land use plan of 1960/61. A revision decision from the Federal Administrative Court is expected. The proposed Paragraph 246e of the Building Code (BauGB) aims for the rapid implementation of construction projects in areas with a tight housing market, allowing municipalities to deviate from BauGB regulations under certain conditions. A geotechnical engineer can help you understand these complex legal frameworks and adjust your project accordingly. Understanding the current legal situation is crucial to implementing your project successfully.
Building Type E and Serial Construction Methods
The Building Type E and serial construction methods are intended to simplify building regulations and reduce construction costs. Building Type E allows deviations from the "recognized rules of technology" (a.R.d.T.) under certain conditions. Serial construction methods use modular building components, which are prefabricated in series and can be quickly assembled on site. A geotechnical engineer can explain the advantages of these new construction methods and support you in planning and implementing your project. Utilising these new options can help you realise your construction project more efficiently and cost-effectively.
The Discounted Cash Flow (DCF) Method is a recognised approach for valuing real estate and building rights. It takes into account the future income and expenses associated with the building right and discounts them to present value. A property expert can assist you in applying the DCF method correctly and determining the market value of your building right. The DCF method is an essential tool for making informed investment decisions.
Discounted Cash Flow (DCF) Method
When applying the DCF method to building rights, it is essential to consider the building rights interest and the compensation for reversion. The building rights interest is the regular payment made by the building rights holder to the building rights grantor for the use of the land. The compensation for reversion is the payment made by the building rights grantor to the building rights holder at the end of the building rights period for taking over the structure. A property expert can assist you in determining these values accurately and incorporating them into the DCF calculation. Correct consideration of these values is crucial for determining the market value.
The market value for the building rights grantor is calculated as the present value of the building rights interest plus the present value of the returns after the reversion, minus the present value of the compensation for reversion. The market value for the building rights holder is calculated as the present value of the compensation for reversion plus the present value of the usage returns, minus the present value of the building rights interest. A property expert can assist you in performing these calculations and determining the market value of your building right. Knowing the market value is essential for negotiations and investment decisions.
Importance of Land Reference Values
Land reference values are average location values for plots in a particular region. They are determined and published by the appraisal committees of the municipalities. A property expert can assist you in determining the land reference values for your plot and incorporating them into the valuation. The land reference values are an important guideline for determining the land value.
Vorkaufsrechte give certain people or institutions the right to purchase a property with priority when it is sold. There are general pre-emption rights and specific pre-emption rights. A land surveyor can help you assess whether pre-emption rights exist and what impact they might have on your property transaction. The knowledge of pre-emption rights is crucial to avoid unexpected surprises.
Pre-emption rights and their impact
In Berlin, avoidance agreements that exclude pre-emption rights are potentially terminable following a decision by the Higher Administrative Court in summer 2023. It is recommended to record or carry out terminations. The pre-emption right remains in place and can be applied in the case of gaps in development, misuses in conservation areas, or vacancy. A land surveyor can help you understand the current legal situation and adjust your approach accordingly. Being aware of the current legal situation is crucial to successfully implementing your project.
A land surveyor analyses the land register extracts and checks whether pre-emption rights are recorded. They also examine whether there are avoidance agreements and whether these are effective. Additionally, they advise you on the legal options if a pre-emption right is exercised. Analysing pre-emption rights is an important part of the building law assessment and helps you minimise risks.
Environmental law aspects
Environmental law plays an increasingly important role in the building law assessment. Environmental impact assessments must be carried out to examine the effects of construction projects on the environment. Furthermore, nature reserves and other protected areas must be taken into account. A land surveyor can assist you in meeting the environmental legal requirements and in designing your construction project in an environmentally friendly manner. Integrating environmental protection into the assessment is essential for sustainable development.
The Building Energy Act (GEG) sets the energy requirements for buildings. Among other things, it stipulates that buildings must have an energy certificate that indicates the building's energy consumption. Additionally, buildings must meet certain energy standards. A soil expert can assist you in meeting the requirements of the GEG and optimizing the energy efficiency of your building. Compliance with the GEG is crucial for the value of your property.
Energy Efficiency and Building Energy Act (GEG)
The energy certificate is an important component of the building regulatory assessment. It provides information about the building's energy consumption and reveals potential for energy optimization. A soil expert can assist you in creating the energy certificate and identifying energy weaknesses in your building. Understanding energy consumption and optimization potential is vital to enhance the value of your property.
A soil expert also advises you on measures for energy retrofitting, such as insulating the facade, replacing windows, or installing a new heating system. They can also help you find and apply for funding programs for energy retrofitting. Energy retrofitting is a crucial step to increase the value of your property and protect the environment.
Challenges and Risks
The building law is dynamic and subject to constant changes and updates. Therefore, it is important to continuously educate yourself and review the current standards and regulations. A soil expert is always up to date and can help you meet the current requirements. Continuous education is essential to minimize risks and seize opportunities.
Due to the regional differences in building regulations and the unclear legal situations and interpretation questions, it is advisable to seek legal advice. A lawyer specialising in construction law can help you understand the complex legal framework and adjust your construction project accordingly. Obtaining legal advice is an important step to minimise risks and seize opportunities.
Unclear legal situations and interpretation questions
In the case of deviations from the "generally accepted rules of technology" (a.R.d.T.), it is essential to document these in writing and seek advice from an expert. A soil expert can help you assess the deviations and minimise the risks. Documenting deviations is crucial to avoid legal disputes.
The introduction of Building Type E aims to reduce overregulation in the German construction industry by implementing presumptive regulations and facilitating deviations from the "generally accepted rules of technology" (a.R.d.T.). However, the practical impacts of these changes on the contractual chain, particularly regarding subcontractors and subsequent property transactions, remain unclear. A soil expert can help you understand these new legal uncertainties and adjust your approach accordingly. Knowledge of the current legal situation is crucial to successfully implement your project.
The role of the soil expert
A soil expert conducts subsoil investigations and prepares reports that form the basis for legal building assessment. They work closely with architects, civil engineers, and lawyers to ensure a comprehensive evaluation. Collaboration with other experts is vital to consider all aspects of the construction project.
Responsibilities and Duties
A geotechnical engineer is responsible for the soil investigation. They examine the soil for its load-bearing capacity, water permeability, and contamination levels. Based on the soil investigation, they prepare a report, which forms the foundation for the planning and execution of the construction project. The soil investigation is a crucial step to minimize risks and ensure the safety of the construction project.
A geotechnical engineer works closely with architects, civil engineers, and lawyers to provide a comprehensive assessment. They coordinate the evaluation processes and ensure that all relevant aspects are considered. Interdisciplinary collaboration is key to realising a successful construction project.
Qualification and Certification
A geotechnical engineer must have the appropriate qualification and certification. They must hold an expert status and engage in continuous professional development to stay up-to-date with the latest technology and regulations. Qualification and certification are an important proof of the geotechnical engineer's competence and reliability.
Conclusion and Outlook
The legal assessment of construction is an essential component of the real estate industry. It contributes to legal certainty and value stability and forms the basis for sustainable development. Digitalisation and automation will play an increasingly significant role in the future. A geotechnical engineer can help you identify the opportunities and risks of these developments and adapt your construction project accordingly. The legal assessment of construction is crucial for a successful future.
The latest developments in construction law, such as the amendment to the building regulations, the Faster Building Act, and Building Type E, aim to simplify and expedite residential construction. A geotechnical engineer can help you take advantage of these new opportunities and execute your project more efficiently and cost-effectively. Knowledge of the current legal situation and new technologies is crucial for the successful implementation of your project.
Do you want to avoid costly mistakes when buying real estate and benefit from a solid legal assessment of construction? Our experts are here to support you with advice and assistance. Contact us today for a non-binding consultation and secure the expertise you need for your real estate decisions. Contact us here!
dejure.org offers access to the full text of the Building Code (BauGB), which is relevant to the legal foundations in building law.
baulinks.de provides an overview of regional building regulations, which are crucial for the planning and implementation of construction projects.
Engel & Völkers provides information on the 2024 amendment of the Building Regulations and its impact on the real estate and construction industry.
Law.ch explains the DCF method for the valuation of building rights, an important tool for making informed investment decisions.
Haufe offers legal advice in building and architectural law to minimise risks and seize opportunities.
What does a legal assessment by a soil assessor entail?
A legal assessment includes the review of all relevant laws and regulations (BauGB, BauNVO, LBO) that affect a plot of land or property. The soil assessor analyses whether the planned use is permissible and what conditions need to be observed to ensure legal certainty.
Why is a legal assessment important before purchasing a plot of land or property?
An assessment provides legal certainty by highlighting potential risks and opportunities. It serves as a basis for informed investment decisions and helps to avoid costly mistakes and legal disputes.
What role does the Building Code (BauGB) play in the legal assessment?
The BauGB forms the foundation of the legal assessment. It regulates the permissibility of construction projects and sets the framework for urban development. The soil assessor analyses land use plans and development plans to check the permissibility of your project.
What are pre-emption rights and how do they affect a property transaction?
Pre-emption rights give certain people or institutions the priority to purchase a property. The soil assessor checks whether such rights exist and what impact they could have on your transaction, to avoid unexpected surprises.
How does a soil assessor take regional building regulations (state building codes) into account?
As building law in Germany is organized federally, there are regional differences. A soil assessor with local knowledge understands the specific requirements of the respective state building code (LBO) and takes these into account during the assessment.
What is the DCF method and how is it used in the assessment of building rights?
The Discounted Cash Flow (DCF) method is a recognized method for valuing properties and building rights. It considers the future income and expenses associated with the building right and discounts them to the present value. This allows for a well-founded investment decision.
What significance does the Building Energy Act (GEG) have for the legal assessment?
The Building Energy Act (GEG) sets the energy requirements for buildings. The soil assessor checks whether the building meets the requirements and identifies potential for energy optimization, which can increase the property value.
How can a soil assessor help with unclear legal situations or interpretation questions?
Due to the complex legal framework, it is advisable to seek advice from an expert. A soil assessor can help you to understand unclear legal situations and adjust your construction project accordingly, to minimise risks.
