BMT manages to regularly set new standards in the field of real estate law. Our advice covers the purchase, sale, development and disposal of properties. We draw up sales contracts, land improvement contracts and urban development contracts, and devise and negotiate project development and project management agreements. We take care of building contracts and developers' contracts, architect agreements and general and sub-contractor agreements – and represent our clients' interests in all matters of real estate law, also in court.
At the same time, we examine and negotiate real estate financing, in regard to both asset and share deals, and also concerning portfolio transactions. BMT covers all aspects of the legal analysis of land property and real estate companies, including an in-depth due diligence.
Thanks to our optimized processes, we are able to directly cross-link specialist knowledge present in various different legal fields within our law firm. As a result, BMT offers advice that extends beyond real estate law in the narrow sense, encompassing further legal fields such as tax law, company law as well as procedural law, without which it is not possible to provide comprehensive advice and service. We advise proprietors, lessors, investors, project developers, asset managers, builders, estate agents, facility managers, fund issuers and property managers.
Büsing Müffelmann & Theye drafts or examines leases and assists in the proper processes of implementing rent increases and drafting statements on refurbishment and improvement of the building. In addition, maintenance and repair obligations may play an important part in the consultancy services, as well as rights to restore the property to its original condition. Another topic is the termination of leases. We assist proprietors in undertaking contractual revocations or terminating leases prematurely. We enforce or defend against eviction claims. At the same time, we attempt to avoid conflicts in advance, through precise project strategies and negotiating cautiously.
Real property and taxation
Investments in real estate are very frequently associated with a high capital investment. In order to be able to ensure sustainable development, fiscal matters also need to be optimally considered across the entire value creation chain of a given property. BMT combines the knowledge of real estate specialists with the specific expertise of fiscal law experts.
In connection with real estate, we advise our clients, among other things, in the following fields: VAT, trade tax, income tax, real estate transfer tax, capital transfer tax and inheritance tax. We assist with real estate transactions, but naturally also with devising fund concepts taking into account company law, or ownership structures under the aspects of fiscal law. A further example are inheritance law arrangements, in cases where property is owned by the devisor.
Public procurement law
The need for organising public procurement procedures in regard to public contracts is constantly increasing. At the same time, year after year the number of construction companies taking part in the public procurement procedures is on the rise. Because the case law in this field is characterised by ongoing changes, contracting authorities often feel insecure - but even for bidders or bidding consortia, the requirements of public procurement procedures are often very difficult to grasp.
BMT makes use of its sound expertise, which it sets against the latter. We assist customers at all stages of organising a tender, from choosing a procedure to awarding the contract up to the final review procedure. We enable bidders to develop an effective strategy, we analyse the requirements, and we thus create a robust foundation for submitting bids. In the event of incorrect evaluations of bids in a public procurement procedure, along with our clients we look into the options for focussed, solid counter-measures.
Public building law
Real estate projects involve an increasingly complex public law environment. The requirements in regard to both public and private construction projects are growing noticeably – along with the expectation on the part of the general public to be involved in planning processes.
BMT means dedicated and legally secure advice. In this respect, our partnership lawyers benefit from the professional knowledge acquired through many years' experience in public building legislation and in developing and arranging even extensive real estate projects. The latter includes, among other things, assisting with development plan and land utilisation plan procedures, topics relating to regional development legislation, planning permission procedures and developing and negotiating land improvement contracts and other urban development contracts, including, for example, consequential cost and implementation agreements, in a legally secure manner.
When properties are bought or sold by the government, BMT assists both buyers and sellers with profound legal practice. The latter ranges from looking into financing matters to drafting the purchase and settlement agreements up to project planning, as well as obtaining planning consents and securing the connection of the property to the infrastructure and other improvements (provision of roads and services). However, even sensitive areas of application – such as expropriation procedures – are, along with problems of mandatory connection to and use of public services (such as wastewater disposal facilities), any issues in respect of public funding, or matters concerning development contribution law and the law on fees and charges, an important component of our well-versed services.
BMT's outstanding practical experience pays off when matters of public building legislation interlock with civil and fiscal law issues. BMT’s clients benefit from the law firm's specific competence at the crossroads between public and private law throughout the entire management of their real estate projects.
Crisis management, restructuring
Finally, we assist investors who do in fact recognise that a run-down property requires a great deal of refurbishment and therefore involves considerable risk – but also see an opportunity to invest in healthy future cash flows. Our consultancy work is, on the other hand, also geared towards investors as well as investment companies, whose properties have become distressed. In such a case, we get involved in devising and critically reviewing crisis plans. We also assist banks in collecting their receivables and utilising them in an optimum way.
Communities of owners, commonhold ownership
Precisely in the field of communities of owners, the principles developed by case law have their roots in intricate, often confusing and interwoven legal provisions. Specialist knowledge is particularly sought after in regard to advising communities of owners – including providing advice to advisory boards, management companies and individual owners. BMT can exhibit particular experience in this field. In addition, we advise project developers and part owners about drawing up the rules of the community of owners in line with practical requirements and in such a manner that they are aimed at avoiding conflicts in advance.