activelawSpecialty Areas
Administrative Law

Administrative Law in Hannover. From the decision to the court.

We advise municipalities, authorities, companies and developers on administrative law, public procurement, local government law, planning and environmental law.

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Local government law

Advice for municipalities, joint bodies and municipal companies

Decisions in local government sit between legal constraint, political will and commercial interest. Preparing a resolution properly is what keeps a by-law or a project from failing later.

  • Local constitutional law, the work of the council and its committees, and the limits of competence
  • Preparing and reviewing resolutions that will withstand scrutiny
  • Drafting and reviewing municipal by-laws
  • Inter-municipal cooperation, joint bodies and supervision by the state
  • Disputes between council organs and political groups
  • Where municipal companies and shareholdings are involved we work with our practice area Corporate Law
Public planning law

Development plans, permits and project development

Whether a housing, commercial or infrastructure project comes about is decided in public law, before the first contract is signed. We advise the public sector and private developers alike.

  • Adopting and amending local development plans and land-use plans
  • Whether a project is permissible under sections 30, 34 and 35 of the Building Code
  • Permit and preliminary ruling procedures, changes of use, exemptions and dispensations
  • Neighbour objections, neighbour actions and enforcement measures such as a prohibition of use
  • Applications for judicial review of a development plan
  • The private law side of the project is handled by our practice area Construction Law
Public procurement

Tender, award and review proceedings

In a procurement, time limits decide the outcome. A complaint raised too late is lost, and after notice of the intended award only a short standstill period remains. We advise contracting authorities and bidders, from the outset in each case.

  • Preparing tenders, the specification and the evaluation matrix
  • Reviewing bids, grounds for exclusion and requests for further information
  • Complaints, applications to the procurement tribunal and appeals to the higher regional court
  • Concession awards and procurements below the EU thresholds
  • Framework agreements and the terms of the contract are handled by our practice area Commercial Law
Urban development contracts

Contracts between a municipality and a developer

Larger developments run through contracts in which the municipality shifts obligations and costs onto the developer. The limit is proportionality: a disproportionate clause is void, even where both sides have signed.

  • Urban development contracts and development infrastructure agreements
  • Implementation agreements for project-related development plans
  • Agreements on the assumption of costs and of follow-on costs
  • Agreements on infrastructure works, including the securities provided
  • Where a developer fails, we secure the claims with our practice area Insolvency Law
Local charges and contributions

By-laws, costing and the demand for payment

A charge or a contribution only holds where the by-law and the costing hold. Errors in the area of account or in the calculation of cost make the whole demand open to challenge, on either side of the argument.

  • Drafting and reviewing by-laws on charges and contributions
  • Costing of charges and contributions, including the apportionment of cost
  • Development charges, road improvement contributions and other local levies
  • Reviewing demands, objections and actions before the administrative court
  • Passing municipal charges on to tenants is handled by our practice area Commercial Lease Law
Infrastructure and rights of way

Networks, pipelines and public highways

The shift in energy, the shift in heating and the build-out of the networks reach municipalities, utilities and network operators at the same time. Wherever a line is laid, the concession, the right of way and private ownership of the land meet.

  • Concession awards and agreements on the use of public highways
  • Licences and easements for electricity, heat, water and data lines
  • Dedication, reclassification and closure of public roads, paths and squares
  • Special use permits, special use by-laws and the commercial use of public space
  • The financing of municipal infrastructure is supported by our practice area Banking Law
Environmental and water law

Securing a project in environmental law

On infrastructure, industrial and property projects, environmental law often decides the schedule. An assessment that has to be repeated costs more than one that runs alongside from the start.

  • Emission control law, including permits and subsequent orders
  • Water and nature conservation law, licences and authorisations
  • Environmental impact assessment and strategic environmental assessment
  • Objections from neighbours and from associations, objections and actions
  • Where allegations arise under environmental criminal law, our practice area White-Collar Crime takes over
Administrative proceedings and litigation

Advice towards authorities and representation in court

We examine not only the legal position but also whether talking to the authority early reaches the goal faster than proceedings do. Where that does not hold, we act before the administrative courts throughout Germany.

  • Drafting and reviewing administrative decisions, by-laws and public law contracts
  • Support through permit procedures and hearings
  • Objection proceedings, actions to set aside and actions to compel a decision
  • Interim relief and judicial review of subordinate legislation
  • Access to files, freedom of information and rights to information, together with our practice area Data Protection

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Frequently Asked Questions

Answers to the most important questions

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How long do I have to challenge an administrative decision in court?
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One month from notification, provided the decision carries a proper statement of the available remedies. Where that statement is missing or wrong, the period extends to a year. Whether an objection has to be lodged first depends in Lower Saxony on the field of law, and the statement says so.

When does interim relief against an authority help?
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Where a decision on the merits would come too late because the authority is enforcing. An objection or action against a burdensome decision often suspends it automatically; where that is excluded or immediate enforcement has been ordered, an application under section 80(5) of the Administrative Court Act is the route. Where a permit is sought, an interim order helps.

For how long can a local development plan be challenged?
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By an application for judicial review of the plan within one year of its publication. Anyone whose own rights may be infringed by the plan has standing, for instance the owner of an affected plot. The higher administrative court has jurisdiction. After the year only a review within specific proceedings remains.

How much does a landowner pay towards development charges?
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A municipality may pass most of the eligible cost of first providing access infrastructure on to the adjoining owners, and bears at least ten per cent itself. How the cost is apportioned is set by its by-law on development charges. Errors in the by-law, the costing or the area of account make the demand open to challenge.

What is an urban development contract?
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An agreement between a municipality and a developer under which, for example, planning costs, infrastructure or follow-on costs are taken on. It has to be in writing, and the obligations agreed must be proportionate to the project. Disproportionate clauses are void, even where both sides have signed.

What can a bidder do if it suspects an error in the procurement?
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Raise the error with the contracting authority first, and do so in time, otherwise it is barred. Where the authority does not put it right, an application for review can be made to the procurement tribunal above the EU thresholds. After notice of the intended award only a short standstill period remains.

What to expect

How we work at activelaw

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You explain your situation to us, and we’ll review your documents. We’ll provide you with an initial assessment of your case as soon as possible.

02

Our promise

We advise and represent you in all legal matters until your case has been successfully resolved.

03

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Our experts will advise you on your chances of success and the specific options available in your case.