Construction Law in Hannover. From the site to acceptance.
We guide developers, investors and design firms through project development, contract drafting and disputes arising on site.

Land, developer contract and sale of the units
A development project requires land purchase, design, construction and sales to work together precisely. Template contracts rarely meet the requirements of the Estate Agents and Developers Ordinance or of the case law. We build the contractual architecture of the project.
- Land purchase agreements, including the review of rights of way, building encumbrances and easements
- Developer contracts under the Estate Agents and Developers Ordinance and declarations of division for the sales process
- Payment schedules tied to construction progress, priority notices and the release of encumbrances
- Project companies and joint ventures, coordinated with our practice area Corporate Law
- Securing liquidity across all construction phases, together with Banking Law
Fees, scope of services and the liability of designers
The relationship between employer and designer carries considerable potential for conflict: over the scope of services owed, over fees, and over design or supervision errors. We create clarity before the first spade goes into the ground.
- Architect, lead designer and engineering contracts with a clear delineation of the services owed
- Fee disputes under the HOAI and the pursuit of claims for additional services
- Defending and pursuing claims for design or construction supervision errors
- Acting beyond authority on site and the unauthorised placing of orders
- Questions of professional indemnity cover, together with our practice area Insurance Law
Variations, disruption and construction time
A construction project succeeds where conflicts are resolved before they block progress. We support the project management in day-to-day operations and keep the site able to function.
- Negotiation of contracts with main contractors and subcontractors and the enforcement of claims under them
- Variation management on both sides, meaning resisting unjustified cost increases and pursuing justified ones
- Recording delays, notices of disruption and disturbed sequences as the basis for liquidated damages, additional costs or damages
- Acceptance, reservations and the shift in the burden of proof
- Where a project partner faces insolvency we secure materials and progress together with Insolvency Law
Planning law as a factor in schedule and costing
For a project, public planning law is above all a scheduling risk. Every month of delay costs interest, and a neighbour objection can push back the start of works even though the permit has been granted. We make that risk visible early and secure it contractually.
- Assessment of whether a permit is achievable before acquisition, and reflecting the outcome in the purchase agreement through withdrawal rights or a price adjustment
- Securing individual questions through a preliminary or partial permit before the main application
- Consequences of building before the permit becomes final, aligned with the requirements of the financing bank
- Allocation of permit risk in the building contract and the architect contract, in particular for construction time and disruption
- The planning law assessment itself, from land-use planning to neighbour protection, is handled by our practice area Administrative Law
Defects, payment and enforcement on site
Where a dispute over defects, payment or a termination cannot be avoided, the way the facts are worked up from day one decides the outcome. Construction cases are long and technical, so we start with the evidence.
- Independent evidence proceedings to secure evidence of defects in a form that holds up in court
- Actions before the regional and higher regional courts to recover payment or enforce liability for defects
- Arbitration and mediation as a faster and confidential alternative
- Limitation of claims for defects and the means of suspending it
- Working with experts, from their selection to challenging the report
Find the right adviser
Answers to the most important questions
Can’t find your question here? Please get in touch! We’ll usually get back to you within two working days.
Must a developer contract be notarised?
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Yes. Because a developer contract includes the obligation to transfer land or a condominium unit, it requires notarial recording. Without it the contract is void. We can carry out the recording in our own notarial office and agree the drafting with you beforehand.
When may a developer ask for payment?
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Only in line with construction progress and in the instalments permitted by the Estate Agents and Developers Ordinance. Further conditions must be met first, such as the entry of a priority notice and the release of encumbrances. Payment schedules that depart from this to the purchaser disadvantage are void.
For how long is a contractor liable for defects in a building?
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Claims for defects in buildings normally become time-barred five years after acceptance. Acceptance is therefore the decisive moment; the burden of proof and the maturity of the payment also turn on it. Defects known at acceptance should be expressly reserved.
Are the HOAI fee scales still binding?
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No longer as mandatory minimum and maximum rates. Since 2021 fees for architects and engineers can be agreed freely, and the tables serve as guidance. Where there is no effective agreement in text form, the basic rate applies. Disputes usually concern the scope of services rather than the amount.
What are independent evidence proceedings?
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Court proceedings in which an expert establishes defects and their causes, either before or without a full action. This secures evidence before it is lost through further building or remedial work, and it suspends limitation. The findings count in any later action as if the evidence had been taken by the trial court.
Who bears the risk if the building permit arrives later than planned?
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That follows the contract. Without an express provision the employer usually bears it, because the permit is allocated to their sphere. Construction time, disruption and the consequences of a delayed permit therefore belong in the building contract, as do rights of withdrawal in the land purchase agreement.
How we work at activelaw
01
Your information
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.
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Our promise
We advise and represent you in all legal matters until your case has been successfully resolved.
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Your opportunities
Our experts will advise you on your chances of success and the specific options available in your case.

