Real Estate &
Infrastructure

The experienced members of our “Real Estate & Infrastructure” team can advise providers and interested parties on all asset classes. They know the markets and are aware of the different requirements of their clients. Taking a creative approach, they can further develop proven models or pioneer new ways. After all, each project is as unique as the client behind it. We combine all the relevant specialisations on a project-by-project basis and can also find the right solution for your project.

In the real estate industry, we advise on all asset classes from development (building law, financing, award of the contracts) to planning and construction (contracts, financing) up to and including use/sale (tenancy law, management of portfolio properties). You can also rely on our expertise in the areas of investment (structuring, transactions, financing, letting, leasing, franchise, brokering) and management (asset, facility, property, groups of buildings, B+D). These services are complemented by our great expertise in tax law and the services provided by our notaries.

Real estate law requires a change of perspective: this is because each matter is as unique and complex as the client behind it. An advisor who wants to advise a tenant just as competently as an investor or asset manager needs to be aware of the different requirements – and have the necessary creativity to meet these requirements. This is why we have real estate experts in almost all our offices. A group of advisors with industry experience who are able to find the appropriate creative solutions to your individual issues.

As transaction managers, we advise investors on how to successfully complete their deals in Germany and across the world. For asset managers, we can be a pragmatic and creative partner in all legal and tax matters who can help manage and optimise real estate portfolios. We can advise project developers on how to best manage their projects so as to jeopardise neither the quality nor the profitability of the project. The users or operators of a property are the classic counter parts and work on a daily basis with investors and managers and their lawyers. We know both sides and, therefore, are once more the ideal strategic and competent partner who can help you achieve your goals.

We address eight classes of real estate assets in this large, complex market, each with individual operators and needs that can count on our extensive experience and tailor-made solutions.

Our asset classes in detail

Office

There is no other asset class on the German real estate market that is so heavily and so readily invested in as office space. Whilst rising property prices and capacity bottlenecks in the construction industry pose major challenges to developers, owners and investors, the demand in office property is increasing, especially in terms of flexibility, energy efficiency and sustainability.

Digitalisation is putting new trends and opportunities on the agenda, such as 5G connectivity, and in doing so providing opportunities for new market participants to establish themselves in the office market with their concepts. Co-working, analysing under-utilised office space, marketing temporarily unused spaces to third parties and safety and hygiene concepts are just a few topics that are rapidly gaining importance.

We offer market-leading advice in all areas affecting the entire life cycle of an office property. Our clients are national and international developers, owners, private and institutional investors, professional pension funds, banks and insurance companies.

Our legal expertise is underpinned by our desire to always understand the business from our clients’ perspective. When business and economic cycles in the office market are fluctuating, we monitor and interpret market movements and help our clients meet the challenges they face when doing business, for example in the areas of digitalisation, green building, energy efficiency and security.

Our clients benefit from our comprehensive understanding of each area of law, our strong local connections and our cross-practice understanding of the office asset class. We can advise our clients on their day-to-day operational issues as well as on complex transactions that are critical to their success. We have worked on numerous office projects from the outset and have proven our creativity and innovative strength.

Economic infrastructure

Ports, railways, roads, power plants, supply and disposal facilities and communication networks are the core areas of economic infrastructure. In addition to their purpose within the framework of public welfare, corresponding economic goods are assets that are traded and financed.

Political developments and requirements change the framework and market conditions, as well as the respective transactions.

All projects and transactions in the area of economic infrastructure have a considerable legal breadth and complexity in common. This applies in particular when it comes to new and innovative techniques or structures for which there are often no blueprints. Long term capital-intensive investments need to be properly secured and our team of experienced lawyers from all relevant legal areas are at your disposal, whether to advice on a transaction, cooperation, reorganisation or restructuring, or contentious dispute.

Social infrastructure

Projects in the area of social infrastructure are complex from a legal perspective, and also due to the large number of stakeholders and the high level of political and public attention that they receive. Also with regard to funding projects, the legal risks are high and, therefore, so is the need for advice. Particular challenges such as investment backlogs, financing partly with private participation, AI-based award procedures and green building, further increase the need for advice. As a result of the advisory services that we have rendered to the public sector and its private partners in the past, we know the recipe for success when it comes to public projects. We combine legal certainty and project success.

For example, our clients entrust us, in particular, with the following areas:

  • Designing the budgetary basis
  • Procurement and use of funding
  • Administrative organisation for the tasks of a builder
  • Procuring building rights and securing land
  • Organising agile concepts and ideas competitions
  • Implementing models for the cooperative development of building land
  • Developing and optimising modern public procurement concepts
  • Drafting and maintaining the portfolio of contracts in accordance with current market standards 
  • Devising public-private partnerships and cooperations
  • Legal and technical project management in public building projects
  • Obtaining certainty with regard to costs through contract, change order and conflict management
  • Compliance and taxation of the public sector
Industry & logistics

The implementation of construction and infrastructure projects is subject to a large number of complex legal requirements that need to be observed both when applying for approval and when carrying out a project.

In the coming years, more focus will be put in particular on environmental issues. They are becoming increasingly more important to companies at each individual operational stage, but also in the context of building and planning law. Climate change also requires radical changes be made with regard to the consumption of fossil fuels, but at the same time, there is a reluctance to accept technologies which are perceived as critical (e.g. nuclear energy, CCS). It is important to preserve agricultural areas to allow for the production of food for a growing world population and for the production of renewable raw materials.

These developments involve significant risks for the companies concerned, however, at the same time, new opportunities can open up in the area of products and services which protect the environment, in the broadest sense. This refers, in particular, to the building of energy efficient machines and plants as well as the production of plants to produce renewable energy and also the real estate industry, insofar as they reduce the real estate industry’s energy needs considerably and replace them with renewable energies.

Luther advises companies on the following issues:

  • Environment & planning law, regulatory
  • Project development measures
  • The law governing the protection of historical monuments/ buildings
  • Building law
  • Fire prevention and protection
  • The law governing the organisation of events
  • Municipality law

Our industry “Mobility & Logistics”

The automotive and vehicle construction industry is traditionally one of the largest and strongest in Germany. At the same time, Germany is also one of the leading logistics locations worldwide. This is why we place such an important focus on the “Mobility & Logistics” industry in our advisory services. A large number of big German industrial clients and internationally operating medium-sized companies from the areas of automotive, logistics, air, rail and sea rely on our expertise in all legal matters, including tax law.

Hotel & leisure

As the owner, investor or operator of a property with a special use (e.g. hotel, spa/sports facility, leisure pool/spa, cinema/theatre, casino, etc.) you face special challenges. You operate in a special market environment, you have to know its characteristics and its players, and at the same time keep an eye on the requirements of the respective project.

You can rely on us to deal with your legal, tax and strategic issues. In close cooperation with specialists from the respective industry, we can advise you and your partners on an equal footing. As professionals at your side, we can deliver creative, customised and pragmatic solutions for your project. As the owner of a property where special use is planned, you may face issues that you would not normally come across in your day-to-day business. As an investor and operator, you depend on your advisor to have comprehensive knowledge of the industry and the typical issues that arise.

Third-party usability, long terms, lack of benchmarks, increasing demand and increasing competition, pressure from digitalisation, new technologies, innovative usage concepts, etc., we know the specific challenges you face in your environment and can support you in all matters. We are also familiar with the increasing demands caused by terrorism, climate change and pandemics, and we think proactively about them.

Our team of researchers closely monitors trends in the respective industry and develop customised contractual or usage concepts to implement your innovative projects that meet the various requirements and observe the legal framework conditions.

We offer the following:

  • Developing structuring models (participation models, structuring under company law, concession models, structuring of selection and award procedures, clarification of structuring under real estate law)
  • Advice on transaction financing
  • Clarifying issues relating to funding and state aid law
  • Contract advice, taking into account the specifics of the relevant industry
  • Cooperation with technical and economic advisors
  • Accompanying the building phase
  • Clarifying issues in the course of the operations and supporting conflict resolution or the implementation of adjustments to the contractual framework

As the owner, operator or project developer of a special property, you bear responsibility for a special project with special usage requirements, the success of which over a considerable period of use depends to a large extent on setting up the project correctly and taking into account the different interests of those involved in the project. At the same time, you must keep an eye on the quality and profitability of the project. As experienced legal project managers, we know the challenges of project development and its stumbling blocks and have everything you need for the successful implementation.

Residential

Residential property is now part of a highly regulated market. The demands on developers, construction companies, property owners and their asset managers, in particular, have steadily increased. The disparity between cost and sales is widening due to rising construction costs and building regulations on the one hand, and the restriction of rental income on the other. In times where changes are being made rapidly, the residential sector nevertheless remains an asset class with the highest security and is, therefore, particularly attractive.

Residential property changes with changing user expectations; residential project developments are complex. Apartments, for example, can become part of a data-based business model and at the same time a place where the protection of sensitive data is of particular importance. Social housing is meant to provide fixed-price housing and be part of the urban policy. New developments and environmental protection must be harmonised. We accompany and advise our clients, their associations and partners during specific projects and also with any other requirements outside of the specific project. With our specialised lawyers and tax advisors, we can guide you through the complexities to ensure you achieve marketable solutions.

Trade

Digitalisation has significantly changed the retail trade. Increasing online trade is putting a strain on revenue in the industry. If retailers want to remain viable in the long term, they have to stand out from the competition on the internet. You need to know your customers and their demands/needs in order to provide the best stationary service for them. At the same time, you need to complement and support this service with digital measures.

There are still many trends and challenges ahead for the retail sector (24/7 service, adventure shopping, repurposing, drones, self-checkouts, etc.).

Urban sprawl and the changing of city centres make it difficult to choose the right location, and also raises the question of the future of shopping centres.

Our experienced lawyers can assist you in all legal, tax and strategic matters. We understand the different requirements and have the necessary expertise and creativity to meet them.

Property transactions

Luther can provide real estate law advice from seven locations in Germany. More than one third of our lawyers in this advisory area focus on real estate transactions; of these, six also work as notaries.

Our transaction experts can advise you on the purchase and sale of real estate. Whether by way of an asset or share deal, (complex) portfolio or individual transactions, forward (funding) deals for project developments or joint ventures, our lawyers, who have many years of experience, can structure and accompany your transaction from the letter of intent to the closing. Our clients are institutional investors, such as insurance companies and professional pension funds, national and international investors and funds, medium-sized but also listed companies, wealth managers, such as foundations and family offices, project developers, private individuals and public sector companies. We advise both the buyer and the seller.

Our expertise in real estate transactional legal advice initially includes the legal and tax structuring of the transaction, in accordance with our clients’ objectives and needs. Naturally, the respective tax situation and, if applicable, existing regulatory requirements will also be taken into account. To this end, we work together closely with our colleagues in the areas of tax and supervisory law so that, depending on your needs, we can also advise you on specific topics of tax, investment and insurance supervisory law “from one source”. Similarly, our banking and capital market experts with many years of market experience can already advise you during the structuring phase of your transaction. In particular, they can also provide advice in the areas of acquisition and real estate financing or leasing.

We can also support you with the coordination and organisation of your real estate transaction. In consultation with you, we can also work together with national and international cooperation partners as part of the transaction, if required by the mandate. In addition to our own offices in ten important locations in Europe and Asia, we have established relationships with leading commercial law firms worldwide to deal with international issues.

We are, therefore, able to support our German clients with their projects abroad just as comprehensively as our international clients with their projects in Germany. On a national level, we have established relationships with highly qualified consultancy firms, such as economic, technical or even environmental consultants. Thanks to the cooperation with these partners, which has been tried and tested on a large number of transactions and construction projects, we can put together and coordinate an interdisciplinary team for your transaction that can cover all the areas that are relevant for your transaction.

The lawyers in our transaction team are familiar with how real estate transactions are executed in accordance with the respective current legal and economic standards. A legal and tax due diligence can be carried out by teams who have been tailored to deal with the respective transaction. Due to the strength of our transactional law team and cooperation across locations, we are able to bundle the necessary capacity needed to deal with large-volume residential real estate transactions and support you in an agile manner. In addition to the acquisition audit, we can also advise you in the event of the sale of real estate and, for example, compile the information necessary for a structured sales process for you, coordinate the preparation of the data room and prepare the legal fact book.

In addition to drafting and negotiating the respective purchase agreement for the real estate transaction, we can offer comprehensive advice on all other transaction-relevant agreements. For us this also means providing advice in connection with the financing of the property, including negotiating and preparing the loan and collateral provision agreements as well as the financing documentation by our financing experts. Our transaction team can also draft any additional agreements that may be transaction-relevant, such as agreements under land law, neighbours’ agreements, tenancy and lease agreements, agreements on private sector property law or private building and architectural law as well as agreements under data protection law.

The transaction team is part of our real estate team. Therefore, you can expect comprehensive advice from us even after the completion of your transaction. Throughout the entire development cycle of a property, from the planning, building or purchase phase, including financing, up to and including use and sale, we have over 80 lawyers at seven locations who are at your disposal to advise you in the area of real estate and building law - forming what is probably the largest real estate law practice in Germany. We, therefore, have a wide range of experience, particularly in the residential asset class, irrespective of whether we are dealing with classic residential portfolios or whether we are advising you on more specialised forms of housing, such as student housing, serviced apartments or boarding houses.

Our practice areas

  • Legal and tax structuring of the transaction
  • Developing and implementing optimised exit strategies in the event of a sale
  • Drafting and negotiating the letter of intent
  • Coordinating and organising the transaction, if necessary, also with the involvement of and in coordination with the client’s other (technical) advisors
  • Steering the sales process, also in bidding procedures
  • Comprehensive legal and tax due diligence; in the case of the seller, also advising on preparing and creating a data room, coordinating the Q&A process, creating a legal fact book
  • Drafting and negotiating the (share) purchase agreement and all other transaction-related agreements
  • Advice in connection with transaction insurance

Legal post-closing management, e.g. defending against claims for defects and enforcing claims Luther Rechtsanwaltsgesellschaft

Referenzen

Alpha Industrial GmbH & Co. KG
Neubau des Bundesministeriums für Bildung und Forschung (BMBF) am Standort Kapelleufer in Berlin im Rahmen eines ÖPP-Verfahrens
BNV Mobility NL (joint venture von Ned mobiel N.V. und Brisa inovacao e technologia S.A.)
Europäische Investitionsbank
Entwicklungsgesellschaft Zollverein: Umfassende baubegleitende Rechtsberatung im Zusammenhang mit dem UNESCO-Weltkulturerbe „Zeche Zollverein"
Koelnmesse GmbH
Landkreis Sächsische Schweiz
Philip Morris Research Laboratories GmbH
Provinzial Rheinland Versicherung AG
Treveria PLC, Isle of Man (Britischer Immobilien-Fonds)
Universitätsklinikum Bonn
Universitätsklinik Essen
Vattenfall Gesellschaften
Zapf GmbH, Bayreuth

Key Contact >>

Key Contact

Dr Martin Fleckenstein

Partner

T +49 30 52133 21110

Dr Thomas Gohrke

Partner

T +49 511 5458 0

Achim Meier

Partner

T +49 201 9220 24022

Team Real Estate & Infrastructure

Dr Stefan Altenschmidt, LL.M. (Nottingham)
Partner
Dusseldorf

Antje Alber
Counsel
Berlin

Dr Björn Arndt, LL.M.
Senior Associate
Essen

Nicole Bittlingmayer
Partner
Frankfurt a.M.

Jens Bock
Partner
Berlin

Dr Michael Bormann
Partner
Dusseldorf

Bernhard Burkert, LL.M. (Stellenbosch)
Counsel
Berlin

Theresa Becker
Senior Associate
Leipzig

Heinz-Peter Dicks
Of Counsel
Essen

Dr Sabrina Desens
Senior Associate
Leipzig

Freya Dabisch
Associate
Leipzig

Kürsat Demirci
Associate
Berlin

Dr Martin Fleckenstein
Partner
Berlin

Christiane Frye
Senior Associate
Essen

Nawid Farajzadeh
Associate
Essen

Katharina Stefanie Franke
Associate
Essen

Jacqueline Fries
Associate
Essen

Dr Thomas Gohrke
Partner
Hanover, Leipzig

Frank Gutsche
Partner
Stuttgart

Tatjana Giutronich, LL.M. (Australien)
Senior Associate
Hanover

Patrick Gocht
Senior Associate
Leipzig

Dr Richard Happ
Partner
Hamburg

Denise Helling
Senior Associate
Dusseldorf

Paul Herter
Associate
Stuttgart

Dr Juliane Hoss
Associate
Dusseldorf

Dr Bela Jansen
Partner
Frankfurt a.M.

Dr Gerd-Ulrich Kapteina
Partner
Essen

Doreen König
Partner
Berlin

Michael Kunkel, LL.M.
Partner
Cologne

Anna Knappstein
Senior Associate
Cologne

Jens Kaiser
Associate
Leipzig

Louisa Kimmig
Associate
Berlin

Nils Kramer
Associate
Essen

Dr Piotr Kwiatkowski, LL.M.
Associate
Essen

Jan Lachhein
Associate
Essen

Achim Meier
Partner
Essen

Andreas Mally
Counsel
Leipzig

Dianusch Nazari
Counsel
Frankfurt a.M.

Dr Nora Otoo, LL.M.
Senior Associate
Essen

Dominik Oesch
Associate
Leipzig

Henner-Matthias Puppel
Partner
Essen

Anna-Sophia Riebeling
Associate
Frankfurt a.M.

Dr Barbara Schmidt
Partner
Leipzig

Ulrich Siegemund
Partner
Frankfurt a.M.

Detlev Stoecker
Partner
Berlin

Florian Schwuchow, LL.M. (Melbourne)
Counsel
Berlin

Dr Frank Seidel
Counsel
Frankfurt a.M.

Dr Florian Schuhmacher
Senior Associate
Berlin

Annika Sokolka
Associate
Berlin

Johannes Stickel
Associate
Dusseldorf

Ruth-Maria Thomsen
Partner
Frankfurt a.M.

Dr Frederic Tewes
Senior Associate
Dusseldorf

Lisa Todeskino
Senior Associate
Essen

Mareen van Loosen
Associate
Cologne

Matthias Wagner
Partner
Frankfurt a.M.

Ingo Wegerich
Partner
Frankfurt a.M.

Professor Dr Herbert Willems
Partner
Essen

Christian Wensing LL.M. (London)
Associate
Dusseldorf

Prof. Christian Zanner
Partner
Berlin

Manuel Zimmermann, LL.M. (Haifa), EMLE
Senior Associate
Frankfurt a.M.

Events

29.06.2021 Frankfurt a. M.
Save the date
Real Estate Investment Day 2021
Lecture >>