Dr Martin Fleckenstein | LUTHER Rechtsanwaltsgesellschaft mbH

Dr Martin Fleckenstein advises property owners, investors, builders and project developers, companies from the housing industry and their respective associations and also the public sector, including public sector companies, on all matters pertaining to public real estate and building law, in particular planning and zoning law, including all relevant ancillary areas, such as historical monument protection law, road law and environmental law, special urban development law, as well as public, in particular municipal, business law and public procurement law. His services include advising on complex planning and permit procedures, drafting and negotiating (partly innovative) urban development contracts and neighbourhood agreements, as well as representing his clients in official procedures and administrative court proceedings. In addition, Martin Fleckenstein is consulted as an expert within the context of legislative procedures and with regard to current legal policy issues. Martin Fleckenstein is one of the Partners responsible for coordinating Luther’s Real Estate & Infrastructure practice group.

Real Estate
Environment & Planning Law, Regulatory
State, Administration, Public Undertakings
Public Procurement Law

Dr Martin Fleckenstein studied law at the Universities of Göttingen and Freiburg i. Br. (Germany), where he was awarded his doctorate for a thesis on a legal history topic in 1991. Since his admission to the German Bar in 1987, he has worked as a lawyer and, since 1996, as a certified specialist in administrative law. He joined Luther as a partner in 2015, where he is now responsible for the area of public business law with a particular emphasis on public real estate and building law. Previously, he was the partner responsible for public business law at the Berlin offices of Hammonds (from 2001 onwards) and SammlerUsinger (from 2009 onwards). Martin Fleckenstein is a visiting lecturer for public building law at the University of Münster (Germany) and a member of, inter alia, the “Growing and Bustling City” Committee (Ausschuss “Wachsende und lebendige Stadt”) of the Berlin Chamber of Industry and Commerce (IHK), the Urban Development Committee (Ausschuss Stadtentwicklung) of Zentraler Immobilienausschuss e.V. (ZIA), a German umbrella association for the real estate sector, and of the Real Estate Working Group (Arbeitskreis Immobilienwirtschaft) of the Association of Berlin-Based Merchants and Industrialists (Verein Berliner Kaufleute und Industrieller, VBKI). He is a speaker at specialist events and regularly publishes articles on public building and constitutional law in reference books and specialist journals.

JUVE Guide 2022/2023: Listed under "Frequently Recommended" in "Public Sector - Environmental and Planning Law" (first listed in 2020/2021, "Grand seigneur, has (…) great client mandates”, “very renowned”, competitor)
JUVE Guide 2016/2017: Listed under "Frequently Recommended" in "Real Estate and Construction Law"
The Legal 500 Germany 2022: Recommendation in "Public Law - Environmental and Planning Law" (first listed in 2018, “Dr Martin Fleckenstein has a strong network of contacts with administrative authorities and is trusted by both sides. This allows solutions to be found in a diplomatic way.”)
The Legal 500 Germany 2020: Listed in "Real Estate and Construction Law" (first listed in 2016)
Best Lawyers 2024: Recommendation in "Environmental Law" (first recommendation in 2013), "Land Use and Zoning Law" (first recommendation in 2014), "Public Law" (first recommendation in 2017) and "Railroad Law" (first recommendation in 2021)
Best Lawyers 2023: Award "Lawyer of the Year" in "Land Use and Zoning Law" (first award in 2021)

Adler Real Estate – development of residential areas in Berlin, Schönefeld, Dresden, Göttingen and Wolfsburg: comprehensive public building law advice, assistance with development plan procedures, drafting and negotiation of urban development contracts
Aggregate – development of a residential, core and urban area in the centre of Berlin-Neukölln: comprehensive public building law advice, development plan procedure, drafting and negotiation of the second urban development contract
Aggregate – expansion of the city centre of Neuss a. Rh., conversion of harbour and commercial areas: comprehensive public building law advice, negotiation of an urban development contract
Aroundtown – development of a commercial multi-storey building area in Berlin: comprehensive public building law advice, assistance with the project-related development plan procedure, drafting and negotiation of the implementation contract
Building companies’ association BBU (Verband Berlin-Brandenburgischer Wohnungsunternehmen e.V.) – expert opinions on a legislative project, the Berlin model for the cooperative development of building zones, and the so-called “rent referendum”
Berliner Verkehrsbetriebe (BVG) – advice on and assistance with plan approval procedures on behalf of the party responsible for the project in connection with the planning of tram lines in Berlin
Institute for Federal Real Estate (Bundesanstalt für Immobilienaufgaben, BImA) – securing the current use of, and the building rights for, the former guest house of the federal government on the Petersberg near Bonn: expert opinion and contractual agreement with the participation of the Federal Republic of Germany and the Town of Königswinter
Brookfield Properties – conversion and refurbishment of Potsdamer Platz, a square in Berlin, including the shopping centre “Potsdamer Platz Arkaden”: public building law advice and assistance, including a public law contract regarding converting the public road Alte Potsdamer Straße
German Federal Ministry of Defence – acquisition of the MV shipyard in Rostock for the maintenance of the German Navy and NATO units in the Baltic states: public-law due diligence review regarding building and environmental law issues, negotiations with the government of the German state of Mecklenburg-Vorpommern, lead on the transaction
CA Immo/Deutsche Bahn, Heidestraße GmbH development – urban redevelopment of a 40 ha inner-city area in Berlin, to the north of Berlin Central Station: framework urban development agreement, assistance with various development plan procedures taking into account the requirements of the Berlin model for the cooperative development of building zones, (individual) urban development contracts, neighbourhood agreements
Deutsche Wohnen – development of a residential area with 1,000 apartments subject to inclusion of listed industrial monuments in Berlin Treptow-Köpenick: comprehensive public building law advice, urban development contract
EDGE/OVG – development of inner-city office and hotel projects, including the Humboldt harbour/“Grand Central” in Berlin: urban development contracts, development plan procedures, permit and preliminary determination procedures
Fininvest – renovation and conversion of the Renaissance Theatre: historic monument protection advice, development of a renovation plan in collaboration with the Berlin monument protection authorities, assistance with the building permit procedure
gsp – development of the residential multi-storey building “Tower 90” in the “Europaviertel” district of Frankfurt on Main: development plan procedure, building right upon the development plan reaching a form in which it is likely to be adopted, joint builders of underground car park
gsp – development of the residential multi-storey building “Grand Tower” in Frankfurt on Main: public building law advice and defence against all neighbour’s claims under building law during construction
State of Berlin – drafting and negotiation of the second urban development contract along with ancillary agreements regarding offsetting the effects of one of Berlin’s largest residential construction projects in Berlin-Lichterfelde Süd (2,500 apartments, Berlin District Office of Steglitz-Zehlendorf) under nature conservation law
State of Berlin – conducting all administrative proceedings regarding the planning law in relation to what has become known as “Checkpoint Charlie”
State of Berlin and WISTA.Plan – urban restructuring and redevelopment of a former industrial area: agreement preventing the exercise of the municipal right of first refusal and acquisition of areas located in the urban development area Berlin-Adlershof
LIP – development of residential, commercial and office buildings at Humboldt harbour in Berlin-Mitte as well as at the Berlin Südkreuz: urban development contracts, building permit procedures
OFB – development of an office building (German headquarters of a gas company) at Potsdamer Platz in Berlin: urban development contract, building permit procedure
PWR – development of the former Tacheles area in Berlin into a mixed urban district based on an old development plan: exemptions from the old development plan, urban development contract, historic monument protection law
Heidestraße development – public building law advice on one of the largest inner-city project developments in Germany, as distinct from development law: drafting and negotiation of a framework urban development agreement and individual urban development contracts and neighbourhood agreements; advice on all development plan procedures
Redevco – development of a commercial, office and residential building at the first C&A location in Germany, Berlin-Alexanderplatz: development plan procedure, urban development contract, neighbourhood agreement with Deutsche Funkturm GmbH with regard to the Berlin television tower, special use
Reiß & Co. – sale of a piece of land for the construction of a giant observation wheel: expert assessment under public law/due diligence review, advice on the further urban development of the area as part of a development plan procedure carried out by the Berlin Senate, development plan procedure, reallocation of land, urban development contract
Saxovent – development of residential building projects in wood in Heiligendamm and Berlin, comprehensive public building law advice, development plan procedures, urban development contracts
SIGNA – partial demolition and conversion of a department store at Berlin Ostbahnhof for use as an office building: assistance with the building permit procedure pursuant to Section 34 German Building Code
SIGNA – acquisition and development of a multi-storey building property in the Berlin Anschutz area: comprehensive public building law advice
Stiftung Exilmuseum – development of a museum site on a piece of land belonging to the State of Berlin: comprehensive public building law advice, assistance with the development plan procedure, drafting and negotiation of the urban development contract based on a heritable building right
Tishman Speyer – renovation and structural additions to the so-called “Pressehaus” located at Berlin Alexanderplatz: assistance and advice regarding public building law issues, including historical monument protection law; public building law advice on new acquisitions
ZBI – development of a residential area with 1,200 apartments subject to inclusion of listed industrial monuments in Berlin-Spandau: comprehensive public building law advice, urban development contract