Dr Martin Fleckenstein

Dr Martin Fleckenstein

Dr Martin Fleckenstein

Berlin

T +49 30 52133 21110

Lawyer
Certified Specialist in Administrative Law
Partner
Industries Real Estate & Infrastructure , Energy

Areas of practice

Dr Martin Fleckenstein advises property companies, 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.

Practices
Vita

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 Urban Development and Infrastructure Committee (Fachausschuss Stadtentwicklung und Infrastruktur) and the Construction and Real Estate Industry Committee (Branchenausschuss Bau- und Immobilienwirtschaft) of the Berlin Chamber of Industry and Commerce (IHK), of 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.

Honors and distinctions
  • Best Lawyers (2023): Awarded "Lawyer of the Year" in "Land Use and Zoning Law", Award in "Public Law", "Environmental Law" und "Railroad Law"
  • The Legal 500 Germany (2022): Recommended in Environmental and Planning Law (“Dr Martin Fleckenstein is regarded as a key player in planning and has a strong network of contacts with administrative authorities; the practice is dealing with sophisticated urban development projects, residential building projects and monument protection law issues.”)
  • JUVE Guide (2021/2022): Mentioned as frequently recommended in “Public Sector - Environmental and Planning Law” (“very good advice”; “Grand seigneur, has great mandates, very renowned”)
  • Best Lawyers (2022): Awards in “Land Use and Zoning Law”", “Public Law”, “Environmental Law” and “Railroad Law”
  • The Legal 500 Germany (2021): Mentioned in Environmental and Planning Law
  • JUVE Guide (2020/2021): Mentioned as frequently recommended in “Public Sector - Environmental and Planning Law” (“top lawyer”, client; “strong in acquisition and quality of mandates”, competitor)
  • Best Lawyers (2021): Awarded “Lawyer of the Year” in “Land Use and Zoning Law” and awards in “Public Law”, “Environmental Law” and “Railroad Law”
  • The Legal 500 Germany (2020): Mentioned in Real Estate and Construction Law - Real Estate Law, as well as in Public Law - Environmental and Planning Law
  • Best Lawyers (2020): Awards in “Land Use and Zoning Law”, “Public Law” and “Environmental Law”
  • Best Lawyers (2019): Awards in “Land Use and Zoning Law”, “Public Law” and “Environmental Law”
  • Best Lawyers (2018): Awards in “Land Use and Zoning Law”, “Public Law” and “Environmental Law”
  • The Legal 500 (2018): Recommended in the category “Public Law - Environmental and Planning Law” (“competent and a strong negotiator”)
  • Handelsblatt / Best Lawyers - Deutschlands beste Anwälte (since 2016): Listed among “Deutschlands beste Anwälte” 2016, 2017, 2018 and 2019 in Public Business Law, Public Building and Planning Law, Environmental Law and Public Law
  • Handelsblatt (2015 and previous editions): Listed among “Deutschlands Beste Anwälte 2015” in Land Use and Zoning Law and Environmental Law
  • The Legal 500 (2016): Listed in “Real Estate and Construction Law”
  • JUVE Guide (2016/2017): Listed in “Berlin Region”, “Real Estate and Construction Law” and “Construction Law”
  • JUVE Guide (2015 and previous editions): “Frequently recommended” for Public Law
Clients

  • Adler Real Estate – development of residential areas in Schönefeld near Berlin, Dresden, Göttingen and Wolfsburg: comprehensive public building law advice, assistance with development plan procedures, drafting and negotiation of urban development contracts; public law advice on a property transaction regarding developing a large residential and commercial area in the immediate vicinity of the Berlin-Brandenburg Airport (BER)
  • Aroundtown – development of a mixed-use 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
  • Aroundtown – construction of new parts and conversion and renovation of existing parts of a luxury hotel: comprehensive advice on all historical monument protection law aspects
  • 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 underground train and 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
  • 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
  • Fininvest – renovation and conversion of the Berlin Renaissance Theatre: comprehensive historic monument protection and planning law advice and assistance
  • gsp – development of a 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; 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 the largest residential construction projects in Berlin-Lichterfelde Süd (2,500 apartments) 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 and “Grand Central” in Berlin-Mitte as well as at the Berlin Südkreuz: urban development contracts, building permit procedures
  • OFB – development of an office building (German Gazprom headquarters) at Potsdamer Platz in Berlin: urban development contract, building permit procedure
  • OVG/Edge – development of inner-city office and hotel projects, including the Berlin Humboldt harbour: urban development contracts, development plan procedures, permit and preliminary determination procedures
  • Perella Weinberg – development of the former Tacheles area in Berlin into a mixed urban district based on an old development plan: exemptions, urban development contract, historic monument protection law
  • Heidestraße development: public building law advice on the largest inner-city project development 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. – development of an area of land located at Berlin Zoo Station: expert assessment under public law/due diligence review during the transaction process, advice on the further urban development of the area as part of a development plan procedure carried out by the Berlin Senate, urban development contract
  • SIGNA – partial demolition and conversion of a department store for use as an office building; acquisition and development of a multi-storey building property in the Anschutz area – both Berlin: 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 project-related development plan procedure, drafting and negotiation of the implementation 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

Publications

Blog posts