Dr. Martin Fleckenstein

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, zoning law including all relevant ancillary areas, such as historical monument protection law, road law and environmental law, as well as public, in particular, municipal, business and procurement law. His services include advising on complex planning and permit procedures, the drafting and negotiation of (partly innovative) urban development contracts and neighbourhood agreements, as well as representing his clients in official procedures and administrative court proceedings. In addition, Dr Martin Fleckenstein is consulted as an expert within the context of legislative procedures and with regard to current legal policy issues.

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

Dr Martin Fleckenstein was born in 1959. He 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). Dr Martin Fleckenstein is a visiting lecturer for public building law at the University of Münster (Germany) and a member of, inter alia, the Infrastructure, Urban Development and Construction Committee (Fachausschuss Stadtentwicklung und Infrastruktur, des Branchenausschusses Bau- und Immobilienwirtschaft) of the Berlin Chamber of Industry and Commerce (IHK) 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 regularly publishes articles on public building and public procurement law in reference books and specialist journals.

• The Legal 500 Deutschland (2020): Mention in Real Estate and Construction Law - Real Estate Law as well as in Public Law - Environmental and Planning Law
• Best Lawyers (2020): Award in "Environmental Law", "Land Use and Zoning Law", "Public Law"
• Best Lawyers (2019): Award in "Environmental Law", "Land Use and Zoning Law", "Public Law"
• Best Lawyers (2018): Award in "Environmental Law", "Land Use and Zoning Law", "Public Law"
• The Legal 500 (2018): Recommended in the category "Public Law - Environmental and Planning Law"
• Handelsblatt / Best Lawyers - Deutschlands beste Anwälte (since 2016): Listed in Environmental Law, Land Use and Zoning Law as well as Public Law (2018)
• Handelsblatt (2015 and previous editions): „Deutschlands Beste Anwälte 2015“ Listed in Environmental Law, Land Use and Zoning Law
• The Legal 500 (2016): Listed in "Real Estate"
• JUVE Guide (2016/2017): Listed in "Region Berlin", "Real Estate" and "construction law"
• JUVE Guide (2015 and previous editions): „Häufig empfohlen“ für Öffentliches Recht

• Adlershof project – urban reorganisation and redevelopment of a former industrial site; agreement to avoid right of first refusal, and acquisition of land in the urban development area Adlershof
• Bauwens - development of a residential and commercial area in Berlin-Charlottenburg (former “Werkbund city”); provision of all the required public building law advice and assistance with a development plan procedure
• 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 parties responsible for the project in connection with the planning of tram lines in Berlin
• Federal Institution for the Management of Public Properties (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
• CA Immo/Deutsche Bahn, Heidestraße Invest – 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
• 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
• Great Berlin Wheel – sale of a property for the construction of a big observation wheel; public-law assessment/due diligence; advice on the further urban development of the area within the framework of a development plan procedure of the Berlin Senate
• gsp – development of two residential multi-storey buildings (“Grand Tower”, “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 garage
• LIP – development of residential, commercial and office buildings at the Berlin Humboldt harbour and Berlin Südkreuz; urban development contracts; building permit procedure
• OFB – development of an office building (German Gazprom headquarters) at Potsdamer Platz in Berlin; urban development contract; building permit procedure
• OVG – development of inner-city office and hotel projects, inter alia: Berlin Humboldt harbour; urban development contracts; development plan procedures; permit and preliminary determination procedures
• Perella Weinberg – development of the former Tacheles area into a mixed urban district based on an old development plan; exemptions; urban development contract; historic monument protection law
• 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
• 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
• Tishman Speyer – renovation and structural additions to the so-called “Pressehaus” located at Berlin Alexanderplatz; expert assessment and advice regarding public-building-law issues, including monument protection law
• WISTA-Plan - development of residential areas in Dresden, Göttingen, Wolfsburg; provision of all the required public building law advice, assistance with development plan procedures; drafting and negotiation of urban development contracts
• 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