Best Real Estate Lawyers in Germany

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Founded in 2007
English
LEGALIS.Anwälte Partnerschaft Ramsperger Stehle, established in 2007, is a distinguished law firm based in Biberach and Bad Waldsee, Germany. The firm offers comprehensive legal services across various domains, including family law, inheritance law, criminal and victim protection law, labor law,...

English
JUCKNISCHKE /// ADVO-KONTOR /// RECHTSANWALT - JENA is a dynamic and service-oriented law firm located in close proximity to the new Justice Center in Jena, encompassing the Amtsgericht Jena, the Thuringian Higher Regional Court, and the Labor Court Jena. With over 25 years of experience, the firm...

Founded in 2011
English
BERTOLL BAUER RAIM Partnerschaft Rechtsanwälte und Fachanwälte is a distinguished legal practice based in Germany, offering specialized expertise across multiple areas of law. The firm’s core strengths encompass estate planning, family law, labor law, social security law, real estate law, and...
Hillmann & Partner
Oldenburg, Germany

English
Hillmann & Partner, located in Oldenburg, Germany, is a distinguished law firm offering comprehensive legal services across multiple practice areas. The firm's expertise encompasses criminal justice, employment law, personal injury, real estate, and general legal services, providing clients with a...
SAMP SCHILLING & PARTNER
Berlin, Germany

English
SAMP SCHILLING & PARTNER is a Berlin-based law firm specializing in real estate, mergers and acquisitions (M&A), and energy law. The firm's attorneys have extensive experience from leading international law firms, providing clients with comprehensive legal expertise and a deep understanding of...

English
Eckermann & Hartmann Rechtsanwälte Partnerschaftsgesellschaft mbB is a distinguished law firm based in Germany, offering comprehensive legal services with a focus on family law, general legal counsel, and notarial services. The firm operates from multiple offices, including locations in Heide,...

Founded in 1952
English
Graml & Kollegen Rechtsanwälte, established in 1952 in Regensburg, Germany, has been providing comprehensive legal services for over 70 years. The firm specializes in various areas, including administrative law, business law, estate planning, medical law, and real estate law. Their team of...

Founded in 2000
English
Kanzlei SCHULTE RECHTSANWÄLTE, a Rechtsanwaltsgesellschaft mbH located in Germany, is renowned for its comprehensive legal services across multiple practice areas. The firm brings a wealth of expertise to the table, specializing in employment law, estate planning, general legal practice, and real...
Kanzlei Einarsson
Winsen, Germany

Founded in 2016
5 people in their team
English
Kanzlei Einarsson is a German law firm based in Winsen (Luhe) offering both notarial and legal services. The practice has operated in a shared office with Kanzlei Kallus in Winsen since 2016, and Johanna Einarsson founded the firm in February 2016. This arrangement enables a seamless approach to...

English
Pannenbecker, Decka & Kollegen advises individuals, families, and businesses in Germany across criminal defense, family law, employment matters, real estate, and private client work. The team combines courtroom advocacy with notarial capabilities, enabling seamless support from initial strategy to...
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About Real Estate Law in Germany

Real Estate Law in Germany is primarily governed by the Bürgerliches Gesetzbuch (BGB), or the German Civil Code, which regulates property rights, tenancy rights, and the sale and purchase of real estate. Germany has a stable real estate market that attracts both domestic and international investors. Properties in Germany are often regarded as solid investments due to the country's strong legal framework, economic stability, and growing demand for housing and commercial spaces. However, navigating the real estate market in Germany can be complex due to its specific legal requirements and regulations.

Why You May Need a Lawyer

Several situations may necessitate the expertise of a lawyer specializing in real estate:

  • Buying or selling property: Legal advice is crucial to ensure the transaction is binding and all documents comply with local laws.
  • Tenancy issues: Whether you are a landlord or a tenant, understanding rental agreements and tenancy laws can prevent disputes.
  • Property disputes: Conflicts may arise over boundaries, ownership, or inheritance, requiring legal intervention.
  • Real estate investments: Legal guidance is important for managing risks, awareness of regulations, and structuring investments.
  • Building and zoning regulations: Understanding local planning and building rules is critical for any construction activities.

Local Laws Overview

The fundamentals of real estate law in Germany include:

  • Tenancy Law: Governed by the German Civil Code, it highly protects tenant rights, regulating lease terms, rent increases, and eviction procedures.
  • Property Purchase: Any purchase requires notarization, and the involvement of a Notary public ensures compliance with legal norms and protection against fraud.
  • Registration System: Property transactions must be registered in the land registry (Grundbuch), maintaining transparency and legal security for ownership.
  • Foreign Investment: Germany offers favorable conditions, but foreign investors must still comply with local laws and banking regulations.
  • Zoning and Planning Laws: Local municipalities control land use and development, with specific regulations applying to residential, commercial, and industrial areas.

Frequently Asked Questions

What are the steps to buying a property in Germany?

The process involves offer acceptance, signing a purchase agreement before a Notary public, paying a deposit, and registering the ownership with the land registry.

Do international buyers face any restrictions when purchasing property in Germany?

Generally, there are no restrictions on foreign buyers, but they should comply with local laws and tax obligations.

What taxes apply to real estate transactions in Germany?

Primarily, buyers must pay property transfer tax, which varies by region, and sellers might be subject to capital gains tax under certain conditions.

How is rental income taxed in Germany?

Rental income is subject to personal income tax, with allowances for deductible expenses related to property maintenance and management.

Can I evict a tenant for not paying rent?

Eviction is possible but involves legal procedures, and landlords must adhere to local tenant protection laws, which favor tenant rights.

What is a ground lease (Erbbaurecht) in Germany?

A ground lease allows the use of land owned by someone else, usually for building purposes, with the right to use the land for a long term without ownership.

What role does a Notary play in property transactions?

Notaries ensure the legality and validity of real estate transactions, protect the parties involved, and prevent fraudulent activities.

Can property investments in Germany qualify for residency or citizenship?

Real estate investments alone do not automatically qualify foreigners for residency or citizenship, but they can support business and economic engagements in the country.

How does one deal with property inheritance in Germany?

The inheritance process involves legal protocols, with inheritance tax applicable based on the heir’s relationship to the deceased and the property value.

Are there any environmental considerations in real estate transactions?

Yes, properties must comply with environmental regulations concerning energy efficiency, contamination, and sustainability practices.

Additional Resources

Here are some resources for further guidance:

  • Federal Chamber of Notaries: Assists in understanding the role and services of notaries.
  • German Bar Association: Offers resources for finding qualified real estate lawyers.
  • Local Land Registry Offices: Provide information about property registration and title searches.
  • Municipal Building Departments: Offer details on zoning and construction regulations.

Next Steps

If you need legal assistance in real estate, consider the following steps:

  • Identify your specific legal needs and goals related to real estate.
  • Seek recommendations or conduct online research to find experienced real estate lawyers or legal firms.
  • Schedule consultations to discuss your situation and receive tailored advice.
  • Ensure you understand the fee structure and services provided by your chosen legal professional.
  • Collaborate closely with your lawyer, providing all necessary documentation and information to facilitate a successful legal outcome.

Lawzana helps you find the best lawyers and law firms in Germany through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Real Estate, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.

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