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Dr. Thomas Berg

Lawyer
Specialist lawyer for building and architects law
& tenancy, condominium and real estate law
& administrative law

Member of the working groups for building and administrative law of the German Lawyers Association (www.arge-baurecht.de and www.anwaltverein/de.ueber-uns/arbeitsgemeinschaft/verwaltungsrecht)
Trusted lawyer of the Central Association of German Trade Associations for Trade Brokerage and Sales (CDH www.cdh.de)

Vita:

  • Year of birth: 1966 
  • First bar exam: 1991 
  • Second bar exam: 1997 
  • Doctorate: 1994 with a dissertation on “Standard of evidence and burden of proof in public environmental law”. 
  • Admission to the bar: 1997 
  • Specialist lawyer for administrative law since 2001 
  • Specialist lawyer for building and architects law since 2006 
  • Specialist lawyer for tenancy and residential property law since 2013

Main focus

Since joining the office in 1997, the focus of my activities has been on advising our clients on all issues relating to real estate, from the acquisition to the resale of properties in developed or undeveloped condition, both in and out of court. I assist in drafting, formulating and reviewing purchase contracts.

I also support our clients in disputes with real-estate agents or advise real-estate agents regarding their clients, from drafting of contracts through to court proceedings.

In addition, I advise architects and experts on issues relating to the feasibility of certain building projects in terms of building planning and corresponding regulations. I lead discussions and negotiations with building authorities and municipalities as well as other authorities as may be necessary for our clients, for example in the case of projects requiring immission protection approval. I also assist our clients in negotiations with neighbours of future construction projects, which are often already necessary at this stage, or represent these neighbours in talks with those willing to build.

This is followed by my supporting activities in the preparation and negotiation of architectural and building contracts. In view of our well-balanced client structure, I assist both public (municipal) and private clients and project developers as well as contractors such as architects, general planners and (general) contractors.

A further focus of my work is on supporting and advising local authorities, especially in all matters relating to construction and real estate. In this area I advise, for example, on issues of public procurement law, civil building law but also on any other public law issues. For example, I draft urban development contracts for both project developers and cities and municipalities for the realization of larger projects. I support our clients in drawing up development plans and defending them in judicial review proceedings. However, I also represent affected citizens and investors whose rights are impaired by construction projects or development plans.

In the course of the realization of building projects I represent clients and contractors in the handling of defects and the settlement of amendments.

Finally, I advise our clients on the conclusion and drafting of tenancy agreements. In this context, my activities focus on commercial tenancy law. However, I also represent both tenants and landlords in matters of residential tenancy law. Furthermore, I assist both tenants and landlords during tenancies in all problems arising, from necessary contract changes, settlement of amendments, any differences of opinion between tenants and landlords, through to the termination and move-out of tenants.

In case of divisions according to residential property law, I support and advise our clients on all related issues arising in this context. I represent individual owners as well as communities of owners and property managers.

My activities in all areas mentioned also include problems arising from the inability to pay or insolvency of one of the parties involved.

The only exceptions to my “everything about real estate” advice are family and inheritance law issues on the one hand and tax law issues on the other. My colleague, Dr. Wieland, will be happy to assist you with tax law issues and my colleague, Dr. Landzettel, will provide support for all matters relating to family and inheritance law.

Range of activities:

In addition to the above-mentioned support relating to real estate, I assist our clients in all matters of contract law and public law, in particular with regard to technical planning law (construction of roads, railways and airfields), environmental law, environmental remediation law, immission control law, municipal law and civil service law. Furthermore, I have been working for many years in distribution and commercial agents law. In this area I draft contracts for entrepreneurs as well as for commercial agents or distribution partners and support them in the enforcement of claims during a contractual relationship or after its termination. In this context I cooperate with the Central Association of German Trade Associations for Trade Brokerage and Distribution (CDH) as a trusted lawyer.

Areas of law:

Foreign languages:

  • English

Publications:

  • Steinberg/Berg, Das neue Planungsvereinfachungsgesetz, NJW 1994, p. 488 et seqq.
  • Beweismaß und Beweislast im öffentlichen Umweltrecht, Nomos, Baden-Baden 1995 
  • Steinberg/Berg/Wickel, Fachplanung, Nomos, Baden-Baden 2000, 3. Aufl. 
  • Berghäuser/Berg, Wohnungsnahe Verbraucherversorgung oder großflächiger Einzelhandel – Ein Plädoyer für eine dynamische Betrachtungsweise, Baurecht 2002, p. 31 et seqq.
  • Berghäuser/Berg, Öffentlich-rechtliche Nachbarverzichtserklärung und Baulast im Widerstreit zum zivilrechtlichen Vormerkungsschutz, DÖV 2002, p. 512 et seqq.
My areas of law are