Comprehensive notarial services at the highest level

Another focus of our work is property development law. We advise and support property developers early on in the planning stage and draw up customized property development contracts that consider the interests of the property developer while remaining balanced. This enables swift contract processing. We have experience in providing notarial support for new construction projects (residential and commercial properties), renovation projects, and projects in which existing properties are renovated and additional new buildings are constructed, for example, as part of a densification process. We also prepare and notarize declarations of division for the creation of condominiums and shared ownership, taking into account the specific characteristics of the projects. We also discuss with the property developers in a timely manner which documents are necessary in addition to the building specifications – for example, for the development of the land.

We draft and notarize declarations of division for the creation of condominiums and shared ownerships under the German Condominium Act (WEG). This includes not only the division in the narrow sense, but also the drafting of community regulations that take into account the specific characteristics of the property in question. Regional legal peculiarities must be considered just as much as the specific characteristics of the property. While large multi-unit complexes often require the creation of sub-communities, community regulations for semi-detached and terraced houses should generally be drafted as if they were actually divided.

If you wish to transfer assets during your lifetime, we can prepare customized gift and transfer agreements for you. You can specify whether you wish to continue to use the gifted assets for financial purposes initially and whether you wish to reserve the right to reclaim them under certain conditions, particularly to protect the family's assets. We are also happy to work with your tax advisor to optimize the transfer from a tax perspective.

For asset protection and succession planning, establishing a company, e.g., in the legal form of a GmbH & Co. KG (limited liability partnership), may also be appropriate. In these cases, only the shares of companies in which the family assets have been contributed are transferred. The partnership agreement allows for the inclusion of comprehensive provisions for security and control, and, if necessary, also allows for the participation of underage children. The legal form and the design of the partnership agreement can be determined in close consultation with your tax advisor.

It is advisable to also make provisions for the eventuality in which one is no longer able to make decisions or enter into legal transactions. For this purpose, it is advisable to grant comprehensive powers of attorney to trusted persons and to submit a living will. Such documents can generally also be drawn up privately. In practice, however, a notarized power of attorney is more widely accepted. If the power of attorney is also to be used for real estate transactions or in the area of corporate law, the notarized form is generally mandatory. In these cases, it must also be examined on a case-by-case basis whether such a power of attorney is sufficient for corporate transactions or whether further measures should be taken.