Building projects rarely meet with enthusiasm from neighbours. This can affect you either in your role as a neighbour or as a builder. In the rarest of cases, it will be in your interest to obtain planning permission years later only after a protracted dispute with the authorities if you wish to build your own home in the short term. Particularly if a large number of, often emotional, neighbouring objections are raised against a building project and thus third party appeals against the granted building permit are to be expected, which can at least lead to procedural delays, it is advisable to take a de-escalating approach: Where possible and expedient, we try to establish direct contact with the parties involved in addition to the “normal official procedure” in order to find an efficient and process-economically sensible way for you to get closer to your goal.
Lawyer Julia Lindner is a specialist lawyer for administrative law. She has the knowledge of public and civil law to assess such matters of life where public (building) law and civil law overlap, to advise you comprehensively and to represent you before the authorities as well as in court.

Often the question arises well before a building permit procedure whether the planned project is permissible on the land in question or how building land could be mobilised at all. From the municipality’s point of view, it may be of interest to create building plots in the municipality’s territory and to sell them to those willing to build. Starting with the basic clarification for the assessment of the legal feasibility up to the legal realisation of the building project, lawyer Julia Lindner will certainly accompany you with her knowledge as a specialist lawyer for administrative law. Her experience as a representative of municipalities and authorities as well as building owners, architects and project developers enables her to assess the various interests of the parties involved and to advise you strategically and guide you to your goal.

Criminal law

Criminal proceedings place a great deal of stress on the accused person and his or her relatives. Lawyer Julia Lindner is a specialist lawyer for criminal law. Her primary goal is to spare the accused person a public trial in court and to avoid the threat of reputational damage. Where the case allows, lawyer Julia Lindner achieves this through a high level of legal commitment already in the preliminary proceedings, legally sound and humanly committed. Her special ability to draw the attention of decision-makers to the human and social causes of misconduct is of direct benefit to you.

Further, possibly even far more painful consequences can follow the criminal proceedings, such as a ban from the profession and ancillary consequences under professional law, or administrative proceedings, such as the revocation of licences and permits that have been granted. Julia Lindner, a lawyer specialising in administrative law and criminal law, has these impending consequences in mind at an early stage in her criminal defence work.

Compliance

You, as well as we, would prefer it if there were already no reason to accuse you personally or your company of any criminal or regulatory offence. This can be avoided, especially for companies whose organisational culpability is now increasingly coming under the scrutiny of public prosecutors, by implementing internal company guidelines at an early stage, following a prior analysis of the potential dangers. Lawyer Julia Lindner will be happy to support you with preventive measures in your company.

Advising a municipality on the allocation of building plots

Building plots created by the municipality should be sold in accordance with the building planning objectives of the municipal council. Preparation of guidelines for the allocation of building plots, support of the municipality during the entire procedure and subsequent support in the application and implementation of the guidelines.

Advising a municipality on the settlement of an international hotel

Legal support in the negotiation and sale of municipal land for the construction of a hotel by the developer and contractual safeguarding of the purpose of the sale.

Advising a municipality on the relocation of a company to an outlying area

The objectives and conditions for the relocation to the outskirts were negotiated and agreed with the developer by means of an urban development contract. After conclusion of the contract and initiation of the development plan procedure in accordance with the agreement, the municipality received legal support throughout the entire procedure.

Training of local councillors

Within the framework of a lecture, local councillors from various municipalities were trained in the basics of municipal constitutional law and the basic principles of urban land use planning.

Consultation of a developer regarding the construction of several semi-detached houses by means of an urban planning and development contract.

The building project was initially prevented by the issuance of a development ban. Negotiations with the authorities, in particular on the extent of building use and the development situation; the legal framework was created by an urban development and development contract, resulting in an exemption from the change ban and the granting of planning permission.

Consultation with a developer regarding the construction of a new apartment building

The existing development plan did not allow for an economically reasonable and timely development. Negotiations with the municipality with the aim of initiating a development plan procedure by the municipal council, legally within the framework of an urban development contract.

Consultation on the keeping of horses in outdoor areas

Enforcement of the permissibility of keeping horses for boarding in an outdoor area according to § 35 BauGB, after an “agricultural operation” had initially not been recognised by the authorities.

Advice and representation of a retail business due to a prohibition of use.

Official order prohibiting retail trade due to a change in the type of use of the business in recent years from wholesale to retail trade. As the type of use “retail” was prohibited according to the applicable development plan, examination of the unlawfulness of the development plan within the scope of the objection proceedings as well as urgent application against immediate execution, so that the business could be continued.

Advising and representing a bakery on an official order under the BImschG 

An approved and newly erected residential building next to the already existing bakery led to the unlawfulness (according to BImSchG) of the operated wood-fired oven. Assertion of the breach of official duty, amicable settlement with the authority within the scope of a contractual agreement.

Advice and representation regarding a deconstruction order of a house illegally built since the 1950s.

A house illegally built in the 1950s was to be demolished on the basis of an official order issued in the 1970s.

Defence of a doctor on charges of embezzlement and fraud as well as subsequent representation in professional proceedings

In the preliminary proceedings against a doctor, it was possible to bring about a discontinuation of proceedings in accordance with § 153a of the German Code of Criminal Procedure (StPO) through early and extensive intervention by the defence. This prevented a main hearing and damage to his reputation. In the subsequent proceedings under professional law, a threatened ban from practising could be avoided.

First-hour” advice to a company after a major fire on its premises

After a fire had destroyed a large part of the company, the situation, the measures to be taken and the course of the investigation were immediately discussed together on site. An important task was to coordinate the individual steps of the parties involved and to ensure that the persons concerned recognised their own involvement in the proceedings at an early stage (accused, witnesses) and were able to exercise their rights accordingly, as well as targeted mediation with defence lawyers or witness counsellors.

Preventive – search and seizure situations

The procedure of searches in companies and seizure, presentation of the rights of those involved and the behavioural measures to be urgently observed were trained in the context of a lecture to entrepreneurs.