Facility Management, Tenancy and Condominium Law

Operator Responsibility

Operator responsibility according to GEFMA 190 is a central component in facility management – and at the same time it often presents companies with challenges. Complex requirements and a lack of know-how make implementation difficult. With the Operator Responsibility Master Plan, we offer a structured concept based on the PDCA cycle. Operator obligations are systematically recorded, controlled and implemented in a legally compliant manner.

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Contract Design

Contract design is central to the successful operation and construction of properties. We support you from contract drafting to control and review – in a legally sound and practical manner. Current requirements, e.g. on the Industrial Safety Ordinance, digitization or sustainability, are continuously incorporated into our consulting. For legal departments, we also develop central, database-supported contract templates as standardized solutions that simplify everyday life and create legal certainty.

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Tendering of Facility Services

Construction and Architectural Law

Ideally, a good contract remains in the drawer – but not every construction project runs smoothly. Especially in times of crisis, clear, legally sound and practical contracts are essential. Our lawyers will guide you through all project phases – from contract drafting to acceptance and warranty processing. If disputes do arise, we represent your interests with sound litigation experience and a clear focus on sustainable solutions.

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Tenancy Law and Condominium Law

Tenancy law is constantly changing – new laws and judgments require regular review and adaptation of existing contracts. Likewise, a transparent and legally compliant service charge statement prevents unnecessary disputes and costly litigation. We support you with sound legal expertise.

Our focus areas

• Brokerage and Lease Agreements
• Property Management Agreements and Consulting
• Operating Cost and Minor Repair Clauses
• Rent Increases and Renovation Measures
• Duty to Maintain Safety and Liability
• Ongoing Legal Advice for Tenancies
• Litigation and Mediation

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Planning and Approval Law

In facility management, planning and approval law issues are crucial for construction and infrastructure projects. We advise operators, investors and municipalities comprehensively – from land-use planning to public-law contracts and spatial planning procedures. Especially in the case of cable laying, network connections and the legally compliant implementation of technical systems, we create orientation and ensure smooth project execution and sustainable operation.

Technical Law

Technical law in building operations comprises around 2,000 laws, ordinances and technical regulations and places high demands on operators. The legally compliant recording, implementation and documentation of these obligations is central to operator responsibility. We advise you comprehensively on the legal assessment of technical systems and support you in organizing legally compliant facility management.

Our focus areas

• Determination and updating of operator obligations – tailored to buildings and building technical systems
• Implementation of rule changes – legally compliant in internal processes and existing contractual relationships
• Resource efficiency through clear demarcation – between legally necessary and operationally sensible measures
• Risk-oriented task fulfillment – practical based on the Technical Regulations
• Legally compliant documentation & sound advice – incl. expert opinions, statements and support in technical law

Organizational and Liability Law

A legally compliant organization is crucial in order to fully fulfill internal tasks and effectively manage external service providers. This minimizes liability risks, avoids the accusation of organizational negligence and effectively protects companies and employees in the event of damage. We support you in the legal structuring of your organizational structure and processes.

Our focus areas

• Legally compliant FM organization – review and implementation of internal and external task transfers
• Documentation & evidence – document organizational structure and processes as well as fulfillment of obligations in a legally compliant manner
• Technical and legal audits – on operator responsibility and traffic safety obligations
• Legal representation – communication with authorities, representation in proceedings and processes
• Service provider control – advice on legally compliant commissioning, control and monitoring

Occupational Health and Safety Law

Employers are legally obliged to anchor occupational health and safety organizationally, to plan measures and to integrate them into management structures. The aim is to ensure the safety and health of employees – through the prevention of accidents, occupational diseases and health hazards. Anyone who takes occupational health and safety seriously not only fulfills legal requirements, but also strengthens a responsible, employee-oriented corporate culture.

Our focus areas

• Review and implementation of a legally compliant occupational health and safety organization
• Delegation of entrepreneurial duties in accordance with § 13 para. 2 ArbSchG
• Advice on the appointment of qualified company officers
• Structure of the electrical organization including roles according to VDE 1000-10/0105-100
• External company management

Labor and Criminal Labor Law

In personnel-intensive facility management, labor and social security law issues are becoming increasingly complex. Particularly relevant are liability risks related to minimum wage compliance, as well as criminal and administrative penalties for violations. We focus on forward-looking advice, develop labor law compliance guidelines and support the regular auditing of service providers used – for a legally compliant design of your personnel and external personnel deployment.

Our focus areas

• Risk minimization in the area of (general) contractor liability as well as the criminal labor law liability of the operator, its bodies and representatives
• Auditing of service providers and subcontractors with regard to compliance with labor and social security laws and regulations together with safety, information and protection regulations as well as the respectively relevant collective bargaining regulations
• Design and implementation of compliance guidelines, working conditions, working time and remuneration models
• Advice and support for business process outsourcing and human resource management projects
• Enforcement as well as defense of your rights both out of court and in court