Planning, Public Building Law & Environment

Strategy development,
operation management.

Planning law, construction law and environmental law are the core areas of public law which govern planning and approval for projects in the fields of real estate, infrastructure, industrial sites and other industrial plants. In addition to the above, major projects are often prefaced by multi-level planning and approval procedures which include areas as diverse as regional planning procedures, urban development planning, planning permission, approval procedures related to emission protection, building permits and other approval procedures for specific steps.

In recent years, these procedures have grown increasingly complex, and there has been a marked increase in the number of requirements which apply to the planning, approval and operation of projects and industrial plants. This is partly due to the fact that specifications are growing not only more abundant in number, but also more complex in nature – whether due to European Environment Law (species protection, for example) or local requirements such as socially responsible land use. It is also partly due to the dramatic increase in public interest regarding such projects. Given the higher level of transparency and the fact that associations have greater locus standi, it is vital to adhere scrupulously and comprehensively to all legal requirements.

Main areas of expertise

Complex procedures and requirements call for detailed and perspicacious responses. We regard ourselves as project lawyers. In other words, we offer in-depth advice and support for your project – whether you are an investor, project developer, plant operator, public authority (on federal, regional or local level), or a

company working for a public authority. Based on our extensive expertise and experience, we aim to offer our clients holistic and strategic legal advice. We also recommend specific courses of action for each stage of your project. GSK remains by your side and supports you from the moment an idea is born through to its maturity. We have particular expertise in the following areas:

In the field of strategic planning, we offer advice and support on all the legal questions that arise in the course of planning and approval procedures. We work hand in hand with planning offices, technical consultants and the responsible authorities. One particular focus of our work is on quality assurance for procedural documents, ensuring they comply with legal requirements. We apply QA to all procedures – from regional planning to urban development, planning permission, emission protection approval and approval procedures which are subject to building law, conservation laws or water management legislation.

We help you negotiate all the public and civil contracts required for your project. These include urban development contracts, site development contracts, agreements for neighbouring rights, clean-up contracts for contaminated sites or land acquisition contracts.

The bigger the project, the greater the political (local, regional, federal) – and public – interest. We understand the underlying processes and can help you handle any political or public interest, including public petitions and local referendums.

We offer comprehensive advice and support to the public sector when processing applications which are subject to planning law or permit law, e.g., applications for planning permission or urban development plans. We will also help you enforce your decisions – whether by providing legal representation through all court levels in the event of legal action, or by enforcing possession orders for infrastructure projects.

Before you complete a transaction, we analyse and assess potential and risks with regard to the current status and development potential of land or industrial sites. Our clients benefit not only from our expertise in the fields of planning, construction and environmental law – but also from our strong local presence and networks.

Should you receive an adverse administrative decision – e.g., an assertion of pre-emptive rights or a preservation order for a listed building – we will examine it closely to determine whether or not it can be contested. In cases where negotiations alone do not suffice to overrule a contestable decision, we will take your appeal or legal action to an administrative court.

“The GSK team was the determining factor in the success of our large and complex greenfield developments.

Their in-depth legal expertise and prudent handling of the authorities and various interest groups paved the way for the project .”

Frank Dörflinger, Managing Director, Activ Development

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