We assist all categories of clients, from the country’s largest private and public developers, principals, contractors and consultants to smaller firms and builders, and neighbours. KLUGE advises on the land-use part of municipal master plans, construction, liability, development and eminent domain.
We provide a great number of municipalities with advice on a regular basis and assist the state with research work.
The Planning and Building Act is of great significance in the development of real estate, and in combination with development plans and land-use parts of the municipal master plans, it governs how and to which extent a property is to be developed, both with regard to existing buildings and future exploitation.
This area of law encompasses regulations regarding the preparation and processing of various land-use part of the municipal master plan, parcelling of land, requirements for new and existing buildings and the site, requirements to the liable party in a construction project as well as rules pertaining to compensation and eminent domain.
All these aspects are governed by the Planning and Building Act and its pertaining regulations, and by the land-use part of the municipal master plan, which comprises material requirements and rules for the processing of each case. The rules are not always easily accessible and a complete understanding necessitates a profound knowledge of the organisation of the building authorities and how the rules are enforced. A new Planning and Building Act was recently endorsed and new regulations are currently being prepared.
KLUGE’s expertise is unique, thanks to its lawyers’ long-standing and extensive experience with work for the public authorities and their assistance to public and private players in the planning and building process. Many of our lawyers are often invited to lecture or conduct classes.
The following are some of the areas in which we assist our clients:
Land-use
We assist in the preparation of land-use / building plans, either for the proposer or any affected neighbours. We assist in the preparation of appeals regarding various planning decisions and advise municipalities regarding legal aspects of zoning.
Building
We assist in the preparation of applications for the various permissions required and advise companies in the application process to assume personal responsibility. We also advise parties affected by a building project, for instance by drafting an opinion to the notice submitted to neighbours. We also advise municipalities in these matters.
The right to assume responsibility - Supervision
KLUGE has extensive expertise with regard to the system of assumption of responsibility in the Planning and Building Act, the obligations of companies with responsibility for execution and control, and the sanctions a breach of these obligations could entail.
Development agreements
We assist in connection with the negotiations and preparation of such agreements, and assess the validity of contracts.
Refunding and expropriation
KLUGE assists private persons and municipalities in issues pertaining to compensation for technical infrastructure and expropriation under the Planning and Building Act.
Adjacent areas
KLUGE has extensive expertise with regard to adjacent areas, in connection with expropriation, environmental law, the antiquarian authorities, sectioning and title registration