News

09.
November
MO45LEGAL | The conversion ban is coming - for a time

The conversion ban is coming - but for a limited period of time After a controversial political discussion, the federal cabinet approved the draft law on the mobilization of building land (Building Land Mobilization Act) on 04.11.2020. You can access the draft here. The draft law now contains - again - the controversial regulations on a conversion ban, see § 250 BauGB. The conversion ban is intended to prevent the [...]

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15.
May
MO45LEGAL | BGH on the applicability of HOAI

On May 14, 2020, the German Federal Court of Justice (BGH) addressed the question of whether the mandatory price law of the Fee Structure for Architects and Engineers (HOAI) can continue to be applied between private parties following the judgment of the European Court of Justice (ECJ) of July 4, 2019 in the infringement proceedings against the Federal Republic of Germany (Case No.:C-377/17), as long as the legislator has not provided a remedy. According to the aforementioned judgment [...]

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07.
May
MO45LEGAL | Berlin rent cap unconstitutional?

Is Berlin's rent cap unconstitutional? Does the State of Berlin have the authority to cap rents in Berlin? No, decided the Regional Court of Berlin and now has this question decided by the Federal Constitutional Court (LG Berlin, referral decision to the Federal Constitutional Court of 12.03.2020, Az. 67 S 274/19 - Download here ). A landlord had successfully challenged his tenant on [...]

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16.
April
MO45LEGAL is looking for notary clerks (m/f/d) with immediate effect!

To strengthen our notary's office, consisting of three notaries, we are looking for notary clerks (m/f/d) in full or part time with immediate effect. We are specialized in real estate law and are looking forward to applicants with corresponding interest. Your tasks: * independent preparation and processing of deeds with a focus on real estate law * management of correspondence with the parties involved We offer you: * a [...]

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30.
March
MO45LEGAL | CORONA-Update: Berlin Chamber of Notaries relaxes attendance requirement for notarizations

The Berlin Chamber of Notaries recommends to adapt the modalities of our notarial services to the current health risk. We therefore conduct all preliminary discussions by telephone and ask that notarizations be limited to those involved in the deed (no relatives, friends, children and brokers only in exceptional cases). Please cancel the notarizations in case of signs of illness or have yourself represented (see below). We [...]

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24.
January
Update 2024! Milieu protection - floor plan changes possible!

Milieuschutz - New ruling of the VG Berlin: Floor plan changes possible! Administrative Court of Berlin, judgment of 31.10.2019 - 13 K 19.16 Previously, if a conservation law permit was applied for floor plan changes in social conservation areas (so-called milieu protection areas), this was usually rejected across the board with reference to the conflicting application review criteria of the district. The Administrative Court of Berlin has now clearly rejected this administrative practice. [...]

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