Property law Augsburg
Property Law in Augsburg – Your solicitor for purchase agreements, construction defects and the German Condominium Act (WEG)
Whether it’s buying a property, construction defects or a dispute under the Condominium Act – property law involves significant sums and long-term decisions. As a law firm in Augsburg, we support buyers, sellers and owners through every stage: from drafting the purchase agreement and enforcing claims for defects to challenging condominium association resolutions. At 3.5%, Bavaria offers one of the lowest land transfer tax rates in Germany – a locational advantage for your property project in Augsburg.
Buying property in Augsburg – legally secure from contract to registration
Every property purchase in Germany requires a notarised purchase agreement (Section 311b of the German Civil Code). The notary safeguards the interests of both parties – but he is not a solicitor and does not represent either party. A solicitor checks the draft contract for hidden risks, unfavourable clauses and missing safeguards. In Augsburg, we advise buyers and sellers prior to notarisation to ensure there are no nasty surprises.
Enforcing your rights regarding construction defects – your rights as a client in Augsburg
Construction defects are a source of stress and financial loss. The law governing contracts for work and services gives you strong rights against the contractor: rectification, reduction in price, compensation for damages and termination (Section 634 of the German Civil Code). The limitation period is five years from the date of acceptance (Section 634a of the German Civil Code) – but acceptance is a critical moment, as this is when the time limits begin and the burden of proof shifts. In Augsburg, we assist with acceptance procedures, document defects and enforce your claims.
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WEG Law – Condominium Ownership and Owners’ Associations in Augsburg
The law governing condominium ownership underwent a fundamental reform in 2020. The new legal framework strengthens the owners’ association, simplifies structural alterations and grants the property manager greater powers. In Augsburg, we advise condominium owners on challenging resolutions, disputes over service charges and modernisation projects.
2020 WEG Reform – simplified building alterations
Since the WEG reform (WEMoG, 1 December 2020), structural alterations can be decided by a simple majority (Section 20 WEG) – previously, unanimity was often required. This applies to energy-efficiency refurbishments, accessibility modifications and electric vehicle charging points. In principle, the costs are borne only by the owners who voted in favour, unless the measure pays for itself within a reasonable period of time or was approved by more than two-thirds of the votes.
Challenging a decision – time limits and prospects of success
Invalid resolutions under the Condominium Act (WEG) may be challenged within one month of the resolution being passed (Section 45 WEG). Since the reform, legal action is directed exclusively against the community of flat owners, not against individual owners. Grounds for challenging a resolution include procedural errors (incorrect invitation, violation of voting rights), substantive errors (unlawful resolutions) or abuse of discretion. Null and void resolutions may be challenged at any time.
Estate agency law, neighbour law and the land register
As well as advising on property purchases and the German Condominium Act (WEG), we offer guidance in Augsburg on a range of other property-related matters – from estate agent’s fees and disputes with neighbours to land registry entries. Each area has its own rules and deadlines, which we keep track of on your behalf.
Estate Agency Law – The 50/50 Split Principle since 2020
Since December 2020, the 50-50 split principle has applied to sales contracts for flats and detached houses (Sections 656a–d of the German Civil Code): the estate agent’s contract must be concluded in writing, and the commission is split equally between the buyer and the seller. The estate agent may only demand payment from the buyer once the seller has demonstrably paid their share. We review estate agent contracts and enforce your rights.
Neighbour law in Bavaria – boundary distances and encroachment
The Bavarian Neighbourhood Act (BayNachbG) sets out the distances that must be maintained from boundaries for plants, fences and structures. In cases of encroachment (Section 912 of the German Civil Code – BGB) – where part of a building extends onto a neighbour’s property – the neighbour is entitled to compensation for the encroachment. Neighbourhood disputes in Augsburg are first heard by a mediator before the matter can be taken to the local court.
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This information does not constitute legal advice in individual cases.
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