Reliable.
Strong negotiator.
If you wish to challenge a decision by a public authority, such as the denial of a building permit, business license, or residence permit, we can help.
Our experienced lawyers provide expert legal advice and representation in all matters of administrative law at our offices in Öhringen, Schwäbisch Hall, and Rosenberg. We assess the best legal and economic actions for your case and advocate for your interests in or out of court.
Administrative law
Claims against the administration for action, omission or elimination of consequences
Administrative law – unlike civil law – regulates all conflicts between authorities (state bodies) and citizens on the one hand, and the relationships between the authorities themselves on the other. The authorities most frequently take action against you, the citizen, by issuing administrative acts. These can benefit or burden you. In addition, the authority also takes action by issuing legal provisions and public law contracts.
Administrative law and the actions of the public administration shape the lives of every citizen in a wide variety of areas. Whether you have been granted or refused a building permit, prohibited or permitted to run a business or a restaurant, or your car has been towed away, administrative law is always involved.In addition, holders of sovereign power such as public authorities can also impose levies by means of ordinances.These include, in particular, development charges or municipal charges such as taxes and fees.
If you wish to defend yourself against an action by the public authorities, or if you wish to obtain an action or benefit against a third party or in your favor, a large number of procedural rules and rules of procedure must be observed. You can defend yourself against administrative measures by means of an action for rescission, an action to enforce an obligation, an action for performance or an objection procedure. In urgent cases, interim legal protection can also be obtained in summary proceedings.
Public building regulations and planning law
Planning permission can only be granted if the building project is permitted under both building planning law and building regulations law and all requirements are met.
Building regulations law is concerned with the substantive structural and technical requirements for a building project and mainly serves to avert danger and regulate coexistence. In addition to the safety-related principles, formal building regulations law regulates the regulatory procedures and specifies the parties involved in the procedure.
The principles of substantive building regulations law are Boundary distance, fire protection, thermal insulation, stability, external design and quality of building materials.
Formal building regulations govern the process of obtaining building permits. A building permit, also known as building authorization, is the official approval issued by the building supervisory authority, granting permission to proceed with construction as outlined in the plans submitted by an architect or engineer. This permit serves as an official confirmation that the proposed building project complies with all relevant public law regulations.
Lawyer Anke Weiß leverages her extensive experience to assist clients in negotiations with approval authorities, during the application process, and throughout comprehensive construction supervision, ensuring a smooth and legally compliant realization of building projects.
In addition to the provisions of building regulations law, public law regulations also include those of building planning law. These are mainly the land use plan and the development plan. In the development plan, a municipality determines as a statute which uses are permitted on an area. An explanatory memorandum, i.e. an explanation in which the objectives and purposes of the planning must be set out and the stipulations explained, is not part of the statutes, but is mandatory as part of the procedure.
Such urban land-use plans are drawn up in a legally prescribed procedure and can suffer from errors that adversely affect you as a citizen. The institution of a legal action for the review of standards represents an effective legal remedy for the review of such urban land-use plans adopted as statutes.
We are happy to assist you in administrative law matters. Please do not hesitate to contact us, as early involvement of a representative will have a significant impact on your chances of success.
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