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If you purchase a new condominium or a house in a terraced or semi-detached housing development without owning your own plot of land, however, you will regularly conclude a contract with a developer. The developer will build the desired condominium or house for you on his plot of land according to a specification of services that has already been established before the conclusion of the contract and which must be made available to you if you are a consumer (private builder).

Notarial certification

The developer contract must be notarized. As a rule, however, the developer provides the notary and thus also the draft contract. We provide you with legal advice both during the negotiations with the developer up to the conclusion of the contract including all its annexes, as well as the subsequent execution of the developer contract up to the handover of the finished property to you. This is because you, as the client, are building "on someone else's land". As the purchaser, you have no right to enter the construction site and thus no right to inspect it until the property is handed over. We provide you with legal support in the event of construction defects, special requests, contractual penalties, delay on the part of the developer in completing and handing over the property (damage caused by delay) or, in the worst case, insolvency on the part of the developer. Once a developer contract has been concluded, it cannot be terminated or revoked. All the more reason to have it, including all its annexes, carefully examined by us before it is concluded.

Real Estate Broker and Property Developer Ordinance (MaBV)

As the purchaser, you regularly only pay installments to the developer according to the respective construction progress on the basis of the Broker and Property Developer Ordinance (MaBV). However, you still do not own the property until you have paid the final installment. It is therefore essential that you have comprehensive contractual security until then.

Condominium ownership

Of course, when you purchase a condominium or a house from a developer, we will also be happy to advise you on questions concerning the future condominium ownership. This includes in particular the examination of the declaration of partition for your future property as well as the often complicated acceptance of the special and common property in the developer's contract. As a rule, the special property (the apartment to be built by the developer) and the common property (such as the roof, the facade, the heating system, etc.) are accepted separately, which can raise many important questions for you.

What is the difference between a builder and a developer?

The builder is the legally and economically responsible client/ordering party in a building project. The developer is an entrepreneur, i.e. the contractor.

What does a property developer do?

The developer acts as a builder and offers a package: he buys plots of land, builds on them and sells ready-to-move-in houses together with plots of land at a fixed price.

Is the developer also the builder?

Property developers must comply with the Real Estate Agent and Property Developer Ordinance (MaBV). The property developer builds on his own property. He is also the builder.

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Whether attorney, arbitrator, experts in construction, banking or corporate law: JASPER attorneys provide highly specialized legal advice. We look forward to your call under +49(0)211 492590 or by mail to

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