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real estate & construction
Schoenherr's experts advise on all legal aspects in the real estate & construction sector.
Schoenherr has a strong focus on development and infrastructure projects in Austria and CEE/SEE. Recently, the firm advised national entities in relation to the preparation and negotiation of the agreements for the design and construction of power plants and on road construction for motorways. A further highlight has been advising an airport operator on the planning and construction of an additional runway. The group also advises on a diverse range of project developments. For example, it advises various retailers and manufacturers on the construction of outlets and distribution centres in Austria and CEE/SEE.
Recent engagements in Austria include the construction of more than 450 condominiums and of two logistic parks. In the CEE/SEE region, highlights include the acquisition of several plots, the obtaining of all permits and the construction of a new production plant for a manufacturer and the forward purchase of two large logistics centres.
We have great experience in drafting construction, general contractor and subcontractor agreements, Guaranteed Maximum Price and general planner agreements, as well as general terms and conditions for constructors and manufacturers.
In addition, we advise on FIDIC-governed projects and represent clients before courts, arbitral tribunals and dispute adjudication boards effectively. We provide project-specific legal advice and representation on all FIDIC-based construction contracts (all FIDIC-books), as well as interdisciplinary support regarding claim and contract management being particularly important in exceptional times as the current COVID-19 crisis.
Schoenherr's infrastructure projects team specialises in energy, road and railway infrastructure projects in the entire region and acts on the side of the sponsors and funding banks, as well as that of governments and bidders acquiring infrastructure as-sets. The team can count on efficient and close support from the firm’s experts in the banking, finance & capital markets; real estate; regulatory and eu & competition practice groups.
our services
- real estate law
- project development
- construction projects (FIDIC, EPC, design & build)
- due diligence/title investigation
- lease agreements
- contracts for architects, general contractors and builders
- plant construction and building permits
- land registry law
- real estate-related litigation
- construction litigation and arbitration
- construction dispute adjudication and mediation
team
news
roadmap
Sustainability and innovation: a new law transforms Hungary's building, design and construction industry
Hungary's national settlement planning and construction requirements are currently governed by Government Decree 253/1997. (XII. 20.) (OTÉK), which outlines the regulations on which construction is planned and licensed. On 1 October 2025, Act C of 2023 on Hungarian Architecture entered into force, and together with an upcoming government decree on urban planning and building requirements (effective from 1 January 2025), it is expected to reshape the future of properties in Hungary. Until 30 June 2027, OTÉK and the Decree must be applied in parallel. The regulations will promote environmental awareness and sustainability, incorporating a new set of principles and restrictions on zoning for new construction, of which we have highlighted a few for your attention.
newsletter
Austria: New Supreme Court ruling on operating costs and indexation clauses
On 17 December 2024, in a lawsuit brought by a tenant against his landlord for repayment of operating costs and rent increases based on indexation, the Supreme Court ruled (10 Ob 54/24z) that the landlord was obliged to repay the operating costs, but confirmed the validity of the value retention clause and provided some clarification on points that had previously been controversial.
press release
Austria: Schoenherr advises RP Global on Mirova's EUR 480m investment
Schoenherr advised RP Global, a leading developer of large-scale renewable energy projects, on Mirova's investment in RP GLOBAL Energy GmbH. Mirova has agreed to become a minority investor and invest up to EUR 480m through a combination of equity and mezzanine bonds. Closing of the transaction is scheduled for November 2024.