Real Estate & Construction Law
We provide comprehensive advice relating to real estate and property. Our specialized lawyers have decades of experience and industry knowledge. Our focus lies on efficient and holistic consultations on all real estate issues. Our key areas comprise of drafting and negotiating real estate and sale-purchase contracts – from individual property to real estate portfolios – including the implementation of due diligence checks throughout the purchasing process, as well as lease agreements, developer contracts, and condominium agreements. Furthermore, we provide support in obtaining relevant public law permits.
Our clients include institutional and strategic investors, property developers, building contractors and construction companies, housing associations and cooperatives, international trading groups, industrial corporations, as well as family offices. We have extensive experience in all asset categories and provide advice with respect to office buildings and towers, residential housing projects and revenue houses, the retail sector (rent, franchise, shopping centers, retail parks), hotel projects (acquisition, lease, operation and management agreements), industrial properties, logistics halls, and building plots.
A special focus of our operations is consulting on complex project development processes. We draft and negotiate the relevant contracts (structured acquisition of property, financing, general contractor and general planner agreements, subcontractors, Austrian building inspection authorities - ÖBA). Furthermore, we obtain the relevant public law permits, deal with neighbors, assist with the handovers, process warranties, claim management, as well as deal with the utilization of land.
Moreover, we continually represent clients in complex, property-related disputes – both on behalf of the tenant or the landlord/owner.
The lawyers of that team are extremely capable and goal-oriented. We felt very understood and respected. Nikolaus Pitkowitz and Martin Foerster are key contacts for clients.
Contact
Team
Areas of expertise
- Real estate transactions in the form of asset and share deals
- Due diligence for properties and real estates
- Project development
- Real estate financing including collateral agreements
- Developer and condominium agreements
- Building rights agreements
- Rent/lease (commercial and housing), leasing, and special license agreements
- Legal disputes: conflict resolution before courts and arbitration courts
- Austrian property transaction law (Grundverkehrsrecht)
- Estate agent law
News
- Does the tenant have to maintain the gas boiler?
- No Rent for Retail and Restaurants despite government subsidies? Which rules apply after the Lockdown?
- Business closed due to Corona! Do I still have to pay rent?
- Martin Foerster as speaker at the AmCham Business Breakfast
- Supreme Court redefines location surcharge in rent control leases
- Martin Foerster as speaker at Annual Real Estate Meeting of OEGSW
- Graf & Pitkowitz at the Annual Congress of the International Association of Young Lawyers (AIJA) in Rome
- Short term letting no longer permitted in large parts of Vienna
- AIJA Real Estate Seminar in Utrecht, 4-6 April 2019
- The Graf & Pitkowitz Real Estate Team advises McArthurGlen Designer Outlets
- Retail 2030 Breakfast
- Graf & Pitkowitz’s real estate practice co-headed by Nikolaus Pitkowitz and Martin Foerster was ranked again in Chambers Europe 2018
- Graf & Pitkowitz advises on the sale of Deutschlandsberg Retail Center
- Valueable or valueless? When the tenant invests in the apartment
- Court upholds principal´s right to conclude contract in agency agreement
- Martin Foerster appointed as vice president of the real estate commission of the international association of young lawyers (aija)
- Event Note Vienna: „DER RECHTSANWALT UND DIE NEUE IMMOBILIENERTRAGSSTEUER“
- The entire life of a property
- At the beginning of the boom
- Invitation to a real estate transaction workshop
Publications
- COVID-19 and commercial leases - new court decisions
- COVID-19 and commercial leases – one year on
- Covid-19: Measures entitle commercial tenants merely to limited reduction in rent
- Business closed due to Corona! Do I still have to pay rent?
- Supreme Court redefines location surcharge in rent control leases
- Short term letting no longer permitted in large parts of Vienna
- Demolition crackdown: Vienna protects its buildings
- Supreme Court manages shopping centre management costs
- Supreme Court: no change of control despite departure of majority shareholder
- Parliament stomps on stamp duty for residential leases
- Another brick in the wall: constitutional court reviews statutory rent regulations
- Act on Equal Opportunities for Persons with Disabilities creates stumbling blocks for landlords
- New tax bill: heavy burden on share deals involving real property
- Martin Foerster on due diligence assessment and purchase agreement drafting in the latest handbook on real estate transactions
- Asset deal – buyer not bound by preferential lease rights
- Tenant may install video camera outside leased object without lessor´s consent
- New act affects withdrawal rights on real estate agreements
- New case law on fixed-term leases creates pitfalls for landlords
- Double sale: Supreme Court enhances rights of injured party
- Taxation of real estate lotteries can be a gamble
- Supreme Court finds hidden-defect clauses in lease agreements valid
- ILO Newsletter 06/28/2013
- ILO Newsletter 03/28/2013
- ILO Newsletter 01/04/2013
- ILO Newsletter 09/07/2012
- ILO Newsletter 06/22/2012
- ILO Newsletter 03/30/2012
- Supreme Court questions basis for taxation of property transactions
- Cross-border transactions: real estate agent´s fee subject to foreign law
Conferences
- Martin Foerster as speaker at the AmCham Business Breakfast
- Martin Foerster as speaker at Annual Real Estate Meeting of OEGSW
- Graf & Pitkowitz at the Annual Congress of the International Association of Young Lawyers (AIJA) in Rome
- AIJA Real Estate Seminar in Utrecht, 4-6 April 2019
- AIJA – 56th International Young Lawyers' Congress
- Nikolaus Pitkowitz at the IBA Annual Conference 2017 in Sydney
- AIJA - International Young Lawyers' Congress
- Martin Foerster as panelist at the AIJA seminar in Parma, Italy
- Nikolaus Pitkowitz Co-organizes and Co-chairs 9th Annual Real Estate Investments Conference
- ARS Annual Meeting Real Estate-Project Development 2017
- AIJA - Triple Seminar in Lille, France
- Martin Foerster at the ARS Annual Meeting Real Estate 2016
- AIJA - Chicago 2016 Half-Year Conference
- European Real Estate Society 20th Annual Conference
- REAL ESTATE SEMINAR
- AIJA: The German-Speaking Regional Meeting in Zurich, 17-19 February 2011
Brochure Pdf