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Article

June 2, 2026

Recent developments in German real estate law and financing


The article highlights recent developments in real estate law and financing. It covers a German Federal Court of Justice (BGH) ruling that confirms the validity of certain types of German ground leases, referred to as “Nachbarerbbaurecht”. While the ruling provides legal certainty, it also highlights the practical need for careful planning and drafting. The article also provides examples of the growing importance of energy compliance under the Building Energy Act (GEG, in the future Building Modernisation Act or GModG) and the EU Energy Performance of Buildings Directive (EPBD), which introduce renovation obligations, minimum energy standards, and will lead to increased due diligence and valuation requirements for real estate assets. The article is only available in German.