CERHA HEMPEL Associate Dr. Angelika Schüßler-Datler, LL.M. publishes a new book entitled "Urban development agreements – Private law agreements relating to Viennese land-use planning" (Städtebauliche Verträge – Privatrechtliche Vereinbarungen im Bereich der Wiener Raumordnung) under the Verlag Österreich imprint.
In the book, Dr. Schüßler-Datler describes on the one hand the chances and possibilities for designing urban development agreements and analyses on the other the risks of and limits to legally secure rededication agreements.
"Urban development agreements are already an important instrument for the realization of large construction projects. Due to bottlenecks in public-sector budgets, they will in future become even more important for municipal infrastructure projects. We're therefore pleased that with this publication our colleague Dr. Schüßler-Datler has closed a gap that existed in the legal literature on the subject, thereby highlighting the impressive expertise of our real estate team", says CERHA HEMPEL Partner Mag. Mark Krenn, in whose team Dr. Schüßler-Datler works.
Urban development agreements are private law agreements in the field of land-use planning that are concluded between the municipality and land owners or the long-term beneficiaries of a property that is potentially going to be rezoned. In terms of content, the book focusses primarily on infrastructure investments and the possibility of a targeted involvement in the planned construction project, among other things. Contractual spatial planning has now also been incorporated into the Vienna building code. In practice, the resulting flexibility has come in for both praise and criticism. The question of where the limits of the admissibility and legal certainty of such contracts lie has to date remained largely untreated in view of the new legal situation in Vienna.
You can find more information on the book at https://www.verlagoesterreich.at/staedtebauliche-vertraege-schuessler-datler-978-3-7046-8533-9.