Burkhard Rüscher

Attorney
Certified specialist in tenancy and residential property law
Partner

About me

Since I was admitted to the bar in 1997, I have focused on residential property law. I also specialize in private construction law and property development law. Since 2006, I have held the title “Certified specialist in tenancy and residential property law”. I mainly support and advise management companies and condominium owners’ associations, but I am also happy to take on mandates from condominium owners.

 

In condominium law, I work both forensically and in an advisory and creative capacity. As far as possible, the focus is on out-of-court advice, structuring, problem solving and conflict resolution. However, if court proceedings cannot be avoided, I am an experienced, reliable, diligent and combative litigator who always has the substantive, human and economic interests of the client in mind and pursues them in a targeted manner.

 

My activities include in particular

 

  • the drafting of declarations of division/community regulations
  • the examination of declarations of division/community regulations
  • preparing legal opinions on the existence or non-existence of claims, the interpretation of declarations of division/community regulations, the responsibility for maintenance measures on common property, the applicable cost allocation keys, the permissibility of structural changes to special and common property, the permitted types of use and possible uses of residential and commercial units, etc.
  • the preparation of draft resolutions
  • Participation in owners’ meetings
  • Resolution actions on the assets and liabilities side
  • the collection of house money
  • the initiation of foreclosure, receivership and forced sale proceedings
  • Warranty prosecution against the property developer

 

I keep up to date with the latest legal developments through regular training and further education. I am also a regular speaker for the German Bar Association (DAV), the Bavarian Association of Property Administrators (VDIV Bayern e.V.), Haus & Grund Bayern, the BeckAkademie seminars (Verlag C.H. Beck oHG), for the specialist lawyer course on tenancy and residential property law at Arber-Verlag and at various administrator and advisory board meetings.

 

As a member of the German Bar Association’s legislative committee on tenancy and housing law, I am informed about current legislative projects and trends at an early stage in order to contribute and influence them as much as possible.

VITA

  • Attorney and partner at SNP Schlawien since 2010
  • Certified specialist in tenancy and residential property law since 2006
  • Attorney in a law firm specializing in private real estate law in Munich, 1997-2010
  • Admission to the bar, since 1997
  • Legal internship in Regensburg, 1995-1997
  • Study of law at the University of Regensburg, 1990-1995

Awards and honours

  • FOCUS-Business “Top Lawyer 2024” in the field of tenancy and residential property law, continuously since 2014
  • Handelsblatt “Germany’s best lawyers” in construction law, continuously since 2019
  • “The Best Lawyers in Germany” in the field of construction law, continuously since 2019
  • Handelsblatt “Germany’s best law firms” in real estate law, since 2024
  • WirtschaftsWoche “Top Law Firm” in private construction law, 2023

 

            Digitale Kanzlei 2024 Datev Sigel

Publications

Book contributions

 

  • Rüscher, Burkhard: Münchener Kommentar zum BGB – Band 8: Sachenrecht, §§ 854-1296 – WEG – ErbbauRG, editor: former judge of the BVerfG Prof. Dr. Reinhard Gaier, Verlag C.H. Beck, 9th edition 2022 (co-author)
  • Rüscher, Burkhard: Münchener Handbuch des Wohnungseigentumsrechts, C.H. Beck publishing house, 8th edition 2023 (co-author)
  • Rüscher, Burkhard; Müller, Horst (ed.): Beck’sches Formularbuch Wohnungseigentumsrecht, Verlag C.H. Beck, 5th edition 2022 (co-author)
  • Rüscher, Burkhard; Hamm, Christoph (ed.): Beck’sches Rechtsanwalts-Handbuch, Verlag C.H. Beck, 12th edition 2022 (co-author)

 

  Download all publications of Burkhard Rüscher

Memberships

  • German Bar Association (Deutscher Anwaltverein e.V. – DAV)
  • Munich Bar Association (Münchner Anwaltverein e.V. – MAV)
  • Working Group for Tenancy Law and Real Estate in the German Bar Association (Arbeitsgemeinschaft für Mietrecht und Immobilien im Deutschen Anwaltverein e.V.)
  • DAV Legislative Committee on Tenancy and Housing Law (DAV-Gesetzgebungsausschuss Miet- und Wohnrecht)

Assistant

Krisztina Meszaros
Certified legal assistant

News

My latest posts

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FOCUS: New awards for “Top Lawyers 2024”

ZDF WISO interview with Burkhard Rüscher and Dr. Wilhelm Vogt

News

BR and HR report on questionable handling of WEG funds

News