GSK Stockmann provided the Berlin Senate Department for Higher Education and Research, Health and Long-Term Care with comprehensive advice on a new law to establish a university construction company – a significant higher education policy project in the current legislative period. The law was passed by the Berlin Senate on 21 April 2026 and forwarded to the Berlin House of Representatives for parliamentary deliberation. A parliamentary decision is expected before the summer recess in 2026.
Berlin’s higher education infrastructure requires significant investment. Many of the city’s university and college buildings are in urgent need of refurbishment and modernisation. However, the current decentralised structures are unable to address this challenge adequately. The Berlin Senate has therefore adopted a new financing model in the form of a state-owned university construction company (Hochschulbaugesellschaft), as established by the newly passed law. The new company will be responsible for the centralised management of the planning, construction, renovation and operation of higher education buildings in the state of Berlin, working closely with the relevant institutions.
The aim is to make university construction projects significantly faster and more efficient. By pooling all planning, construction and financing-related activities within one organisation, the Senate hopes to accelerate decision-making processes, increase flexibility in project financing and ensure that investments are made in line with demand and in a targeted manner. Based on the current plans, the new company should commence operations by 2027 at the latest.
A GSK Stockmann team led by Berlin-based partner Professor Jan Kehrberg advised the Senate Department. This included setting up the corporate structure of the contract, as well as advising on issues relating to public procurement, state aid, tax and employment law.
Professor Jan Kehrberg, lead partner at GSK Stockmann, explains: “The establishment of a state-owned university construction company is a structurally challenging project that touches on aspects of both public and private law. Thanks to our team’s combined public-sector expertise and our 360-degree advisory approach, we were able to create a legally watertight basis for the new company. Our aim was to develop a solution that is not only legally robust, but also gives the state of Berlin the operational flexibility necessary to ensure that the new company is able to function effectively. As a law firm with many years of experience supporting the public sector, always from our clients’ perspective, we were able to draw on all of our expertise in this case, from governance structures and public procurement to state aid law, tax and employment law.”
Advisers of the Senate Department for Higher Education and Research, Health and Long-Term Care at GSK Stockmann:
Prof. Jan Kehrberg (lead, Procurement & State Aid), Dr Jan Hennig, Dr Arne Gniechwitz (both Procurement & State Aid), Daniel Cammann-Reiß (Project Development), Jennifer Bierly (Corporate), Dr Petra Eckl, Dominik Berka (both Tax), Daniela Eschenlohr (Financial Regulation), Nicole Deparade (Employment/Compensation & Benefits); Associates: Niklas Baasch, Alicia Weil, Dr Patrick Hoffmann, Dr Anna Charlotte Kümpers (all Public Law/Regulatory), Jonas Kurbjuweit (Corporate), Katrin Zukovskaja (Employment/Compensation & Benefits)
