Real estate, investment and development
The real-estate market changes continuously under the influence of economic developments, new investment models, regulatory requirements and changes in the way real estate is developed, financed and used. In that setting, successful investment requires more than knowledge of the legal framework. We understand investors’ business objectives, the structure of the transaction and the risks that can affect the value and the successful delivery of the project.
We help domestic and international investors, companies, developers and other market participants through the whole life cycle of a real-estate investment, from the initial structuring and due diligence, through acquisition, financing and development, to asset management, commercialisation and exit from the investment.
Our approach to real estate is interdisciplinary. We connect real-estate projects with our experience in M&A and corporate law, tax law, financing, commercial contracts and dispute resolution, so that clients can see the investment as a whole and not only its individual legal aspects.
We advise on the acquisition and sale of real estate and real-estate portfolios, from the initial structuring of the transaction and the negotiations through to signing, completion and implementation of the transaction.
Our services include:
- Real Estate Acquisitions & Disposals
- purchase and sale of individual properties and portfolios
- structuring of the transaction and negotiations
- preliminary contracts, sale and purchase agreements and other transaction documents
- Signing & Closing
- conditions for completion of the transaction, security and post-closing questions
- Cross-Border Real Estate Transactions
We carry out legal due diligence of real estate before its acquisition, sale, development or financing, with a focus on identifying questions that can affect the value of the property, the structure of the transaction or the delivery of the planned investment.
Our services include:
- Legal Due Diligence
- Buy-Side & Vendor Due Diligence
- Red Flag Due Diligence
- analysis of ownership and the land-registry position
- analysis of encumbrances, third-party rights, easements and other rights in rem
- analysis of contracts and documents connected with the property
- identification and assessment of legal risks relevant to the investment decision
We look at real-estate transactions together with their corporate, financial and tax aspects, so that the structure of the investment is adapted to the investor’s business and economic objectives.
Our services include:
- Transaction Structuring
- Investment Structuring
- Asset Deal / Share Deal
- Real Estate M&A
- Special Purpose Vehicles (SPV)
- domestic and cross-border investments
- corporate structuring of real-estate investments
- tax aspects of the acquisition, holding, financing, use and disposal of real estate
- connection with the corporate/M&A and tax practice in more complex investment structures
- planning the exit from the investment and exit structuring
We follow investors through the whole development cycle of a project, from the acquisition of the land and the definition of the investment structure, through development and construction, to commercialisation, management and exit from the investment.
Our services include:
- Real Estate Development
- Development Projects
- Greenfield & Brownfield Investments
- acquisition and structuring of land
- legal structuring of the project
- development, construction and commercialisation
- Project & Risk Structuring
- coordination of legal questions with technical, financial, tax and other advisers
- Asset Management
- Exit Strategies
We advise and represent clients on property-law and land-registry questions connected with the acquisition, development, financing, use and disposal of real estate.
Our services include:
- registration and other land-registry questions
- alignment of the land-registry position and the actual position
- encumbrances and third-party rights
- pledges and other security over real estate
We advise on the creation, transfer, amendment and termination of the rights in rem needed for the development and long-term use of real estate. We apply particular experience to more complex development and investment projects, in which an appropriate structure of rights in rem is the basis for delivering the project.
Our services include:
- rights of passage and access
- infrastructure easements
- building right
- other rights in rem
- long-term structures for the use of land
We advise landlords, lessors, tenants and lessees on the negotiation and conclusion of leases of real estate for business, commercial, office and other purposes. We pay particular attention to the commercial terms, the allocation of responsibility and risk, and the mechanisms that govern the long-term relationship of the parties.
Our services include:
- long-term lease and tenancy relationships
- commercial terms and allocation of risk
- indexation and adjustment of rent
- security
- adaptation and use of the premises
- termination, extension and amendment of lease and tenancy relationships
We support the structuring, negotiation and preparation of contracts connected with the development and construction of real estate, with an emphasis on a clear allocation of responsibility and risk between the participants in the project.
Our services include:
- contracts with contractors, designers and other participants in the project
- contractual allocation of risk
- time limits, liability and security
- changes to the project, additional works and claims during delivery
- legal support during construction and completion of the project
We advise on the legal aspects of financing the acquisition and development of real estate, and we work with clients and financial advisers on putting in place an appropriate financing structure and security.
Our services include:
- structuring and documenting the financing
- mortgages and other security
- corporate security
- legal support in satisfying the conditions of financing and in closing the transaction
We advise investors and business partners on setting up joint structures for the acquisition, development, financing, holding and management of real estate.
Our services include:
- ownership and financing structure
- governance and economic rights of the partners
- mechanisms for resolving deadlock situations
- transfer of shares and exit mechanisms
We advise on regulatory, property-law and other questions that can affect the development, use or disposal of real estate and the delivery of an investment project.
Our services include:
- questions of the use and development of real estate
- regulatory questions relevant to the project
- legal analysis of project risks
- coordination with architects, engineers, tax, financial and other specialist advisers
When a transaction or a project turns into a dispute, we connect the experience of our real-estate practice with an approach aimed at finding fair, effective and amicable solutions, and we represent clients in disputes relating to ownership, development, construction, use and disposal of real estate.
Our services include:
- ownership and possession disputes
- contractual disputes
- disputes arising from sale and lease relationships
- disputes connected with rights in rem
- disputes connected with the development and construction of projects