Real Estate – Construction

Structuring real estate transactions

• Urban Planning and Development Law (advice and litigation support in all matters relating to land use, to relationships with development companies, allotments, to urban planning and development, including commercial development in the urban space, and land-use control (expropriation, right of first refusal, etc.)).
• Building regulations (buildings open to the public (ERP), high-rise buildings (IGH, IMH), special rules for certain business sectors).
• Operating regulations (commercial zoning and Facilities Classified for Environmental Protection (ICPE) in cooperation with our Environment practice).
• Real estate potential (geotechnical and geophysical) and environmental audit of the soil (in cooperation with our Environment practice).
• Legal and financial structuring in coordination with the firm’s Tax, Banking and Corporate law practices, drafting financing contracts (loans and guarantees).
• Construction lease — long leasehold (civil and administrative law).
• Lease financing (advice and litigation support, from the structuring phase to performance and termination of the leasing contract).
• Tenancy agreements (public and private).

Real Estate transactions

• Preventive summary proceeding and neighborhood rights.
• Law governing private and public works procurement (assistance and advice in the drafting, performance and termination of works contracts).
• Assistance in setting up payment guarantees due to contractors in construction contracts and in the form of guarantees to replace retentions.
• Subcontracting law (contract drafting, direct action, direct payment, subcontractor payment guarantees).
• Assistance in the payment of construction works (itemisation of works, triggering of financial guarantees in favor of companies or contractors).
• Liability of stakeholders involved in construction (advice and litigation support in connection with application of the ten-year and two-year liability warranty, completion warranty, builder’s liability, claims management during works).
• Construction Insurance (property and casualty insurance, mandatory ten-year liability insurance for contracting lessors and insurance covering other parties involved in the construction).

Marketing and managing Real Estate transactions

• Property development – Sale before completion transactions – Sale of buildings to be renovated – Construction of individual homes
• Financial guarantees for completion and delivery
• Sale of property (advice and litigation support in connection with the preliminary contract and deed of sale, assistance in activating warranty against latent defects, liability incurred for late completion of the building, default on completion of works and non-compliance).
• Assistance in forming, implementing, renewing, and terminating civil (home, furnished, professional, etc.), commercial, and agricultural leases.
• Assistance in pricing procedures for renewed or revised leases and eviction compensation.
• Assistance for real estate professionals (sales and property management).
• Co-ownership law, Free Urban Land Association (AFUL) and Free Homeowners’ Associations (ASL).