Real Estate & Construction

The agricultural sector is constantly changing. Sustainable agriculture and concern for animal welfare make new demands on the balance between environment and economy. Farms face new rules on size ("factory farming"), manure processing and rural homes. Furthermore, entitlements and lease prices affect the business. Lease and expropriation laws are also constantly developing and farms and municipalities can face lengthy negotiations on the conditions under which the redevelopment of rural areas can take place. A large number of cases that influence the development and production in the agricultural sector.

CMS is one of the leaders of construction and procurement law. Our specialists do not only keep themselves and their clients continuously informed about the latest developments in the field of construction and procurement law, but also on developments in the real estate sector. This applies to civil engineering projects such as civil and utility construction and installations.

Our Corporate Real Estate group was created in response to changes in real estate transaction and portfolio structures, in which property and corporate matters are becoming increasingly interwoven. The group is primarily focused on portfolio deals, whether structured as a transfer of assets, of shares in property companies or a combination of both, and on advising on the establishment and operation of real estate funds. We use an integrated approach, with tax advisors, civil-law notaries and lawyers from different practices working closely together, ensuring that our clients receive total solutions through a single point of contact. We act for a wide range of clients, including real estate investors, property managers, fund originators and managers, developers and banks.

No return on investent on vacant/redundant properties; the rental income of the property determines the value of the property. The type of use on the other hand could also affect the life span of the property. Different legal and tax rules apply to the various types of utilisation and for various stakeholders such as the tenant and the owner of the property. It is therefore important to well manage the [exploitatie] of the property. Our real estate specialists are best equipped to advise you and find the optimal solution.

Property developers and public authorities are exceedingly ambitioxus when it comes to building and infrastructure projects. The Netherlands is a small country, however, and space is limited. Spatial planning law therefore plays a major role here. The growing number of planning laws, including at European Union level, means that sound legal assistance is needed right from the start of a project and will produce the best results. To make matters even more complex, national and regional planning and zoning regulations are constantly being amended, with public authorities at every level redefining strategic planning policies, developing new and legally binding zoning plans, and issuing general mandatory regulations on spatial planning.

With property development, all kinds of questions about spatial planning, entering into leases, contracts of sale and cooperation agreements, as well as the acquisition of land, need to be addressed.

Sustainability is the leitmotiv in today’s world and in the world of Real Estate, whether it concerns the phase of construction, utilisation or redevelopment. Sustainability is becoming a requirement that is not yet fully crystallised and therefore offers potential tax and financial benefits. Regulations and case law/jurisprudence in this area are under development. Our Real Estate specialists follow the developments with close attention.