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As an investor, developer, occupier, construction consortium or asset manager, your real estate deals are executed to tight deadlines within complex local legal systems. If, for example, your property assets cross international markets, you face issues based on differing real estate law as well as cultural and economic contexts. With over 800 lawyers in 40 countries, we give consistent legal advice across borders, coordinated from your home market. Whether you are in the retail, residential, hotels, infrastructure, care home, office, logistics, renewable energy or student accommodation sectors, we have the specialists to help.

Through decades of experience of doing deals across Europe, our multi-jurisdictional teams adhere to the same templates, processes and standards, including project management. This means we can deploy specialist teams to advise you immediately, irrespective of where the real estate assets are. If you are launching or operating a real estate fund or setting up a real estate related joint venture, our funds and corporate experts can give you country-specific support. This approach allows us to guide your tax, planning, debt financing, construction and management issues in addition to your traditional real estate portfolio and property management work.

"CMS is very good and very commercial."

Real Estate client - Chambers Europe, 2023

"Excellent technological support, great network over several countries allowing the firm to render excellent advice in multi-jurisdictional deals at a high level. Great flexibility in proposing secondees during times we need more support. Very pleasant team with great know-how."

Feedback from a client about the department - Legal 500, 2022

"They are a very user friendly and highly skilled team. They offer clear commercial advice and will provide an opinion rather than sitting on the fence."

Feedback from a client about the department - Legal 500, 2022

"The team was very well rounded and had expertise in every area where we needed assistance. Its definitely a comprehensive practice."

Feedback from a client about the department - Legal 500, 2022

"CMS Real Estate team knows how to adapt and advise foreign clients with great clarity and patience. Very business oriented, with an ability to remain firm while being commercial which allows quality transactions to be signed quickly."

Feedback from a client about the department - Legal 500, 2022
19/04/2021
CMS European Real Estate Deal Point Study 2021
The COVID-19 pandemic has left its mark on the European investment market. Investment volumes were around 23% lower than in the previous year, 2019, with its record performance. Buyers focused primarily on properties with stable income and those only minimally affected by the pandemic. The number of transactions in which steps were taken to ensure the buyer met its financial obligations was at a record high. The trend towards more buyer-friendly arrangements continued. Those are the key findings of the CMS European Real Estate Deal Point Study 2021. For the latest edition of this survey of the European real estate transaction market, international commercial law firm CMS systematically assessed and evaluated more than 1,900 real estate agreements on which it advised in countries across Europe from the beginning of 2010 to the end of 2020. The key find­ings:In­vestors focus on stable incomeThe COVID-19 pandemic led to a change in investor interest in the individual asset classes. Buyers focused primarily on properties with stable income and those that were only minimally affected by the pandemic. Logistics and residential properties were especially popular. Office real estate remained the strongest asset class in Europe, but its share of the market fell to a record low of 30%. Demand for retail properties remained at a consistently low level (15%). Logistics real estate performed particularly well, posting a rise to 19% , a new record. The proportion of investment going into specialist properties such as hotels fell significantly (14%). Residential real estate proved popular with investors, with its share rising to 22%. Sellers taking steps to ensure that buyers meet their financial ob­lig­a­tionsDur­ing the pandemic, an increased need for security on the part of sellers was apparent. The proportion of transactions in which steps were taken to ensure the buyer met its financial obligations rose to a record high of 64%. In previous years, security was agreed in less than 50% of all transactions. This high level is due to the increased desire for security on the part of sellers as a result of the pandemic; they were often uncertain about the buyer’s solvency going forward. As a means of providing security, both bank guarantees (17%) and a notary’s escrow account (10%) became less popular. In many cases, in contrast, the buyer made an advance payment (29%). In 9% of transactions, use was made of submission to immediate enforcement. Risk allocation in contracts: buyers catching up in a seller-friendly marketBuyers were able to strengthen their position further in 2020 with regard to risk allocation in contracts. In a market environment that remained very seller-friendly, they succeeded in obtaining favourable contract terms more often than in previous years. As part of the warranty, guarantees were again agreed more often in favour of buyers. The percentage of agreements with individual liability provisions increased to 75%. It was common practice to provide for both subjective and objective guarantees. The proportion of deals with seller-friendly limits on liability, such as de minimis and basket clauses and caps, dropped slightly below the prior-year level in 2020. The upward trend seen over many years in agreements aimed at limiting liability has thus been curbed somewhat, while buyers were able to negotiate more favourable contract terms more often than before. Buyers also prepared ground with regard to the contractual provisions on limitation periods. An increasing number of limitation periods from 18 to 24 months were agreed in 2020, while there was a slight fall in the proportion of short limitation periods of up to 18 months. National investors more prom­in­entIn­t­er­na­tion­al investors had a tough time in 2020. While international sellers have been responsible for the majority of deals since 2017, their percentage dropped back down to 43% in 2020, with national investors becoming more active. National investors accounted for 48% of deals in 2018, while in 2020, 57% of real estate investments were made by national investors.

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15/03/2024
Real estate finance law in Belgium
A. Mortgages 1. Can security be granted to a foreign lender? Yes. 2. Can lenders take a mortgage over land and buildings on the land? Yes. 2.1 The distinction between mortgages on land and buildings...
12/03/2024
CMS advised AG Real Estate and Atenor in connection with a EUR 88 million...
CMS advised AG Real Estate and Atenor in securing EUR 88 million in project financing for the NOR Bruxsels project. The cutting-edge, sustainable, mixed-use redevelopment project around the North Station...
01/03/2024
Pre-conditions to arbitration and the FIDIC 2nd Edition
Amendments to the FIDIC 2nd Edition contracts published in November 2022 have narrowed the definition of “Dispute” to more closely align it with the pre-conditions to DAAB and arbitration proceedings...
23/02/2024
The CBAM – what is it and how will it affect the market?
Regulation (EU) 2023/956 establishing a carbon border adjustment mechanism (CBAM) entered into force on 17 May 2023. The implementation of the CBAM has been divided into a transitional period (from 1...
19/01/2024
CBAM: Just over a week to comply
As the deadline for the first Carbon Border Adjustment Mechanism (CBAM) report approaches on January 31st, it is crucial for undertakings engaged in importing relevant goods into the European Union to...
01/11/2023
Delay claims under the FIDIC form: Obrascon challenged
A recent decision of the Court of Appeal of the Dubai International Financial Centre has adopted a stricter interpretation of the requirements for notifying delay claims under the FIDIC form, disagreeing...
11/09/2023
CMS Annual Review of English Construction Law Developments: An International...
We are pleased to announce the publication of the 2023 edition of our internationally focused Annual Review of English Construction Law Developments. Now in its thirteenth year, the Annual Review summarises...
30/08/2023
CBAM Implementing Regulation and Extensive Additional Reporting Guidance...
Earlier this month, the European Commission (“EC”) adopted an Implementing Regulation (“IR”) and released extensive Guidance Documents (“Guidance”) on the practicalities of reporting requirements...
17/07/2023
Resource Nationalism in Battery Metals: Risks and Mitigation
With continued warfare in Ukraine, conflict in Sudan and tensions between the U.S. and China, the state of international relations appears increasingly volatile. This fractious landscape sits abreast...
12/05/2023
Consultation on the EU’s interim emissions reduction target for 2040
Until 24 June 2023 the European Commission is consulting to gather views on the EU’s climate target for 2040.Since the Communication of the European Green Deal in late 2019, there have been a raft of...
10/05/2023
At last: invalidity and revocation actions now available before TM offices...
One of the most significant innovations introduced by the EU Trade Mark Directive 2015/2436 (the so-called trade mark reform package) was the requirement for all EU countries to implement – where not...
03/05/2023
Real estate transaction costs and taxes in Belgium
1. Due diligence costs for the purchase of real estate 1.1 Municipal search Cost EUR 250 VAT Nil 1.2 Utility search (each service) Cost N/A VAT Nil 1.3 Land registry search (per search) Cost EUR...