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Real Estate & Construction

The challenges

The growing complexity of regulations and case law at all stages of property investment, construction, occupancy and site operation calls for a thorough understanding of the related issues and challenges. Because the frequency of legal disputes is on the rise, more careful preparation is required at the planning stage by all operators involved with regard to the procedure envisaged, the content of the documentation (especially contracts), the type and details of any necessary legal action.  

Our practice areas

  • Legal transactions in the real estate sector: Sale/purchase of real estate companies and businesses in the field of real estate. Creation of companies in the real estate sector. Creation/purchase and monitoring real estate investment companies. Structuring and arranging real estate transactions under company law.
  • Leases and real estate leasing: Commercial and professional leases, short-term leases, right to lease, building leases. Pre-litigation (negotiating compensation for eviction). Litigation relating to commercial leases.
  • Other real estate agreements: Assistance agreements for private contracting owners, delegated private contracting owners. Construction agreements (real estate development, project contracts). Real estate subcontracting agreements. Architecture agreements. Project management agreements.
  • Construction insurance: Structural damage insurance (all site risks, building defects, unique policy per site), ten-year liability insurance, professional liability insurance, professional third-party liability insurance.
  • Real estate taxation: Taxation of real estate transactions and development. Transfer duties (real estate VAT, registration duties). Taxation of leases. Individuals’ income from real estate. Tax exemption.
  • Litigation relating to real estate: Promises of sale, transfers of ownership. Leases and real estate leasing (termination, termination compensation, etc.). Execution against real estate. Urgent court applications for preventative action. Building sellers’ and builders’ liability. Expert opinions on property disturbances. Litigation relating to works contracts. Litigation relating to subcontracting.
  • Urban planning – Environment: Urban planning regulations. Urban planning permissions. Operational urban planning. Pre-emption rights. Taxes for urban planning collected. Management of pre-litigation and litigation, urgent court applications. Environmental impact (littoral, mountain, natural reserves). Law on polluted ground (representation and warranties, rehabilitation). Classified sites for the protection of the environment. Water protection.
  • Employment law relating to the real estate sector: Application of collective agreements and national agreements in the real estate, real estate development, construction and public works sectors. Health and safety at building sites. Undeclared work. Subcontracting. Hiring foreign employees. Paid holiday fund for the construction sector. Criminal employment law (undeclared work, improper supply of workers, improper subcontracting, occupational accidents, etc.).

Our approach

We provide the following services for all of the above areas and operations:

  • Audits of the legal, tax and administrative situation, advice, legal opinions and assistance in negotiating and finalising agreements, preliminary contracts and contracts.
  • Litigation relating to these areas.  

Our clients

Banks, investment institutions and real estate trusts, occupants (large companies, small and medium-sized enterprises), developers, real estate intermediaries and other key operators in the real estate sector.

Our expertise in these various areas is provided by lawyers with solid experience in the real estate sector who have ongoing opportunities to work with the firm’s specialists in real estate law, real estate taxation and local taxation in order to ensure a high-level multidisciplinary perspective. We adopt a comprehensive approach when managing our clients’ operations throughout the planning, implementation and performance stages by handling relations with other participants (notaries, surveyors, assessors, administrative authorities, tax authorities, etc.).

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Picture of Pierre Devis
Pierre Devis
Part­ner
Member of the Executive Board
France, Lyon
Pierre Devis joined CMS Francis Lefebvre Lyon Avocats in 1990
Picture of Jean Philippe Clement
Jean Philippe Clement
Part­ner
France, Lyon
Jean-Philippe Clément is a partner in the Corporate law department of CMS Francis Lefebvre Lyon Avocats. Jean-Philippe specializes in mergers & acquisitions transactions, corporate restructurings, ...
Picture of Yves Delaire
Yves Delaire
Part­ner
France, Lyon
Yves Delaire is a partner in the Public Law department of CMS Francis Lefebvre Lyon Avocats since its creation in 1990, which he directly contributed to. He has been a member of the Supervisory...
Picture of Guillaume Belluc
Guillaume Belluc
Part­ner
France, Lyon
Guillaume Belluc joined CMS Francis Lefebvre Lyon Avocats Real Estate / Construction team since 2007. Guillaume intervenes in all types of litigation relating to construction law (technical e...
Axelle Jeannerod
As­so­ci­ate
France, Lyon
Axelle Jeannerod joined CMS Francis Lefebvre Lyon Avocats as an associate in 2019.Axelle is involved in real estate and construction litigation.
Anne-Charlotte Goursaud-Treboz
As­so­ci­ate
France, Lyon
Anne-Charlotte Goursaud-Treboz has been a senior associate at CMS Francis Lefebvre Lyon Avocats since 2010 and acts in litigation relating to construction and real estate law, and on matters ...
Ngo Madjo Nouck
As­so­ci­ate
France, Lyon
Ngo Madjo Nouck is an associate at CMS Francis Lefebvre Lyon Avocats, which she joined in 2016.She acts in litigation relating to construction and real estate law.