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Real Estate

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.

Whether you are in the retail, residential, hotels, infrastructure, office, logistics or renewable energy sectors, we have the specialists to help. CMS Luxembourg is advising local or foreign clients on all types of portfolios and on all key aspects of real estate transactions such as: risk assessment, structuring or negotiation. We also have a lot of experience in advising on real estate funds including the launch and operation of such funds. 

With over 450 lawyers in 33 countries, we give consistent legal advice across borders, coordinated from your home market. 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.


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15/03/2024
Real estate finance law in Luxembourg
A. Mortgages 1. Can security be granted to a foreign lender? Foreign lenders are not restricted from taking mortgages over immovable property located in Luxembourg. 2. Can lenders take a mortgage over...
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 Luxembourg
1. Due diligence costs for the purchase of real estate 1.1 Municipal search Cost N/A VAT N/A 1.2 Utility search (each service) Cost Time-based cost plus out-of-pocket expenses (e.g. for ad­min­is­trat­ive...
04/04/2023
European Commission amends Article 102 TFEU guidance paper and announces...
In 2008, the Commission adopted its Guidance on the Commission`s enforcement priorities in applying Article 82 of the EC Treaty (now Article 102 TFEU) to abusive exclusionary conduct by dominant undertakings...