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Real Estate & Construction

Netherlands

We know the world of the investor, the developer, the tenant, the construction consortium or the asset manager like no other. Our advice therefore always makes the difference you need and stimulates your entrepreneurship. Evidently we know local markets from inside and out, but we feel just as much at home in international markets. You will profit from this to the fullest. Since you are our main point of focus, we will manage our international teams from the country where you are located. You will have the guarantee that we have all the expertise that you need in order to make a difference in the real estate market.

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 450 lawyers in 33 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.

Significant clients: ASR, BAM, Ballast Nedam, Borghese, Bouwfonds.

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Clients observe that the CMS team is "very approachable and capable," further noting that its "turn-around time is good, and our ad hoc matters are turned around quickly."

Chambers Europe, 2017

CMS’ ‘proactive, pragmatic’ department is headed by the ‘inspirational’ Arnout Scholten and the ‘deal-oriented’ Hein van der Meer, who is ‘a very good team player’. Land purchases, commercial property transactions, development projects and leasing matters are frequently handled by the team.

Legal 500, 2017

CMS is excellent. The lawyers understand their client, and they understand the needs of the client around risk.

Chambers Global, 2016

The firm is knowledgeable, professional and fast. It is able to operate in such a way that we do not see it as our external adviser, but as a part of our team.

Chambers Europe, 2016

CMS fields ‘pragmatic, friendly experts’ who are ‘legally and commercially trustworthy’.

Legal 500, 2017

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    Agricultural Sector

    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.

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    Construction

    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.

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    Corporate Real Estate

    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.

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    Exploitation of Real Estate

    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.

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    Planning & Development/Environment

    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.

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    Real Estate Development

    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.

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    Sustainability

    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.

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    26/06/2017
    CMS Guide to Build­ing In­form­a­tion Mod­el­ling (BIM)
    June 2017
    CMS An­nu­al Re­view 2016-2017
    Provid­ing you with the ser­vice you need wherever you...
    Glob­al In­fra­struc­ture Re­port - CMS In­fra­struc­ture In­dex...
    An Over­view

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    Gregor Famira
    05/10/2015
    CMS European Real Es­tate Deal Point Study 2015
    European prop­erty mar­ket sees con­tinu­ing trend to­wards...