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Portrait of Bruno Duquesne

Bruno Duquesne

Partner

CMS DeBacker
Chaussée de La Hulpe 178
1170 Brussels
Belgium
Languages French, Dutch, English

Bruno advises both domestic and foreign clients on all aspects of property transactions, including deal structuring, due diligence, drafting and negotiating sale and purchase of properties and real estate companies, joint venture development and credit facility documentation.

He also has extensive experience with cross-border deals and is able to coordinate and monitor transactions involving several jurisdictions.

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"Bruno Duquesne is impressive and consistently delivers high-quality commercial advice."

Feedback from a client - Chambers Europe, 2022

"helpful and reliable"

Feedback from a client - Chambers Europe, 2022

"Bruno Duquesne-commercially bright and very easy to deal with. Always good quality considered advice."

Feedback from a client, Legal 500, 2022

Relevant experience

  • Acting for a German investment fund on the sale of various properties in Brussels
  • Regularly acting for various domestic and foreign financial institutions in their lending operations in Belgium relating to acquisition of real estate
  • Acting for several French real estate groups in their plans for developing shopping centres in Belgium
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Publications

  • « Le bail commercial de courte durée arrive enfin à Bruxelles », L’Echo, 15 May 2019
  • « Quel bilan 5 ans après la régionalisation des baux ? », L’Echo, 18 April 2019
  • "Traité pratique de droit commercial, Tome 1 : Principes et contrats fondamentaux – Titre VI Le Leasing immobilier", Kluwer 2009, co-authored with Didier Grégoire
  • "Property finance: what the coming year?", Belgian Real Estate Showcase 2011
  • "Belgian Real Estate Certificates: rediscovering an ancestor", Belgian Real Estate Showcase 2010
  • "Le club deal, comme soupape à la crise ?", L’Echo, 20 May 2010
  • "Financement immobilier. Considérations typologiques et structurelles", Revue pratique de l’immobilier, 3/2009
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Education

  • 1986 - Université Catholique de Louvain, UCL (Law Degree)
  • 1987 - Georgetown University Law Centre (LL.M.)
  • 1989 - Bar admission
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18/12/2017
10 ques­tions about the new Bel­gian se­cur­ity in­terests re­gime
The re­form of the leg­al frame­work of se­cur­ity in­terests over mov­able as­sets was seen as long over­due. The trans­ition from the pre­vi­ous sys­tem, based on the dis­pos­ses­sion of the pledged as­sets, to a new...
04/10/2016
CMS European Real Es­tate Deal Point Study 2016
2015 was an­oth­er re­cord year, with the deal value of the European in­vest­ment mar­ket reach­ing an un­pre­ced­en­ted high of al­most EUR 250bn. Highest growth was in Ger­many, where deal val­ues were al­most EUR...

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08/07/2022
CMS ad­vised In­vest­corp on their ac­quis­i­tion and fin­an­cing of two of­fice...
CMS ad­vised the al­tern­at­ive in­vest­ment firm In­vest­corp on their ac­quis­i­tion and fin­an­cing of two of­fice build­ings in Bel­gi­um, Av­en­ue de la Porte de Hal 27, oc­cu­pied by the Flem­ish gov­ern­ment, and Av­en­ue...
25/08/2021
CMS Real Es­tate Glob­al Bro­chure
Glob­al­isa­tion, polit­ic­al tur­bu­lence, changes in urb­an liv­ing pat­terns, in­creased di­git­isa­tion, shift­ing con­sumer be­ha­viour and flex­ible work­ing are just some of the is­sues that are trans­form­ing the de­mands...
13/07/2021
Cut­ting-edge Real Es­tate in Bel­gi­um
Glob­al­isa­tion, polit­ic­al tur­bu­lence, changes in urb­an liv­ing pat­terns, in­creased di­git­isa­tion, shift­ing con­sumer be­ha­viour and flex­ible work­ing are just some of the is­sues that are trans­form­ing the de­mands...
12/07/2021
We­bin­ar: Real Es­tate & In­solv­ency
Al­though the eco­nomy seems to re­cov­er quickly, the real es­tate plan­et is and will con­tin­ue to be fa­cing chal­len­ging times. The end of the pro­tec­tion and sup­port meas­ures put in place by our gov­ern­ments...
21/04/2021
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...
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.
22/12/2020
Law and reg­u­la­tion of Cov­id-19 loan morator­i­ums in Bel­gi­um
1. De­scrip­tion of the le­gis­la­tion 1.1 Is there a morator­i­um on loans le­gis­la­tion im­ple­men­ted in your jur­is­dic­tion? Yes. 1.2 If no: Are there any on­go­ing dis­cus­sions re­gard­ing a po­ten­tial in­tro­duc­tion...
Comparable
07/07/2020
Build­ing law and reg­u­la­tion in Bel­gi­um dur­ing Cov­id-19
Up­dated on 08.04.2020. 1. Is there con­struc­tion-rel­ev­ant COV­ID-19 reg­u­la­tion? No, there is no COV­ID-19 reg­u­la­tion in Bel­gi­um that ex­clus­ively ap­plies to the con­struc­tion in­dustry.However, gen­er­al COV­ID-19...
24/06/2020
We­bin­ar re­cord­ings - Cov­id-19 (Coronavir­us) in Bel­gi­um
Watch the re­cord­ings of we­binars where our spe­cial­ists tackle some im­port­ant as­pects and prac­tic­al steps that busi­nesses should take in­to con­sid­er­a­tion in light of the COV­ID-19 (coronavir­us) out­break. ...
17/06/2020
Law and reg­u­la­tion of rent­al agree­ments in Bel­gi­um dur­ing Cov­id-19
Up­dated on 25.03.2020 1. Is a less­ee eli­gible for rent re­duc­tion due to a sig­ni­fic­ant de­cline in foot­fall and con­sequently its turnover as a res­ult of COV­ID-19? No a de­cline of the turnover does not...
28/04/2020
CMS We­bin­ar - Cov­id-19 and Real Es­tate - Leg­al is­sues to bear in mind in...
The Cov­id-19 crisis is dom­in­at­ing the in­ter­na­tion­al news and af­fect­ing all areas of busi­ness life. The Real Es­tate sec­tor makes no ex­cep­tion. Own­ers and oc­cu­pants as well as many oth­er act­ors of the in­dustry...
17/03/2020
CMS as­sisted In­vest­corp in the ac­quis­i­tion of the Brus­sels Headquar­ters...
CMS is proud to have as­sisted In­vest­corp in the ac­quis­i­tion of the Brus­sels Headquar­ters of Coca-Cola in the con­text of a sale and lease­back trans­ac­tion. In­vest­corp is a world-lead­ing man­ager of al­tern­at­ive...