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Real Estate

We advise investors, developers, lessors, construction consortiums and asset managers on all matters relating to property development, investment and divestment in properties, construction and property procurement, as well as financing and sale & lease-back transactions. Moreover, we provide legal advice in terms of urban planning and management and, in particular, land reallocations, as well as all procedural and tax aspects relating to such matters.

Our Corporate Real Estate department provides advice aligned to the creation or management of funds and property enterprises, as well as the drafting of joint venture agreements, guiding clients on all tax, planning and funding aspects of real estate projects.

In addition, our international presence of more than 1,000 specialist lawyers in 44 countries offering comprehensive legal advice across several jurisdictions enables us to counsel some of the leading multinational companies in the real estate and construction sectors. With decades of experience in transactions carried out all over Europe, our multijurisdictional teams share templates, processes and standards, including project management best practice, providing clients with immediate advice regardless of where the real estate assets are located.

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Real Estate Finance
The real estate finance market has undergone significant change in recent years, with increased regulation, the entrance of more categories of lenders

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18/06/2024
Real estate finance law in Spain
A. Mortgages 1. Can security be granted to a foreign lender? Yes. Generally, there are no restrictions on the ownership of land by foreign parties or in relation to the taking or enforcement of security...
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...
08/06/2023
CMS advises Pictet on the acquisition of a large logistics warehouse in...
CMS Spain has advised funds managed and/or advised by Pictet Alternative Advisors, the alternative investment division of the Swiss-origin Pictet Group, in the acquisition of a large logistics warehouse...
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 Spain
1. Due diligence costs for the purchase of real estate 1.1 Municipal search Cost Cadastre certificate: in general terms, approx. EUR 8.64 (plan) Cadastral map: it depends on the size and nature of...
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...
28/03/2023
European Parliament and Council ready to start negotiations on EU Data...
In February 2022 the European Commission presented its proposal for the EU Data Act, which – if adopted - will introduce a far-reaching legal regime on access to and use of non-personal data in the...
20/03/2023
Out with the old, in with the new? Considerations for patentees in opting...
So far in this series of blog posts, we began with an article that highlighted some of the key changes between the current European system of patent prosecution and enforcement and the new Unitary Patent...