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Real Estate & Construction

France

From the increasing importance of green issues to the emergence of coworking and coliving, the digitalisation of design, the marketing and use of properties, the planned obsolescence of buildings stock and the explosion of alternative assets – the real-estate sector is undergoing profound transformations, reflected in the numerous reforms of the applicable legislative and regulatory framework (including the Alur law, the Pinel law, the Macron law, the law on energy transition for green growth and reform of contract law). In order to secure and optimise your projects and your assets in this rapidly-changing and complex environment subject to numerous subtle technical factors, a perfect understanding of legal and tax challenges is required, from planning of your operations to their performance.

Whether you are a French or foreign investor, a user (large company or SME), a developer, a builder, an intermediary, a regional authority, a banking establishment or any other operator in the sector, we are able to support you at each stage of your project.

Given the wide range of disciplines involved – and to provide you with leading-edge support in all situations – the 80 associates from our real-estate division in France offer their combined knowledge and expertise in the urban planning and property tax

Our teams are therefore able to offer general or specific support in all aspects of your real estate projects: sales and acquisitions of buildings (industrial, commercial and residential buildings, land, leisure facilities, hotels, whether already built or in the planning stages, and individual or grouped assets); construction and development (construction contracts, contracting authority assistance, contracting authority delegation, project management, property development, construction leases and off-plan leases); leases (advice and disputes relating to commercial leases—negotiation, fixing of rent on renewal, eviction, termination, completion of works, civil law leases, exceptional leases, professional leases and residential leases); development and administrative authorisations (public domain occupancy agreements, financing, construction and maintenance agreements, partnership agreements, long-term administrative leases, temporary occupancy permits, long-term hospital leases); urban planning (advice and disputes in terms of national and local urban planning rules, building permits, taxes and contributions, commercial planning, approvals and fees specific to the Greater Paris region); environment and sustainable development (pollution and facilities classified for the protection of the environment, audits of the location of real estate assets and operating sites, problems associated with the Grenelle environmental regulations, green leases); expropriation (advice concerning public utility declarations, procedure and fixing of compensation payable to owners of real estate assets and commercial or industrial operators); co-ownership (advice and disputes relating to co-ownership); real estate professions (advice and disputes relating to property administrators and problems associated with the Hoguet law); financing of real estate projects (legal and tax aspects); property taxation (tax optimisation of investment structures – SIIC, OPCI, SCPI regime, etc., taxation on property transactions); local taxes before, during and after works (built and non-built land taxes, annual tax on offices, commercial and storage premises in the Greater Paris region, regional economic contribution); real estate VAT (property transactions, development, property traders) and transactions concerning companies operating in the real estate sector. 

In each of these fields, they offer audits of the administrative and legal situation, advice, assistance with negotiations and the conclusion of agreements and contracts, as well as management of disputes before civil and administrative courts.

Support from the CMS international network , comprising 800 specialist associates, allows us to provide you with tailored and effective solutions, whatever the geographical scope of your issues.

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    Commercial leases

    As experts in the new rules, familiar with the relevant case law, our associates can advise and assist you in the negotiation 

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    Construction & development

    Combining all relevant legal and tax disciplines, our real-estate division is able to play an essential role, supporting you at both an advisory level and with implementation of your projects.

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    Financing

    Recognised for its expertise in complex structured financing, mortgages and property securities, 

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    Real Estate disputes

    Our associates draw on their widely recognised experience to advise you and defend your interests with pragmatism

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    Real estate management

    Our real estate management specialists are well know for their solid experience 

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    Sales & acquisitions

    Thanks to our specialists in legal and tax (re)structuring and investment funds, we are able to work on all types of investment and sale operations. 

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    October 2020
    Our real es­tate cap­ab­il­ity at your ser­vice
    06 October 2020
    Com­mer­cial real es­tate: a re­mind­er of why land­lords should keep evid­ence...
    Since the Pinel law No. 2014-626 dated 18 June 2014 was en­acted, every com­mer­cial lease agree­ment entered or re­newed as of 1st Septem­ber 2014, must provide a pre­cise in­vent­ory of the cat­egor­ies of charges...
    28/07/2020
    Leg­al 500 Par­is 2020: our law firm’s rank­ings
    Our law firm is ranked in 20 cat­egor­ies by Leg­al 500 Par­is 2020. Tax, Em­ploy­ment, etc. Dis­cov­er all our law firm’s rank­ings!
    27 August 2020
    Tail­ings Man­age­ment and New Stand­ards of Reg­u­la­tion
    Tail­ings dam fail­ures have put the min­ing in­dustry in the head­lines for the wrong reas­ons in re­cent years. Dam fail­ures can have dis­astrous con­sequences in terms of loss of life and en­vir­on­ment­al dam­age...
    03/07/2020
    Le Point: our law firm rank­ings
    Our law firm is part of the first « The best law firms » awards of Le Point – Statista. Bank­ing law, etc. Dis­cov­er all our rank­ings!
    07 August 2020
    Treaty claims for can­celled or mod­i­fied in­fra­struc­ture pro­jects in the...
    A re­cent IC­SID tribunal has denied an in­vestor’s claim con­cern­ing the de­vel­op­ment of an air­port pro­ject in Latvia. The in­vestor was un­able to pro­ceed with the con­struc­tion of its pro­ject due to nu­mer­ous a...
    26/06/2020
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    05 June 2020
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    Last month we re­por­ted on a TCC de­cision which con­sidered the re­quire­ments for mak­ing and re­ject­ing a de­mand un­der an ad­vance pay­ment bond sub­ject to the URDG. Very sim­il­ar is­sues have now been con­sidered...
    04/05/2020
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    Our law firm ad­vised Apollo Glob­al Man­age­ment, Inc. on the ac­quis­i­tion of a sub­stan­tial por­tion of SPX FLOW, Inc.’s former Power and En­ergy re­port­able seg­ment.
    07 May 2020
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    GRESB has launched its 2020 Real Es­tate As­sess­ment. GRESB is the lead­ing glob­al En­vir­on­ment­al, So­cial and Gov­ernance (ESG) bench­mark for the real es­tate and in­fra­struc­ture in­dus­tries. It is a vol­un­tary...
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    Our law firms are rank­ing in Leg­al 500 EMEA 2020. Tax law, cap­it­al mar­kets, em­ploy­ment,... See all our 2020 rank­ings!
    07 May 2020
    The use of ex­perts in in­ter­na­tion­al con­struc­tion dis­putes: con­flicts of...
    A re­cent de­cision of the Tech­no­logy and Con­struc­tion Court ap­pears to be the first re­por­ted Eng­lish de­cision to up­hold a fudi­ciary duty of loy­alty in an ex­pert wit­ness ap­point­ment. The find­ing in this...