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Real Estate & Construction

France - Lyon

The challenges

The growing complexity of regulations and case law at all stages of property investment, construction, occupancy and site operation calls for a thorough understanding of the related issues and challenges. Because the frequency of legal disputes is on the rise, more careful preparation is required at the planning stage by all operators involved with regard to the procedure envisaged, the content of the documentation (especially contracts), the type and details of any necessary legal action.  

Our practice areas

  • Legal transactions in the real estate sector: Sale/purchase of real estate companies and businesses in the field of real estate. Creation of companies in the real estate sector. Creation/purchase and monitoring real estate investment companies. Structuring and arranging real estate transactions under company law.
  • Leases and real estate leasing: Commercial and professional leases, short-term leases, right to lease, building leases. Pre-litigation (negotiating compensation for eviction). Litigation relating to commercial leases.
  • Other real estate agreements: Assistance agreements for private contracting owners, delegated private contracting owners. Construction agreements (real estate development, project contracts). Real estate subcontracting agreements. Architecture agreements. Project management agreements.
  • Construction insurance: Structural damage insurance (all site risks, building defects, unique policy per site), ten-year liability insurance, professional liability insurance, professional third-party liability insurance.
  • Real estate taxation: Taxation of real estate transactions and development. Transfer duties (real estate VAT, registration duties). Taxation of leases. Individuals’ income from real estate. Tax exemption.
  • Litigation relating to real estate: Promises of sale, transfers of ownership. Leases and real estate leasing (termination, termination compensation, etc.). Execution against real estate. Urgent court applications for preventative action. Building sellers’ and builders’ liability. Expert opinions on property disturbances. Litigation relating to works contracts. Litigation relating to subcontracting.
  • Urban planning – Environment: Urban planning regulations. Urban planning permissions. Operational urban planning. Pre-emption rights. Taxes for urban planning collected. Management of pre-litigation and litigation, urgent court applications. Environmental impact (littoral, mountain, natural reserves). Law on polluted ground (representation and warranties, rehabilitation). Classified sites for the protection of the environment. Water protection.
  • Employment law relating to the real estate sector: Application of collective agreements and national agreements in the real estate, real estate development, construction and public works sectors. Health and safety at building sites. Undeclared work. Subcontracting. Hiring foreign employees. Paid holiday fund for the construction sector. Criminal employment law (undeclared work, improper supply of workers, improper subcontracting, occupational accidents, etc.).

Our approach

We provide the following services for all of the above areas and operations:

  • Audits of the legal, tax and administrative situation, advice, legal opinions and assistance in negotiating and finalising agreements, preliminary contracts and contracts.
  • Litigation relating to these areas.  

Our clients

Banks, investment institutions and real estate trusts, occupants (large companies, small and medium-sized enterprises), developers, real estate intermediaries and other key operators in the real estate sector.

Our expertise in these various areas is provided by lawyers with solid experience in the real estate sector who have ongoing opportunities to work with the firm’s specialists in real estate law, real estate taxation and local taxation in order to ensure a high-level multidisciplinary perspective. We adopt a comprehensive approach when managing our clients’ operations throughout the planning, implementation and performance stages by handling relations with other participants (notaries, surveyors, assessors, administrative authorities, tax authorities, etc.).

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26/06/2020
Best Law­yers 2021
This year, our law­yers re­ceived 133 re­com­mend­a­tions; 3 law­yers are re­cog­nised as "Law­yer of the year" in Ad­min­is­trat­ive Law and in La­bour and Em­ploy­ment Law.
December 2019
The syn­ergy of our com­bined ex­pert­ise: de­liv­er­ing solu­tions to your chal­lenges
CMS Fran­cis Le­fe­b­vre Ly­on Avocats, sub­si­di­ary of CMS Fran­cis Le­fe­b­vre Avocats, has a long-stand­ing pres­ence in Ly­on and is one of the lead­ing law firms in the provinces.
01 July 2019
Best Law­yers 2020
More than 102 of our law­yers are re­com­men­ded: our law firm is nom­in­ated Law firm of the year in Con­struc­tion Law and in Tax Law.
23/11/2017
CMS Bur­eau Fran­cis Le­fe­b­vre Ly­on takes six awards at the 2017 Pal­marès...
22 May 2017
CMS Bur­eau Fran­cis Le­fe­b­vre Ly­on joins forces with the town of Aime-La-Plagne...
20/11/2015
CMS Bur­eau Fran­cis Le­fe­b­vre Ly­on named 2015 Firm of the Year by the Pal­marès...
05/12/2013
Win­ners of the Ly­on cor­por­ate law firm awards an­nounced by Le Monde du...