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Real Estate & Construction

Switzerland

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 41 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.

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October 2018
CMS European Real Es­tate Deal Point Study 2018
The European in­vest­ment mar­ket once again had a very strong year. At EUR 234 bn, total in­vest­ment volume was only 3% be­low the re­cord level seen in 2015. This fig­ure also rep­res­ents an in­crease of 7% year-on-year.In ad­di­tion to the on­go­ing lack of al­tern­at­ive in­vest­ment op­por­tun­it­ies, along with fa­vour­able fin­an­cing con­di­tions, the pos­it­ive eco­nom­ic en­vir­on­ment in Europe was the primary reas­on be­hind the high de­mand for real es­tate in­vest­ment. Fall­ing un­em­ploy­ment fig­ures, buoy­ant con­sumer sen­ti­ment and rising GDP boos­ted con­fid­ence in 2017, par­tic­u­larly among in­ter­na­tion­al in­vestors, and drove up their in­vest­ment activ­ity. Des­pite the un­cer­tain out­come of the on­go­ing EU exit ne­go­ti­ations, the UK also re­mained at­tract­ive for in­vestors. Lim­ited sup­ply ac­ted as a con­straint, how­ever. The res­ult­ing fur­ther in­crease in real es­tate prices has led to his­tor­ic­ally low yields in some cases. Rather than caus­ing in­vestors to aban­don the real es­tate mar­ket, the fo­cus has switched to spe­cial­ist prop­er­ties which of­fer high­er yields than tra­di­tion­al of­fice and re­tail as­sets. In par­tic­u­lar, health­care fa­cil­it­ies, ho­tels and stu­dent apart­ments have all come to the fore. The ex­ist­ing ex­cess de­mand also triggered a sig­ni­fic­ant rise in the num­ber of trans­ac­tions in­volving de­vel­op­ment pro­jects.The con­sist­ently pos­it­ive trend has con­tin­ued in 2018. The latest fig­ures from the first half of the year sup­port the view that des­pite the trade dis­pute with the US and a pos­sible end to low in­terest rates, a down­turn in the European in­vest­ment mar­ket is un­likely this year. The con­fid­ence of in­vestors in real es­tate as an in­vest­ment re­mains in­tact.The new CMS European Real Es­tate Deal Point Study 2018 now in­cludes more than 1,300 trans­ac­tions. Com­pil­ing the study in­volved com­par­ing the trans­ac­tions on which we ad­vised in the peri­od 2010 to 2017, en­abling us to high­light de­vel­op­ments and trends.If you are in­ter­ested in re­ceiv­ing a copy of the full re­port, please get in touch with Dr Volk­er Zerr.

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13 July 2020
CMS ad­vises on the sale of key­on AG
A team from CMS Switzer­land led by part­ner Stephan Wer­len ad­vised the share­hold­ers of key­on AG on all leg­al mat­ters dur­ing the trans­ac­tion of all shares to Swiss IT Se­cur­ity AG.
06 April 2020
CMS Ex­pert Guide to COV­ID-19 im­pact on con­struc­tion in­dustry
As the en­tire eco­nomy has been hit hard by the out­break of the COV­ID-19, also the con­struc­tion in­dustry is cur­rently fa­cing dra­mat­ic and dis­rupt­ive chal­lenges re­gard­ing fin­an­cial pres­sure, la­bour short­ages and sup­ply chain is­sues. In or­der to help our cli­ents, we have pro­duced a fre­quently up­dated, com­par­at­ive guide over the im­pact the COV­ID-19 has on the con­struc­tion sec­tor across vari­ous jur­is­dic­tions.
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...
08 July 2020
CMS ad­vises Avec­tris on the ac­quis­i­tion of Lo­gi­care AG
Avec­tris, a Baden-based full-ser­vice IT pro­vider for Swiss mid-mar­ket com­pan­ies, fur­ther ex­pands its port­fo­lio in the health­care sec­tor and ac­quires Lo­gi­care AG. Read all about it here
31 March 2020
CMS Ex­pert Guide to COV­ID-19 im­pact on lease agree­ments
COV­ID-19 is dom­in­at­ing the glob­al news and af­fect­ing all areas of busi­ness life. For both land­lords and ten­ants, the ques­tion arises as to the im­pact of the COV­ID-19 pan­dem­ic on their lease re­la­tion­ships. In this guide you will find a use­ful over­view of the im­pact COV­ID-19 has on leases across vari­ous jur­is­dic­tions. Please note that this com­par­at­ive ana­lys­is is based on our cur­rent eval­u­ation and is a sub­ject to fur­ther up­dates and amend­ments.
05 June 2020
Ad­vance pay­ment bonds: “step­ping down” pro­vi­sions and more guid­ance on...
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...
07 May 2020
The COV­ID-19-Or­din­ance Rent and Lease
On 27 March 2020 the Fed­er­al Coun­cil ad­op­ted the Or­din­ance on the mit­ig­a­tion of the ef­fects of coronavir­us in the rent­al and leas­ing sec­tor (COV­ID-19 Or­din­ance on Rent and Lease, here­in­after "Or­din­ance"), as a sup­port meas­ure for ten­ants and lease­hold­ers.
24 April 2018
CMS Ex­pert Guide to com­mer­cial real es­tate law and rules
Are you look­ing for in­form­a­tion on com­mer­cial real es­tate law and rules? This CMS Ex­pert Guide provides you with everything you need to know.
07 May 2020
GRESB 2020 – It’s Ques­tion Time!
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...
24 April 2020
CMS again achieves top po­s­i­tions in BIL­ANZ / Le Temps rank­ing 2020
The best law­yers in Switzer­land 2020 were se­lec­ted by the busi­ness magazine BIL­ANZ.
01 January 2016
CMS Ex­pert Guide to real es­tate fin­ance law
Are you look­ing for in­form­a­tion on real es­tate fin­ance law? This CMS Ex­pert Guide provides you with everything you need to know.
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...