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Real Estate

As an investor, asset manager, developer, occupier, contractor or construction consortium your real estate deals and construction projects are executed to tight deadlines within complex local legal systems. If, for example, your projects cross international markets, you face issues based on differing real estate, national and international construction law as well as cultural and economic contexts.

With Austria’s most experienced lawyers in construction contract law and over 450 lawyers in 34 countries, we give consistent legal advice across borders, coordinated from your home market. Whether you are in the construction, 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 and construction projects across Europe, our multi-jurisdictional teams adhere to the same templates, processes and standards, including project and claim management. This means we can deploy specialist teams to advise you immediately, irrespective of where the real estate assets are or your project takes place.

If you are launching or operating a real estate fund, if you are developing a construction project or setting up a real estate related joint venture, our real estate and construction experts can give you country-specific support. This approach allows us to guide your tax, planning, debt financing, construction and management issues including all kinds of national and international construction disputes and construction claim management in addition to your traditional real estate portfolio and property management work.


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17/11/2022
Mar­ija Marošan, seni­or ex­pert for real es­tate and con­struc­tion, pro­moted...
The co-Head of the Real Es­tate and Con­struc­tion prac­tice at CMS Bel­grade and CMS Podgor­ica, Mar­ija Marošan, has been pro­moted to Coun­sel after more than 12 years of ad­vising in­ter­na­tion­al com­pan­ies on real es­tate and con­struc­tion law mat­ters. Mar­ija Marošan star­ted her leg­al ca­reer after ob­tain­ing her mas­ter’s de­gree in Land Man­age­ment from Kunglinga Tekniska Hög­skolan in Stock­holm, in a reput­able law of­fice in Bel­grade. Since join­ing the team of CMS in Bel­grade in 2013, she has been provid­ing leg­al sup­port to pre-em­in­ent cli­ents on some of the largest and highly com­plex and sens­it­ive real es­tate and en­ergy pro­jects both in Ser­bia and in Montenegro. Her ex­tens­ive ex­per­i­ence in­cludes ad­vising cli­ents on the prop­erty de­vel­op­ment, sales and ac­quis­i­tions, leas­ing, con­struc­tion (in­clud­ing zon­ing, per­mit­ting, FID­IC and oth­er forms of con­struc­tion con­tracts), con­ver­sion, etc.  Mar­ija also has an ex­tens­ive track re­cord with re­new­able en­ergy and in­fra­struc­ture pro­jects both in Ser­bia and in Montenegro and has ad­vised nu­mer­ous cli­ents re­gard­ing real es­tate and reg­u­lat­ory as­pects of the de­vel­op­ment, op­er­a­tion, and fin­an­cing of re­new­able en­ergy and in­fra­struc­ture fa­cil­it­ies, en­ergy ef­fi­ciency pro­jects, PPPs. Her ad­mir­able work and ded­ic­a­tion to provid­ing ex­cel­lent ser­vice to cli­ents and her out­stand­ing ex­pert­ise have led to her be­com­ing the co-Head of the Real Es­tate and Con­struc­tion prac­tice at CMS Bel­grade and a very prom­in­ent mem­ber of the En­ergy and Cli­mate Change team. She shares her ex­pert­ise and know-how and provides in­valu­able sup­port to the CMS team in North Mace­do­nia in ad­vising on com­plex mat­ters of law rel­ev­ant to vari­ous re­new­able en­ergy pro­jects. We are proud to an­nounce this new step in Mar­ija’s ca­reer and wish her con­tin­ued growth and suc­cess with­in the CMS fam­ily!  
13/09/2022
UPC Rules of Pro­ced­ure go in­to force with judg­ments to be made pub­lic
The entry in­to force of the Rules of Pro­ced­ure is part of the fi­nal pre­par­a­tions for the United Pat­ent Court (UPC), which is cur­rently ex­pec­ted to start work in early 2023. After the bod­ies of the UPC...
01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, stay­ing ahead of the curve and know­ing what’s next for your busi­ness or sec­tor is es­sen­tial.At CMS, we see ourselves not only as your leg­al ad­visers but also as your busi­ness part­ners. We work to­geth­er with you to not only re­solve cur­rent is­sues but to an­ti­cip­ate fu­ture chal­lenges and in­nov­ate to meet them.With our latest pub­lic­a­tion, CMS Next, our ex­perts will reg­u­larly of­fer you in­sights in­to and fresh per­spect­ives on a range of is­sues that busi­nesses have to deal with – from ESG agen­das to re­struc­tur­ing after the pan­dem­ic or fa­cing the di­git­al trans­form­a­tion. We will also share with you more about the work that we are do­ing for our cli­ents, help­ing them in­nov­ate, grow and mit­ig­ate risk.To be able to provide you with the best sup­port, we im­merse ourselves in your world to un­der­stand your leg­al needs and chal­lenges. However, it is equally im­port­ant that you know who we are and how we can work with you. So, we in­vite you to meet our ex­perts and catch a glimpse of what is hap­pen­ing in­side CMS.En­joy read­ing this pub­lic­a­tion, which we will up­date reg­u­larly with new con­tent.CMS Ex­ec­ut­ive Team
20/05/2022
Amended IC­SID Rules to enter in­to force on 1 Ju­ly 2022
On 21 March 2022, the Mem­ber States of the In­ter­na­tion­al Centre for Set­tle­ment of In­vest­ment Dis­putes (IC­SID) ad­op­ted a com­pre­hens­ive set of amend­ments to IC­SID ar­bit­ra­tion and con­cili­ation rules (“IC­SID...
08/04/2022
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence – a step...
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence (the “CSDD Pro­pos­al”), pub­lished on 23 Feb­ru­ary 2022, aims to im­pose ob­lig­a­tions on com­pan­ies, their sub­si­di­ar­ies and their value chains...
07/03/2022
EU and UK Sanc­tions against Rus­sia: a fo­cus on the Fin­an­cial Sec­tor
In re­cent days the EU and the UK have ad­op­ted and ex­pan­ded a num­ber of  sanc­tions meas­ures against Rus­si­an and Be­larus­i­an in­di­vidu­als and com­pan­ies. This art­icle fo­cuses on re­strict­ive meas­ures dir­ec­ted...
02/03/2022
CMS Bel­grade and CMS Podgor­ica sup­port Hys­tead Lim­ited in the sale of Delta...
Fol­low­ing the suc­cess­ful sale of Delta City shop­ping mall in Bel­grade Ser­bia, Hys­tead Lim­ited, a Lon­don-based com­pany and in­vestor in the West­ern Balkans, has signed an agree­ment to sell Delta City Mall in Podgor­ica, Montenegro to Is­raeli com­pany BIG Shop­ping Centres. Delta City Podgor­ica is the largest shop­ping mall in Podgor­ica and one of the most de­veloped com­mer­cial fa­cil­it­ies in Montenegro. The trans­ac­tion value is EUR 95 mil­lion. Hav­ing ad­vised Hys­tead Lim­ited in the sale of Delta City Bel­grade, CMS Bel­grade has been en­gaged again, to­geth­er with CMS Podgor­ica, to provide leg­al as­sist­ance in the di­vest­ment of Delta City Podgor­ica. Full leg­al sup­port in ne­go­ti­ations and struc­tur­ing of the trans­ac­tion and sign­ing of the sales agree­ment has been provided by the team of CMS ex­perts led by part­ners Maja Stepan­ović (Cor­por­ate/M&A) and Milica Pop­ović (Bank­ing & Fin­ance). Oth­er team mem­bers in­cluded part­ner Ivan Gazdić (Real Es­tate & Con­struc­tion) and at­tor­ney Tamara Samardžija (Cor­por­ate/M&A).
01/03/2022
Pro­posed man­dat­ory cor­por­ate sus­tain­ab­il­ity due di­li­gence re­quire­ments...
On 23 Feb­ru­ary 2022, the European Com­mis­sion ad­op­ted a long-awaited pro­pos­al for a Dir­ect­ive on cor­por­ate sus­tain­ab­il­ity due di­li­gence for widely-defined spe­cified “com­pan­ies”. The pro­pos­als are wide...
22/02/2022
New FID­IC Green Book Re­leased: a rival to the First Edi­tion Red and Yel­low...
FID­IC has re­cently pub­lished the second edi­tion of its Short Form of Con­tract, the “Green Book”, as an up­date to the 1999 edi­tion. This re­lease is im­port­ant not only in terms of the re­vised or new...
25/01/2022
Re­ima­gin­ing CEE: EU Tax­onomy re­port­ing has be­gun for banks and busi­nesses...
Wel­come to the first edi­tion of our ‘Re­ima­gin­ing CEE’ series, reg­u­lar Law-Now e-alerts dis­cuss­ing ESG-re­lated up­dates with a par­tic­u­lar fo­cus on the im­pact on busi­nesses across Cent­ral and East­ern...
31/08/2021
Re­ima­gin­ing Trans­port: Hy­dro­gen Trains
In the first in our Re­ima­gin­ing Trans­port series, we look at the po­ten­tial for hy­dro­gen powered trains to be­come a part of the rail net­work’s move to net-zero. Already in op­er­a­tion in se­lect rail lines...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...