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Real Estate & Construction

Netherlands

We know the world of the investor, the developer, the tenant, the construction consortium or the asset manager like no other. Our advice therefore always makes the difference you need and stimulates your entrepreneurship. Evidently we know local markets from inside and out, but we feel just as much at home in international markets. You will profit from this to the fullest. Since you are our main point of focus, we will manage our international teams from the country where you are located. You will have the guarantee that we have all the expertise that you need in order to make a difference in the real estate market.

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 33 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.

Significant clients: ASR, BAM, Ballast Nedam, Borghese, Bouwfonds.

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CMS is home to a construction team with wide-ranging experience, capable of advising the full spectrum of market players on the structuring of property rights, development agreements and contracting.

The Legal 500 EMEA, 2020

‘The team is accurate and quick to respond. Furthermore, their commercial skills are high. The office offers all-round and wide-scale professional real estate assistance, not only transactional, but also notary, finance, environmental, technical/software, tax, etc.‘

The Legal 500 EMEA, 2020

‘Their broad experience and in-depth knowledge about the real estate market make this firm one of the best and finest to work with in the Netherlands.‘

The Legal 500 EMEA, 2020

Clients appreciate that the team "provides a fast response”.

Chambers Europe, 2020

Extremely efficient and spot-on with high local expertise, as well as an international focus and network.

Chambers Europe-wide, 2020

"Established practice with a sizeable team able to advise on the full spectrum of construction matters, both contentious and non-contentious."

Chambers Global, 2020

"Strong construction and engineering practice."

Chambers Global, 2020

"The CMS practice serves domestic and international clients including developers, investors, and real estate funds, which benefit from the CMS global network. The team also advises on the planning, leasing, and finance aspects of projects ranging from office, leisure, and residential property developments to green and brownfield developments and upgrades."

The Legal 500, 2019

"Very focused personal attention to client needs."

Chambers Global, 2019

"CMS is known for its international capabilities and for us, this is of utmost importance."

Chambers Europe, 2019

"I could not have been more satisfied with the attention to detail that was given throughout the process."

Chambers Europe, 2019

Clients highlight the lawyers' "knowledge, network and execution skills" as key strengths, adding: "They are not afraid to propose solutions and make decisions."

Chambers Europe, 2019

"The advice they give is practical. They know the market and they know what they are talking about."

Chambers Europe, 2019

Choose area

    Agricultural Sector

    The agricultural sector is constantly changing. Sustainable agriculture and concern for animal welfare make new demands on the balance between environment and economy. Farms face new rules on size ("factory farming"), manure processing and rural homes. Furthermore, entitlements and lease prices affect the business. Lease and expropriation laws are also constantly developing and farms and municipalities can face lengthy negotiations on the conditions under which the redevelopment of rural areas can take place. A large number of cases that influence the development and production in the agricultural sector.

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    Construction

    CMS is one of the leaders of construction and procurement law. Our specialists do not only keep themselves and their clients continuously informed about the latest developments in the field of construction and procurement law, but also on developments in the real estate sector. This applies to civil engineering projects such as civil and utility construction and installations.

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    Corporate Real Estate

    Our Corporate Real Estate group was created in response to changes in real estate transaction and portfolio structures, in which property and corporate matters are becoming increasingly interwoven. The group is primarily focused on portfolio deals, whether structured as a transfer of assets, of shares in property companies or a combination of both, and on advising on the establishment and operation of real estate funds. We use an integrated approach, with tax advisors, civil-law notaries and lawyers from different practices working closely together, ensuring that our clients receive total solutions through a single point of contact. We act for a wide range of clients, including real estate investors, property managers, fund originators and managers, developers and banks.

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    Exploitation of Real Estate

    No return on investent on vacant/redundant properties; the rental income of the property determines the value of the property. The type of use on the other hand could also affect the life span of the property. Different legal and tax rules apply to the various types of utilisation and for various stakeholders such as the tenant and the owner of the property. It is therefore important to well manage the [exploitatie] of the property. Our real estate specialists are best equipped to advise you and find the optimal solution.

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    Planning & Development/Environment

    Property developers and public authorities are exceedingly ambitioxus when it comes to building and infrastructure projects. The Netherlands is a small country, however, and space is limited. Spatial planning law therefore plays a major role here. The growing number of planning laws, including at European Union level, means that sound legal assistance is needed right from the start of a project and will produce the best results. To make matters even more complex, national and regional planning and zoning regulations are constantly being amended, with public authorities at every level redefining strategic planning policies, developing new and legally binding zoning plans, and issuing general mandatory regulations on spatial planning.

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    Real Estate Development

    With property development, all kinds of questions about spatial planning, entering into leases, contracts of sale and cooperation agreements, as well as the acquisition of land, need to be addressed.

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    Sustainability

    Sustainability is the leitmotiv in today’s world and in the world of Real Estate, whether it concerns the phase of construction, utilisation or redevelopment. Sustainability is becoming a requirement that is not yet fully crystallised and therefore offers potential tax and financial benefits. Regulations and case law/jurisprudence in this area are under development. Our Real Estate specialists follow the developments with close attention.

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    08/10/2018
    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.Down­load the ex­ec­ut­ive sum­mary or re­quest a copy of the full study be­low.360px360pxht­tps://form.jot­form.com/82764088995982 al­ways
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    April 2020
    CMS Real Es­tate & Con­struc­tion Glob­al Bro­chure
    As the fifth-largest glob­al law firm and the largest real es­tate team in Europe with more than 800 ded­ic­ated law­yers, CMS com­bines loc­al know­ledge with in­ter­na­tion­al strength and ex­per­i­ence. Our in­teg­rated teams of­fer you the best com­mer­cial guid­ance for highly com­plex, stra­tegic in­ward in­vest­ment trans­ac­tions in­to ma­jor European gate­way cit­ies and bey­ond. CMS is also well-es­tab­lished in Africa, China, South Amer­ica, the Middle East and Asia. We ad­vise on the full range of real es­tate ser­vices, in­clud­ing fin­an­cing, struc­tur­ing, as­set man­age­ment, tax, cor­por­ate-wrapped and dir­ect in­vest­ments. We provide the full range of de­vel­op­ment ad­vice with sup­port from our spe­cial­ist plan­ning, en­vir­on­ment and con­struc­tion teams.

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    April 2020
    CMS Guide to Real Es­tate Trans­ac­tion Costs and Taxes in Europe
    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 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...
    April 2020
    Our real es­tate cap­ab­il­ity at your ser­vice
    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.
    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...
    April 2020
    CMS Real Es­tate & Con­struc­tion Glob­al Bro­chure
    24 April 2018
    CMS Ex­pert Guide to Com­mer­cial Real Es­tate
    This CMS Ex­pert Guide an­swers 12 most im­port­ant leg­al ques­tions about real es­tate across Europe. Find here what you need to know!
    27 November 2019
    In­vest­ment ar­bit­ra­tion and con­struc­tion con­tracts: jur­is­dic­tion over an­cil­lary...
    A re­cent IC­SID tribunal has up­held jur­is­dic­tion over a dis­pute con­cern­ing an al­leged set­tle­ment agree­ment arising from con­tract­or claims on a ma­jor in­fra­struc­ture pro­ject in the Re­pub­lic of Mozam­bi­que....
    02 April 2020
    Key meas­ures to con­sider in op­tim­ising cash-flow man­age­ment dur­ing the...
    27 September 2011
    CMS Ex­pert Guide to Green Lease Clauses in Europe
    This CMS Ex­pert Guide of the CMS Real Es­tate and Con­struc­tion group provides guid­ance on how to draft a green lease in sev­er­al European coun­tries.
    04 November 2019
    In­tro­du­cing the FID­IC Em­er­ald Book
    Earli­er this year FID­IC re­leased its new “Em­er­ald Book” – Con­di­tions of Con­tract for Un­der­ground Works. This ad­di­tion to the FID­IC suite seeks to fill a gap amongst stand­ard forms as a spe­cial­ist...