Real estate law

Our real estate department:

• A rigorous and demanding methodology

• Proven experience

• A dynamic and pragmatic approach.

Rigorous and demanding methodology

We swear by a rigorous control of the matters we deal with.

Such control was obtained through the number of files we have treated, but also by numerous scientific publications, trainings and seminars. Obviously, other qualities are also necessary in order to handle your file : a didactical and synthetical approach in order to explain the course of your file, a rigorous working method in order to analyze extensive files and an often complex and constantly changing legislation, a clear vision in order to fix together with the client the goals we aim to achieve, the necessary diplomacy and flexibility for successful negotiations or contacts with various private or public partners …, these are the basic requirements are departments strives for.

Anticipation and pro-activitiy

Our department assists clients proactively when defining and elaborating pragmatic solutions for the short, medium or long run. This pragmatic approach in reaching solutions is dictated by the efficiency which depending on the goals which are set is being put into practice.

Our department assists both public (Regions, communes, intercity companies, public utility companies…) and private players (multinational companies, small companies, stock market listed companies). Each file is an enrichment for the next, and allows to obtain an in-depth knowledge of the various players and their specific needs.

Working areas :

Next to the classical areas concerning :

• Tenancy law

• Sales (including liability claims for hidden defects, issues around consensus…)

• Acquisitions (by way of a “share deal” or “asset deal”, for which we can provide the necessary “due diligence”)

Our department has developed a special expertise in providing assistance for complex real estate projects

• For or with public authorities

• Which contains the simultaneous control of various topics such as negotiating and structuring of in rem rights, obtaining all of the administrative authorizations (planning permits, environmental permit, permit for commercial implant, creation of road infrastructure…), soil pollution, expropriation, pre-emption, legal easement of public utility or public domain, competition etc.

• With an in-depth understanding of both public and private real estate players

• And knowledge of related subjects such as possible competition issues to be complied with when doing business with public authorities

Our track record contains amongst others :

• Guidance and defense litigation for numerous retail projects, including, in the Walloon Region, the extension of a commercial center on top of a SNCB railway station (25,000 to 30,000 m²), negotiating the necessary in rem rights and providing assistance in obtaining the planning permits and permits for commercial activities, including litigation if necessary; and in the Brussels Region, assuring the defense for certain permits in the new Dockx commercial center

• Guidance and defense litigation for various brownfields remediations and redevelopments projects, including an urbanization project with road constructions for a large Belgium real estate developer, additional parking space (250 spots), housing (134), commercial businesses (around 8,500 m²) and economic activities in the Walloon Region

• Assistance fort he sale of a heavily polluted industrial site of 27,300 m² for a large industrial player, in order to develop a mixed real estate project with a minimal surface of 45,000 m² (surface area estimated at 10 million euro)

• Assistance for a real estate development over a catch basin (84 housing units, 96 parking spots, 2,000m² of collective and commercial equipment) for a Brussels municipality, including the alienation of the adequate in rem rights and obtaining the subdivision permit

• Assistance for a real estate development of a old military base or a stone pit by the Walloon municipalities, including the alienation of the adequate in rem rights and the assessment of an administrative strategy, in order to obtain the adequate administrative approvals (pollution abatement, landmarks, town and planning plans and the various requested permits)

• Due diligence of more than 25 real estate sites managed by a public utility institution, in order to insure a rational management and revaluation

• Numerous negotiations with the Brussels and Walloon authorities in relation to long-term leases

• Studying strengths and weaknesses of various public legal structures for managing real estate projects by Regions, communes or intercity companies (non-profit associations, own control, independent commune control, mixed economical company…)

• Assistance for and drawing up Government decrees, law or ordinances from the Walloon and the Brussels Parliament concerning real estate (including the decree on commercial implants, changes to the CoBAT etc).

Finally, we handle important litigations on contractual or extra-contractual liabilities, expropriation, compensation of capital loss, pre-emption, injunction procedures concerning urban planning, environment or commercial implants, demolition claims etc.