Real estate and construction law
We assist our clients—investors, property owners, users, and financial institutions from various sectors (retail, banking, pharmaceuticals, asset management, insurance, tourism and leisure, industrial equipment, etc.)—with all their real estate and construction projects, both in advisory and contentious matters.
Areas of Practice in Real Estate and Construction Law
Real Estate Transactions and Structuring
Our in-depth expertise in real estate and construction law enables us to secure and optimize investment, divestment, and acquisition operations for real estate assets:
- Acquisition and disposal of properties and real estate portfolios: Comprehensive legal assistance, including drafting and negotiating contracts, securing legal instruments, and managing due diligence to ensure compliance of transactions.
- Structuring investment vehicles (REITs, real estate funds, etc.): Legal and tax advisory services for the creation, structuring, and operation of vehicles dedicated to the holding and management of real estate assets, in compliance with applicable legal and regulatory frameworks.
- Real estate asset reorganizations and outsourcing operations: Technical and legal support for asset transfers, portfolio restructuring, and outsourcing of real estate assets, ensuring adherence to legal and contractual obligations.
- Real estate taxation: Expertise in the establishment of real estate investment vehicles, property acquisitions (asset deals/share deals), outsourcing operations for French and international groups, as well as the structuring of financing/refinancing and fundraising.
- Real estate financing: Legal advice and assistance in real estate financing matters, including leaseback arrangements.
Asset Management
We provide comprehensive legal support for the operation, management, and enhancement of real estate assets:
- Commercial, residential, professional, and ground leases: Full assistance in drafting, negotiating, and securing leasing agreements (including leases for properties under construction, temporary leases, ground leases, and emphyteutic leases) and in managing lease disputes, such as renewal issues, rent adjustments, termination, or enforcement of contractual clauses.
- Service contracts (co-working)
- Management mandates (asset and property management, co-ownership): Legal advice to secure property management contracts, optimize relations between managers and property owners or users, and ensure compliance with legal and contractual obligations.
- Asset structuring: Technical and legal support for complex operations such as volumetric divisions, easement establishment, co-ownership management, and lot subdivision, in compliance with regulatory requirements.
- Hospitality and hotel management agreements: We have developed specific expertise in the hospitality sector, advising on hotel management agreements, tailored commercial leases, and legal challenges unique to the industry. We assist our clients in structuring their projects and securing their investments.
Asset Development (Promotion/Construction/Urban Planning)
We assist at all stages of real estate projects, offering legal expertise tailored to technical, regulatory, and environmental requirements:
- Construction: Upfront assistance with public consultation processes, legal support for securing construction contracts (general contracting, project management, subcontracting), managing risks inherent to construction projects, and resolving disputes related to construction defects, delays, or contractor liability.
- Urban planning, preemption, and expropriation: Strategic and legal advice on urban planning authorizations (building permits, prior declarations), assistance in preemption or expropriation procedures, and negotiation with public authorities to safeguard our clients’ interests.
- Regulated Environmental Facilities (ICPE): Assistance in the development phase of projects involving ICPE facilities, including public inquiries, obtaining permits, and regulatory compliance disclosures.
- Remediation of contaminated sites: Legal support for environmental compliance initiatives, liability management regarding pollution, and coordination with relevant authorities to ensure adherence to applicable standards.
- Real estate litigation: Representation in all disputes related to real estate projects, including conflicts with contractors, developers, or authorities, and defense of clients’ rights before competent courts.
- Construction insurance: Legal assistance for insurance subscription and representation in related disputes.
Examples of Real Estate and Construction Law Projects
Deals
Awards
The expertise of the construction group at De Gaulle Fleurance encompasses contentious, advisory and transactional matters. The team routinely assists clients with construction, renovation and redevelopment, as well as related disputes.
De Gaulle Fleurance Fleurance & Associés can offer a wide range of expertise in real estate consulting and litigation.