Land acquisition
Securing the acquisition of the land: promise to sell, conditions precedent (planning, remediation), clearing of challenges, articulation with the building permit.
→ Real Estate · Sub-expertise
Real estate development combines real estate law, construction law, town planning and company law. Each operation requires bespoke structuring (SCCV, SCI), securing of the land and of the marketing. We support developers, investors and institutional buyers at every stage of the programme.
→ What we cover
Securing the acquisition of the land: promise to sell, conditions precedent (planning, remediation), clearing of challenges, articulation with the building permit.
Creation of the SCCV (construction-sale company) or other dedicated vehicle, articles, governance, financing, articulation with the co-investors.
Support on the building permit, management of any challenges, related authorisations (water law, ICPE, archaeology).
Negotiation and drafting of the project-management contracts, the works contracts and the real estate development contracts (CPI).
Documentation of the off-plan sale (VEFA): preliminary contract, notarial deed, warranties (financial completion guarantee, snagging, two-year, ten-year).
Block disposal of a programme to an institutional investor or a social landlord: structuring, warranties, timetable, articulation with retail marketing.
→ Our approach
01
Securing of the land, structuring of the operation (SCCV, financing, partnerships), validation of the legal business plan.
02
Support on the building permit, management of challenges, obtaining of the related authorisations.
03
Setting up the construction contracts, launch of marketing, off-plan documentation, management of the buyers.
04
Delivery of the units, any enforcement of warranties, management of snagging, articulation with the co-ownership.
→ Who we help
Support for a developer on an off-plan housing programme: structuring via an SCCV, securing of the land, marketing documentation.
Block disposal of a programme to an institutional investor: negotiation of the block reservation contract, specific warranties, delivery timetable.
Structuring of a joint development between two operators: shareholders' agreement of the SCCV, governance, sharing of risks and profits.
Support for a social landlord in the off-plan acquisition of part of a programme: specific conditions, articulation with the approvals and subsidised financing.
→ Q&A
A construction-sale company (société civile de construction-vente): a vehicle dedicated to the completion and sale of a real estate programme. It is wound up after completion and marketing. Advantages: ring-fencing of risks, specific taxation (transparency), flexible governance among co-developers.
A mandatory guarantee in off-plan sales, allowing the buyer to obtain completion of their unit even if the developer defaults. Issued by a bank or an insurer, it is a prerequisite to marketing. A solid GFA is a commercial selling point.
Review period: 2 to 5 months depending on the nature of the project. To this is added the third-party challenge period (2 months after posting), during which the permit may be contested. Full clearing (review + challenges) generally takes 6 to 12 months.
Defence before the administrative court (with possible interim proceedings to suspend the works), demonstration that the applicant lacks standing, defence on the merits as to the legality of the permit. A settlement with the applicant is sometimes possible to clear the challenge.
→ Go further
Let's talk. We respond within one business day to qualify your transaction and direct you to the firm's most suitable lawyer.
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