Real Estate Law

Real Estate Law

Our firm handles all real estate matters, whether transactions, leases, or disputes related to construction and co-ownership.

Our Areas of Practice

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Real estate transactions: acquisitions, sales, real estate due diligence

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Commercial and residential leases: drafting, negotiation, litigation

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Construction and planning law

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Co-ownership: advisory and litigation

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Real estate financing and security interests

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Real estate litigation: hidden defects, neighbourhood disputes, construction disputes

We assist our clients in all their real estate matters, with particular attention to the legal security of their transactions.

Real estate law: securing acquisition, construction and property management

Real estate law covers the full range of operations relating to the acquisition, construction, leasing and management of property, whether residential, commercial or mixed-use. This field combines contract law, construction law and planning law, and, whenever a transaction crosses borders, private international law. The firm advises high-net-worth individuals, investors and professional operators on structuring their real estate transactions and resolving disputes, in France and internationally.

Cross-border property acquisition

The acquisition of a property abroad by a French buyer, or in France by a foreign buyer, raises specific questions about the law governing the transfer of ownership, cross-border taxation (transfer duties, taxation of capital gains, bilateral tax treaties), and the structuring of ownership (direct holding, civil real estate company, trust depending on the jurisdiction). Anticipating these questions at the negotiation stage avoids financing, succession or resale difficulties that often only surface later.

Off-plan sales and construction law

Delivery delays and statutory warranties

An off-plan sale (vente en l’état futur d’achèvement) places precise delivery-deadline obligations on the developer, and failure to meet them entitles the buyer to compensation under the terms set out in the reservation contract and the deed of sale. The statutory construction warranties — the warranty of completion, the two-year warranty covering equipment defects, and the ten-year warranty for defects affecting the structural soundness of the building — offer the buyer distinct remedies depending on the nature and timing of the defect, and correctly combining them determines whether a claim succeeds.

Defects and contractor liability

Where a defect affects a new or renovated building, identifying the party responsible — contractor, project manager, subcontractor, manufacturer — and the applicable liability regime (statutory warranties, ordinary contractual liability) requires a prior, often court-ordered, technical expert assessment, whose findings directly shape the outcome of any subsequent dispute.

Commercial and residential leases

Negotiating and performing a commercial lease (term, rent uncapping, right to renewal, eviction indemnity) or a residential lease (mandatory form of the standard lease, termination clauses, notice to quit for repossession or sale) is governed by strict protective regimes, and failing to observe them exposes landlords or tenants to real litigation risk, particularly on renewal, assignment of the lease, or termination.

Co-ownership

The running of a co-ownership — holding general meetings, challenging resolutions passed, allocating charges, works to common areas — generates substantial litigation before the civil courts. Ensuring the formal requirements for notices of meeting and minutes are met, and observing the time limits for challenging meeting resolutions, are decisive for the validity of actions brought by or against the co-owners’ association.

Planning law and building permits

Obtaining and securing a building permit or planning authorisation, and defending it against challenges from third parties or the authorities, requires a sound command of local planning documents (local urban plans, easements, buildability rules) and of the notably short time limits for contentious appeals in this field.

Resources and real estate law news

The firm publishes a weekly summary of legislative, regulatory and case-law developments in real estate and construction law, together with downloadable practical guides on the topics most frequently faced by buyers and investors.

See all our real estate law news →

Cross-Border Real Estate Acquisition Guide

A practical guide to buying property abroad: applicable law, jurisdiction, title and mortgage security, anti-money-laundering compliance and investment screening.

VEFA Delivery Delay Guide

How to calculate a delivery delay in an off-plan sale, serve formal notice, quantify damages and act against the completion guarantee.

Frequently Asked Questions

What can be done about a delayed handover under an off-plan sale (VEFA)?

Article L. 261-11 of the French Construction and Housing Code governs off-plan sales. If the developer is at fault for a delay beyond the contractual deadline, the buyer may claim late-delivery penalties where provided for in the contract, or pursue the seller’s contractual liability and, in the most serious cases, seek rescission of the sale.

What law applies to the purchase of property located abroad by a French buyer?

In real estate matters, the traditional conflict-of-laws rule designates the law of the location of the property (lex rei sitae) for matters of title and security interests, while the law governing the sale contract itself may be chosen by the parties within the limits set by the EU Rome I Regulation.

Which court has jurisdiction over a dispute concerning property located abroad?

The Brussels I bis Regulation (Article 24) grants exclusive jurisdiction to the courts of the EU member state where the property is located for disputes concerning rights in rem over immovable property, which in principle overrides any contrary jurisdiction clause.

What guarantees protect a buyer against defects in a newly built property?

The buyer benefits from the guarantee of perfect completion (one year), the two-year guarantee covering the proper functioning of equipment, and the ten-year guarantee (Article 1792 of the Civil Code) covering damage that compromises the structural soundness of the building or renders it unfit for its intended purpose.

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