CMS DeBacker advises local and international developers, investors, credit institutions and public authorities on key aspects of real estate transactions: risk assessment, structuring, negotiation, etc. We have a successful track record of advising a wide variety of domestic and international clients, including financiers, developers, real estate trusts and funds on all aspects of real estate investment, development financing and construction. We are also experienced in advising on real estate funds: the launch and operation of such funds.

Coordinated Team Work

Because of our extensive European presence, we can not only provide clients with a single contact partner in their home jurisdiction, but also a coordinated team of lawyers working to consistent standards across borders.

The range of services we provide includes:

• Property sales and purchases, either directly or through corporate vehicles
• Land, industrial, commercial and residential properties, individual assets or block sales
• Construction contracts, assistance to property owners and developers
• Property management: commercial leases (negotiation, finalisation, rent reviews, eviction), commercial and residential leases
• Town planning - national and local town planning regulations, planning permissions, taxes and contributions, retail planning approvals
• Environment - pollution and facilities requiring a licence, audits of property assets and operating premises
• Property debt financing
• Property funds: launch of closed and open-ended funds, for institutional, private and/or retail investors, as well as issues related to the operation of such funds
• Tax planning related to investment structures, value-added tax (VAT) and local taxes, as well as tax advice and planning for domestic and foreign companies

Key Qualities

Every day, CMS lawyers advise clients across Europe on a wide range of projects and disputes related to real estate and construction. CMS has a number of key qualities which differentiate us from the competition, including:

• Extensive coverage across Europe with specific local knowledge
• Multidisciplinary advice – including corporate, tax, banking and insolvency
• The ability to develop strong teams with clients
• Detailed knowledge and experience within all areas of law – both contentious and non-contentious
• Proactive and business-oriented approach

Legal500:

2008:"CMS DeBacker boasts corporate real estate as a major practice area. For the third year in a row, the firm’s real estate practice, led by Bruno Duquesne, has been performing extremely well. The most notable deal of 2007 involved acting for the Belgian Federal Government in connection with the widely publicised sale and lease-back through a public tender of 62 public buildings to Befimmo, a Belgian REIT. Antwerp is also increasingly becoming a real estate market in its own right and the firm’s Antwerp office has assisted several parties in real estate investments." 

2009: "Clients assert that new partner Pierre-Axel Chabot at CMS DeBacker‘ went beyond the call and strengthened our position by negotiating additional guarantees’. The team has been advising Fidentia Real Estate Investments, a ‘green’ investment fund, on the acquisition of the first ‘green’ office building in Brussels. Head of practice Bruno Duquesne and the team received instructions from Vishay BC Components, advising on the sale of a former industrial site of approximately 45,000 sqm to Bouygues Immobilier. One client remarked ‘ my overall impression was very positive and the service level was excellent’."

Chambers Europe:

2008:"Considered to be “a deal maker who gets the work done,” Bruno Duquesne of CMS DeBacker has a good reputation for real estate in Belgium. He acts regularly for banks and is highly skilled in real estate financing."

2009: "Both transactional and advisory work feature in this team’s workload, as the lawyers offer experience in and skilled assistance with investment sales and purchases, secured lending, leasing, structured finance, PPPs, real estate development, planning, environment, tax and litigation. The group primarily acts on behalf of investors and has witnessed an increase in ‘green’ development projects (those with a sustainable and energy-efficient element). The group benefits from the collective knowledge of the CMS network and often gets involved in multi-jurisdictional cross-border transactions, in addition to its domestic workload. Significant work for the team has included advising an investment fund on the acquisition of an energy-efficient office building in Brussels, and representing a high-profile hotel group on its bid for a hotel portfolio in France, Italy and Belgium. Real estate head Bruno Duquesne attracts praise for his notable skills and dedication to the sector, and clients benefit from his particular knowledge of the hotel industry, environmental law and ‘green’ buildings."

Publication

"Memento des marchés publics 2009" (Patrick Thiel) : link for more information