Real Estate Law

Real estate legal due diligence involves verifying the property’s legal status—ownership title, the existence of encumbrances (mortgages, seizures), ongoing litigation, the applicable urban planning regime, and compliance with local regulations. The purpose is to identify potential risks and to provide a comprehensive picture of the property before entering into a purchase agreement.

Depending on the nature of the transaction, the following agreements may be drafted: sale and purchase contracts, lease agreements, property exchange contracts, preliminary agreements, partition agreements, real estate security agreements (mortgages, guarantees), joint venture agreements, or financing agreements for real estate development.

In such situations, an administrative challenge may be filed with the public authority that issued the building permit. Alternatively or subsidiarily, a court action may be brought seeking annulment of the permit, a declaration of its unlawfulness, and, where applicable, the suspension of works or the demolition of the unlawfully constructed building.

The most common court actions include: actions for recovery of possession (rei vindicatio), boundary determination actions, partition actions (division of property between co-owners), actions for damages (for losses caused by non-performance of a contract), actions for annulment or termination of contracts, as well as challenges against unlawfully issued building permits.

A real estate development project involves a sequence of stages that entail multiple legal obligations: acquisition of the land with verification of its legal status, obtaining urban planning documentation (urban planning certificate, PUZ, PUD), securing the building permit, entering into contracts with contractors, as well as financing agreements. It is essential to ensure efficient legal structuring of partnerships, negotiation of contractual clauses, and compliance with applicable urban planning and environmental regulations.