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Clifford Chance

Clifford Chance

Real Estate

Germany

Real estate law has traditionally been one of our firm's strengths. We enjoy widespread recognition for helping our clients achieve their goals by providing outstanding advice on complex transactions. 

Our clients include some of the leading players in the real estate sector - real estate investment companies, project developers, banks, insurance companies, corporations, private equity firms, open-end and closed-end real estate funds and REITs, as well as all levels of German government which we advise on all real estate transactions in their various roles as investors, project developers, owners, operators, lenders and borrowers. Clifford Chance is able to call on the combined expertise of a network of specialists in various areas, based in Europe and beyond, enabling us to advise our clients on all legal aspects of all stages of a real estate transaction, from planning, acquisition and development, leasing, joint ventures and financing to marketing or exit divestments. We always take account of tax, corporate law, regulatory aspects, and public law aspects.

Our well-established teams of experienced lawyers in Germany render comprehensive advice on all real estate investment law issues.

Transactions

Advising on structuring and implementing sales and acquisitions of all property types in asset and share deals or in sale and leaseback transactions, including transactions entailing complex property development matters, at each stage of the transaction - from drafting LOI's and conducting due diligences to negotiating and signing contracts to closings, warranty claims and guarantee periods.

Financing

Providing comprehensive advice to borrowers, lenders, lead managers and issuers on German and cross-border real estate financing, structured finance transactions and refinancings or securitisations, in each case observing tax, corporate law, regulatory, and public law aspects. The acquisition of real estate financing, including NPLs.

Restructuring

Of real estate investment companies, portfolios and financing; the realisation of real estate assets seized by means of compulsory execution; acquisition of real estate affected by the financial crisis.

Real estate private equity

Structuring and providing comprehensive advice on transactions conducted through real estate investment companies with large real estate portfolios, conducting due diligences, drafting and negotiating contracts, including, legal project management and coordinating all parties involved.

Joint ventures

The joint acquisition or joint development of real estate between German and foreign financial investors and/or domestic developers.

Project development

Extensive advice on the planning, awarding, implementation, management and marketing of projects, observing public law aspects such as regional planning, building law, neighbours' law issues, environmental law, public procurement procedures. For example, we render ongoing building law advice and legal project management services for individual projects or for embedded acquisition structures.

Asset Management

Assistance with the letting, development, modernisation (green building) and maintenance or outsourcing of services (property management and facility management).

Fund structuring and tax

Devising innovative, tax-efficient structures with German and foreign investment vehicles tailored to the specific needs or our clients. The Funds Group has members in all of the major fund centres and has contacts with asset managers, fund initiators, institutional investors, regulatory authorities and associations in the fund sector.

REITs, IPOs

Experts from the capital markets, tax, corporate and real estate law practice groups render advice to real estate investment companies on their transformation into a REIT in relation to IPOs. The teams have extensive fund know-how, long-standing experience in structuring complex capital markets transactions (especially IPOs) as well as on the acquisition of large portfolios and their tax-optimised financing.

Environmental law

Remediation of contaminated sites and environmental management schemes, renewable energies, industrial park management, advice on contingency plans in the event of disruptions to operations, provisions on environmentally hazardous materials and objects, environmental impact assessments, water law, conservation law and mining law.

Infrastructure projects and privatisations, including PPP/ PFI

Advice on all phases of projects ranging from project conception to structuring and financing as well as the implementation of the project. Development of financial structures and devising integrated legal solutions tailored to our clients' specific needs while taking into account the needs of all parties concerned.

Litigation

Representation in real estate law and public law (court) proceedings, risk analyses and advice on how to properly avoid or settle legal disputes, including mediation.

Notarial matters

The preparation and conducting of notarisations and certifications, as well as the noterial implementation of transactions by notaries and our highly experienced notary's office.