Real Estate Construction & Town Planning

Simon Associés began its activity in this field at the time of the real estate crisis of the 1990s, primarily in order to defend the interests of banks or property traders in difficulty.

The Department has developed by taking on complex projects, often incomplete, involving decisions to be made concerning ownership, construction, leasing, debt collection and, more generally, litigation of any kind.

The dedicated team supports its clients for all their legal transactions related to real estate in the following areas:

 Development and Construction

• Legal and tax structuring of real estate transactions
• Agreements to sell and sales, construction leases, emphyteutic leases
• Negotiation and drafting of contracts necessary for the implementation of projects (real estate development contract, construction, delegated project management, architect’s contract, insurance, etc.)
• Assistance during construction, acceptance, delivery
• Litigation concerning real estate transactions

 Leases

• Common law – commercial leases – residential leases – professional leases
• Audits of rental agreements and obligations of landlords and tenants
• Assistance with the negotiation and drafting of leases, occupancy agreements, securities and guarantees
• Sub-lease, disposal, renewal, termination, judicial fixing of renewal rents and eviction or occupancy compensation
• Procedures-precautionary measures, follow-up of enforcement operations
• Disputes concerning end use and change of assignment

 Co-ownership & owners’ associations

• Counsel and assistance to owners’ associations
• Follow-up of general meetings and authorization of the owners’ association
• Recovery of service charges, litigation and implementation of precautionary measures
• Distressed co-owned properties

 Legal liability (contractual and tortious) of real estate professionals

• Boards, agents, insurance, companies, etc.

 Assets / Real Estate Property

• Assistance with the negotiation of deeds of sale
• Assistance with the implementation of guarantees and the negotiation and drafting of financing documents
• Assistance to operators (as claimant or defendant) before the CNAC (national commission for commercial planning)
• Pre-litigation and litigation of contractual negotiation (breakdown of talks, failure to fulfill agreement to sell)
• Litigation concerning authorizations before the administrative courts as claimant or defendant (building permit, commercial operating license)
• Construction insurance litigation
• Set-up of operations (planning regulations, contracts, authorizations)
• Drafting of contracts: construction contracts (property development contract, delegated project management, assistance to project management, contracts, special conditions of contract), leases for off-plan purchases (BEFA)
• Preemption – expropriation (administrative and judicial phase)
• Real estate taxation for all interventions within the real estate department
• Acquisition audits (ownership – rental status – administrative status – litigation) and administrative authorization audits (building permits, commercial operating licenses)

 Development / Town Planning

Commercial & Regulatory Town Planning :

• Audit of CDAC (departmental committee for commercial development) files – prior set-up, contents of the file
• Appeals/defense before the CNAC (national committee for commercial development)
• Appeals/Defense before the CAAs (administrative appeal courts)
• PLU (local town planning) analysis – interpretation of rules, intervention during the approval process, etc.
• PLU upgrade support
• Challenge to the PLU

Operational Town Planning :

• Organization of operations (planning regulations, choice of authorization – accessibility)
• Audit of administrative authorizations (building permit, prior declaration)
• Litigation concerning authorizations before the administrative courts as claimant or defendant (building permit, prior declaration)
• Sales assistance (audit of agreement to sell), assistance with implementation of the project (modifying permit, compliance, infringements)
• Pre-emption/expropriation pre-litigation (negotiations, public inquiry, etc.)
• Pre-emption – Expropriation (dispute concerning official approval of assignability and preemption decision)
• Town planning financial contributions

 Team