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Europe brochure (369KB) - DLA Piper REALWORLD

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eal estate in<br />

europe<br />

www.dlapiper.com | 01


one team<br />

no borders<br />

Whatever part real estate plays in your strategy,<br />

<strong>DLA</strong> <strong>Piper</strong> lawyers can work with you to design<br />

commercial and innovative legal solutions that deliver<br />

real value.<br />

We operate as a single team throughout <strong>Europe</strong>,<br />

cutting across borders and simplifying real estate<br />

projects. Our lawyers are working with a single<br />

purpose – ensuring you get the right result at<br />

all stages of the investment and development<br />

cycles. Our services are delivered by accomplished<br />

specialists with international experience based in the<br />

countries where you need them. That means you<br />

benefit from both in-depth local market expertise<br />

and a global perspective.<br />

02 | Real Estate in <strong>Europe</strong>


We are at home acting for both regional clients<br />

on local matters and clients on complex cross<br />

border deals. Every job is treated with the same<br />

professionalism, skill and determination. And because<br />

we work across a diverse range of sectors, we have a<br />

rounded view of the market that adds more insight to<br />

the advice we give you.<br />

CLIENTS<br />

Private and public companies<br />

Real estate investors<br />

Asset managers<br />

Developers<br />

Financial institutions<br />

Each of our lawyers is committed to the <strong>DLA</strong> <strong>Piper</strong><br />

philosophy of ‘everything matters’ so that you receive<br />

a consistently high standard of personal service and<br />

quality advice, wherever you use us. We believe that<br />

the experience you have in Birmingham should be the<br />

same as the one you receive in Budapest.<br />

This is a genuine one-stop-shop for real estate. Every<br />

real estate skill is available, from funds and finance to<br />

tax and construction. In short, we are one team with<br />

no borders providing a real advantage to you.<br />

www.dlapiper.com | 03


STRUCTURING REAL ESTATE<br />

INVESTMENTS<br />

We can help you maximise your<br />

returns on any real estate investment<br />

by creating the most appropriate<br />

structure. Our team includes tax and<br />

funds lawyers who will work with<br />

you to identify the best way forward<br />

– be it for your own account or as an<br />

asset manager for third party money.<br />

This advice is fully integrated with<br />

the transactional aspects of your<br />

real estate investments, creating a<br />

true one-stop-shop solution that few<br />

other law firms can offer.<br />

As well as a thorough understanding<br />

of tax, constitutional and regulatory<br />

concerns, we also offer you detailed<br />

knowledge of investor attitudes<br />

and market behaviours. This has<br />

been developed through years<br />

of working on fund structures<br />

of all shapes and sizes across the<br />

continent, both for promoters and<br />

institutional investors.<br />

Our experience in real estate funds,<br />

REITs and infrastructure funds<br />

(as well as hedge and private equity)<br />

has put us at the forefront of<br />

developments in fund structuring,<br />

promotion, management and<br />

administration. We draft, review and<br />

negotiate all your fund documents<br />

so that they are acceptable to<br />

constitutional investors whilst<br />

remaining protective of the manager’s<br />

position. It is an approach based on<br />

commerciality that saves you time<br />

and money.<br />

Working closely with our colleagues<br />

around the world means our advice<br />

on offshore and foreign structures<br />

is up-to-date and incisive. We<br />

have expertise in the Luxembourg,<br />

Netherlands, Channel Islands and<br />

Caribbean regulatory environments.<br />

Offering you a flexible approach<br />

to structuring, faster regulatory<br />

approval and tax benefits, these are<br />

ideal jurisdictions in which to set up<br />

pan-<strong>Europe</strong>an investment vehicles.<br />

We also enjoy close relationships<br />

with counsel in the major offshore<br />

centres in which we do not have a<br />

presence ourselves. Wherever you<br />

operate and whatever your business<br />

objectives, we can be there.<br />

You can also benefit from our<br />

experience in corporate wrapper<br />

transactions. Share sale and purchase<br />

agreements are dealt with by lawyers<br />

who understand the fundamentals<br />

of your assets and can add real value<br />

in vital areas such as due diligence<br />

and warranties, indemnities and<br />

completion accounts.<br />

Our aim is always to keep<br />

arrangements simple and consistent<br />

with your goals, whilst ensuring<br />

that key elements, such as funding,<br />

management, exit and dispute<br />

resolution, are properly handled.<br />

INVESTMENT<br />

We handle both direct and indirect<br />

acquisitions and disposals using<br />

corporate structures such as JVs, and<br />

fund structures such as unit trusts and<br />

limited partnerships. These include<br />

portfolios as well as single properties,<br />

freehold and leasehold properties,<br />

and sale and leaseback structures.<br />

Our local teams carry out your legal,<br />

corporate and tax due diligence<br />

with a thorough understanding of<br />

your investment requirements.<br />

They deliver a solution focused<br />

report on all aspects which are<br />

relevant for your investment. We<br />

manage your acquisition process in<br />

the most efficient and diligent way,<br />

communicating clearly, so that you<br />

can feel in full control at each stage of<br />

the acquisition. Everything is designed<br />

to provide you with the best basis for<br />

your decisions as you work through<br />

the investment process.<br />

The emphasis is always on delivering<br />

a commercial, responsive and cost<br />

efficient service.<br />

04 | Real Estate in <strong>Europe</strong>


Our planning team is one of the largest in the sector and has handled some of the<br />

largest and most prestigious development in United Kingdom of recent years.<br />

FINANCE<br />

Our lawyers have a great track<br />

record of advising major lenders to<br />

the property industry and helping<br />

investors and developers raise<br />

finance. Working with both lenders<br />

and borrowers has given us direct<br />

experience of the techniques and<br />

tools used to achieve success, and<br />

our connections with the financial<br />

institutions involved in real estate<br />

lending will make your transactions<br />

go more smoothly.<br />

We advise on the financing of real<br />

estate through a variety of debt,<br />

equity and hybrid investments to<br />

ensure tax efficiency. You will find<br />

us to be fluent in the legal issues and<br />

regulatory requirements which arise<br />

in structured real estate financings.<br />

If you are a borrower, our one<br />

team approach will guarantee you<br />

a fully integrated service from our<br />

investment and finance teams.<br />

From day one of our involvement,<br />

we will be fully briefed on the<br />

structure of your investment and<br />

will negotiate the best covenants<br />

for your financing to meet your<br />

investment requirements.<br />

TAX<br />

We understand that tax plays<br />

a fundamental role in your real<br />

estate investments, not only when<br />

you invest through corporate<br />

vehicles. This is why our real estate<br />

lawyers work hand-in-hand with<br />

our tax experts during all phases<br />

of an investment and you can be<br />

sure at all times that, whatever<br />

turn the negotiations take, the<br />

tax implications will be carefully<br />

considered and communicated<br />

to you.<br />

Because of our global strength, we<br />

can structure deals at both a local<br />

and international level maintaining<br />

the necessary helicopter view. With<br />

one team by your side, matters<br />

move more quickly and portfolio<br />

management becomes easier.<br />

Integrated tax advice ensures<br />

your investments deliver the best<br />

returns. Our expertise includes VAT,<br />

real estate transfer tax, transfer<br />

pricing, capital allowances and tax<br />

planning for sales, acquisitions and<br />

developments (including the use of<br />

companies and other entities).<br />

<strong>DLA</strong> <strong>Piper</strong>’s <strong>Europe</strong>an team is<br />

part of one of the most highly<br />

ranked and geographically<br />

diverse real estate practices in<br />

the world, helping <strong>DLA</strong> <strong>Piper</strong><br />

clients succeed wherever they<br />

do business.<br />

Chambers<br />

“The enormous size and<br />

scope of this outfit do not<br />

detract from its ability to<br />

“think locally” ... across<br />

<strong>Europe</strong>.”<br />

“The firm’s combined<br />

strengths in providing<br />

a thorough service on<br />

the ground as well as<br />

the resources of a global<br />

behemoth have won positive<br />

endorsements from clients,<br />

who extol its “consistently<br />

high level of service” and<br />

“excellent efficiency”.”<br />

www.dlapiper.com | 05


PLANNING, ZONING AND<br />

REGENERATION<br />

Our experienced planning team<br />

supports you through all phases<br />

of a development project, from<br />

planning appraisals, applications<br />

and agreements, to enforcement,<br />

appeals, inquiries and challenges.<br />

Acting regularly for both public and<br />

private sector clients, we are familiar<br />

with the range of factors that can<br />

affect your strategy. This enables us<br />

to identify and implement the most<br />

pragmatic and commercial approach<br />

to realising your goals quickly and<br />

efficiently. We understand every<br />

element of the local planning<br />

systems, including complex<br />

applications, compulsory acquisition,<br />

environmental impact assessment<br />

and enforcement.<br />

Working with key stakeholders,<br />

including local governments,<br />

commercial property developers<br />

and specialist funders, we help make<br />

your regeneration a reality. We bring<br />

together all those investing in longterm<br />

benefits and have the specialist<br />

experience to deliver the right<br />

economic and non-economic results.<br />

DEVELOPMENT<br />

From land assembly to exit, our<br />

experts get the right results for<br />

you. Our experience of every<br />

stage in the life of a development<br />

programme gives us insight into<br />

the needs and objectives of a wide<br />

range of stakeholders. You can<br />

enjoy timely completion, financial<br />

return on investment and the<br />

negotiation of robust but acceptable<br />

leasing terms. The goal is the<br />

best outcome for all: a successful,<br />

marketable development.<br />

Our lawyers can deliver the right<br />

contractual arrangements to cater<br />

for your funding needs and the<br />

appropriate risk profile for your<br />

investment or development. The<br />

legal tools we use include forward<br />

purchase agreements, forward<br />

funding structures and made-to-suit<br />

agreements for lease. We operate<br />

closely together with our planning<br />

and construction specialists so that<br />

you always get the best advice.<br />

CONSTRUCTION<br />

We will stand by your side through<br />

every stage of your construction<br />

project. Our team is experienced<br />

in all sectors of the industry and all<br />

manner of procurement methods,<br />

from commercial developments to<br />

major international domestic, civil<br />

and process engineering projects.<br />

Our lawyers advise on all the<br />

standard building contracts, including<br />

traditional, design and build, FIDIC<br />

construction management and<br />

management contracting. We are<br />

just as comfortable with bespoke<br />

contracts and derivatives of the<br />

standard forms. You will be able<br />

to talk to specialists in all areas of<br />

the construction industry, including<br />

risk analysis and risk allocation,<br />

tendering, dispute resolution<br />

and project management. It is a<br />

comprehensive service that covers<br />

everything you need.<br />

06 | Real Estate in <strong>Europe</strong>


ASSET MANAGEMENT<br />

Asset mangers can enjoy a full<br />

service from <strong>DLA</strong> <strong>Piper</strong>, whatever<br />

their sector or strategy. We<br />

advise you on the establishment of<br />

management firms, whether on a<br />

“spin off”, start-up or expansion<br />

basis. We can also provide guidance<br />

on the creation of tax efficient<br />

remuneration arrangements<br />

and comprehensive regulatory and<br />

compliance advice. If you are looking<br />

to develop beyond your home<br />

market, then our global team can be<br />

there by your side.<br />

Property management and active<br />

asset management can add real<br />

value to an investment. We have<br />

the experience to deal efficiently<br />

with all aspects of your property<br />

management in a practical and<br />

proactive way. Backed by our<br />

real estate litigation team, we can<br />

handle all types of property, from<br />

residential and mixed-use properties<br />

to office and retail space.<br />

You will also be able to access advice<br />

on the day-to-day management<br />

of your tenanted property. With<br />

experience of supporting both<br />

landlords and tenants on all aspects<br />

of commercial leases, we have a<br />

360 degree understanding of<br />

property management that enables<br />

you to get the best value from<br />

your portfolios.<br />

REAL ESTATE LITIGATION<br />

Disputes can arise in even the<br />

most carefully managed portfolios.<br />

We deliver incisive advice across a<br />

broad spectrum of topics, including<br />

rent review. By working with you<br />

from the start to assess strengths<br />

and weaknesses, we minimise<br />

uncertainty and create pragmatic,<br />

workable solutions. Where there is<br />

no negotiated solution, we use the<br />

most cost-effective and appropriate<br />

dispute resolution mechanisms to<br />

achieve successful outcomes.<br />

WE TAKE YOUR<br />

SUCCESS PERSONALLY<br />

The <strong>DLA</strong> <strong>Piper</strong> real estate team<br />

is designed to meet your needs in<br />

a modern business environment.<br />

A single, coherent unit without<br />

borders, we have the skills, strength<br />

and geography that will help you to<br />

achieve more.<br />

Above all, we have the attitude<br />

that gets things done for you.<br />

Everything matters to us and we<br />

are personally committed to your<br />

success. We think that shines<br />

through in our service.<br />

www.dlapiper.com | 07


About us<br />

From the quality of our legal advice and business insight to the efficiency of our legal teams,<br />

we believe that when it comes to the way we serve and interact with our clients, everything<br />

matters.<br />

<strong>DLA</strong> <strong>Piper</strong> is a global law firm with lawyers across Asia-Pacific, <strong>Europe</strong>, the Middle East<br />

and the United States.<br />

FOR MORE INFORMATION<br />

To learn more about <strong>DLA</strong> <strong>Piper</strong>, visit www.dlapiper.com or contact:<br />

Olaf Schmidt<br />

Head of EMEA Real Estate<br />

T +39 02 80 618 504<br />

F +39 02 80 618 201<br />

olaf.schmidt@dlapiper.com<br />

If you have finished with this document, please pass it on to other interested parties or recycle it, thank you.<br />

www.dlapiper.com<br />

<strong>DLA</strong> <strong>Piper</strong> is a global law firm operating through various separate and distinct legal entities.<br />

Further details of these entities can be found at www.dlapiper.com<br />

Copyright © 2011 <strong>DLA</strong> <strong>Piper</strong>. All rights reserved. | APR11 | 1673685<br />

08 | Real Estate in <strong>Europe</strong>

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