The management of real estate assets belonging to both public and private entities is a fertile ground for massive transactions between the administration and economic stakeholders.
In a complex normative context, combining regulatory constraints (urban planning, development, environment), particularly in relation to land use, financial and technological constraints, and challenges relating to compliance with competition law and public procurement law, real estate projects require the mobilisation of an extremely broad range of skills and the mastery of the global issues involved.
Oyat’s lawyers have a strong administrative culture and an entrepreneurial spirit, and have developed genuine expertise in this area. Our global approach and our mastery of all the constraints faced by market players enable us to offer our clients, including both public and private players, strategic, sharp and operational advice.
We provide advice as well as conflict prevention and management, in the pre-litigation, settlement and litigation phases before the administrative and judicial courts:
- Land management;
- Public property and domain;
- Town planning and development;
- Setting up and contractual engineering: amicable or forced acquisition, transfer, rental arrangements (occupation agreements, leases); contracts and public procurement;
- Creation of holding structures;
- Real estate development and construction;
TYPES OF INTERVENTIONS
COMPLEX STRUCTURING & CONTRACTUAL ENGINEERING
- Determination of the most appropriate contractual structure / terms and conditions for the provision and management of assets, and performance of the real estate project (agreement/authorisation with or without rights in rem; transfer of management, overlapping allocations; civil, long-term, construction and commercial leases; VEFA; BEFA…)
- Project structuring: assistance in selecting and structuring the legal framework and, where applicable, in managing the contract award procedure, including drafting procedure documents and conducting negotiations.
- Dismemberment of ownership: usufruct / bare ownership.
- Public project management; transfer of project management; project management mandate.
ACQUISITION AND TRANSFER OF ASSETS
Amicable or forced acquisition, transfer, rental arrangements; disaffectation and declassification.
CREATION OF HOLDING STRUCTURES DEDICATED TO THE VALUATION OF REAL ESTATE ASSETS
- Assistance in creating commercial real estate companies with public or mixed share capital (SAS, SCI, SEM, SPL, société de valorisation universitaire, ASL, AFUL, co-ownership, etc.). Identification of opportunities, risks, and weaknesses of each type of structure; procedures for the creation and acquisition of shareholdings; Governance rules and implications; Terms and conditions relating to the contribution of real estate assets (transfer, provision, contribution, etc.); Determination of the legal framework governing the acts carried out by the company in the light of its specific characteristics (in particular compliance with the French Public Procurement Code)
- Assistance in creating partnership structures: Economic Interest Group, Public Interest Group, association, foundation, endowment funds…
PRE-LITIGATION, LITIGATION, AND TRANSACTIONS
Assistance and representation before administrative and judicial courts relating to the management of public entities’ estates (protection of public domain, contravention de grande voirie, easements, eviction, infringement on the integrity or use of the domain, contractual disputes…)
RANKING & AWARDS
DÉCIDEURS JURIDIQUES / LEADERS LEAGUE 2024
Development & Construction
Advisory and Contracts (Public Procurement and Works) / Highly recommended
Construction Litigation (including insurance) / Highly recommended
Real Estate Development / Highly recommended
Ranking of the Best Law Firms in France 2024 by Le Point
Real Estate Law / 4 Stars
BEST LAWYERS 2024
IFLR 1000 2024
Project Development, Real Estate Acquisitions / Notable Practitioner
