Real Estate Legal Advisory

Deloitte Real Estate offers legal advisory services to clients to provide them with feasible and sustainable solutions for their challenges and opportunities within the real estate market and build environment. Our expertise includes real estate law, both private and public law, M&A contracting and strategic legal advisory on governance & organization related matters.

We offer our clients legal and multidisciplinary solutions based on expert knowledge of spatial, economical, legal, financial, and organizational matters combined with high end strategic advisory skills.

Our solutions put the impact on humans and society first, are risk aware (rather than risk averse) and realistic. We show what is possible within the complex regulatory framework for the development of real estate and the build environment.

Service offerings Real Estate Legal Advisory

Our service offerings can be divided in five phases, also known as the ‘real estate life cycle’:

1. Land
2. Development
3. Construction
4. Exploitation
5. Exit

1. Land
   At the beginning of a real estate project, our team provides vital support for our clients. This includes conducting in-depth analysis of zoning plans, offering legal opinions and advice on rights in rem, and advising on public encumbrances and expropriation procedures. We explain the terms of agreements, provide support for land transactions, and advise on legal entity structures for public-private partnerships.
   
   
2. Development
   Area development is characterized by a combination of different functions, such as housing, businesses, retail, nature, recreation and infrastructure. Due to the large number of stakeholders there is a certain degree of complexity. Deloitte Real Estate Legal Advisory helps central and local government bodies, developers, construction companies and housing corporations with complex and challenging issues relating to urban development. Together with the client, we structure the development process, coordinate the interests of various stakeholders and construct the most appropriate form of tender and contract.
   
   
3. Construction
   During the construction phase, we assist our clients with drafting and negotiating construction contracts, ensuring they are legally sound and compliant with all relevant regulations. We also provide legal support in project management, procurement, and partner selection, helping clients navigate the complex landscape of construction law
   Our team is well-versed in various types of contracts, including design and build contracts, design and construct contracts, and design, build, maintain, and operate (DBMO) contracts. We work with clients to determine the most appropriate type of contract for their specific project, considering factors such as risk allocation, cost-effectiveness, and project complexity.
   
   
4. Exploitation
   After completion of the construction phase, our Real Estate Legal Advisory team continues to support our clients during the exploitation phase. We help our clients in identifying and managing legal risks that may arise during the exploitation phase, including analyzing potential conflicts that may arise between stakeholders. In cases where disputes cannot be resolved amicably, our team can provide mediation services to help clients achieve a satisfactory resolution.
   We provide red flag analysis to identify potential legal risks, and we work with our clients to address these risks in a timely and effective manner. Our team also drafts standard lease and sale agreements to ensure that clients' interests are protected and that agreements are compliant with all relevant regulations.In addition to legal risk analysis and conflict management, we offer expertise in maintenance, environmental, social and governance (ESG), sustainability, and transactions during the exploitation phase.
   
   
5. Exit
   As the real estate life cycle nears completion, our team at Deloitte Real Estate Legal Advisory provides legal transaction services to guide clients through the exit phase, ensuring they gain the utmost value from the exit. We advise both public entities and private parties on the process of negotiating and drafting agreements, ensuring that their interests are protected and that all legal and regulatory requirements are met. Our team has extensive experience in transaction structuring, due diligence, and contract negotiation, and we work closely with clients to help them achieve their exit goals in a timely and cost-effective manner.