Third Edition of the Deloitte Legal Handbook for Real Estate Transactions 

Did you know that customary practice for representations and warranties in real estate transactions considerably deviates from country to country? And what legal parameters and restrictions need to be taken into consideration when planning for the commercial use of real estate? Do you know what roles are assigned to notaries public in various countries and in which countries real estate transactions are not required to be executed by notarial deed?

More and more real estate transactions have a cross-border character. Institutional and private investors no longer limit their activities to their respective home markets but, for reasons of diversifying risks, achieving higher yields, political insecurities in their respective home countries or other reasons look at other countries. Real estate and investment funds which for a long time have been engaged and active on an international basis expand their activities into countries and jurisdictions which not too long ago would have been considered as rather exotic, often driven by yield expectations of their investors. Companies of all segments expand into new production or sales markets or are forced to relocate individual branches or segments to other countries, also against the background of political regulatory developments. In all such events, it is vital to delve into the legal framework prevalent at the respective real estate’s location. Only by doing so, one can establish whether and in what form ownership in plots of land and/or erected buildings can be acquired, what prerequisites need to be taken into consideration in obtaining permits for the construction and usage of buildings, what limitations exist with respect to the use of objects and what transaction cost and taxes need to be taken into consideration when calculating net yields.

The Deloitte Legal Handbook for Real Estate Transactions which has just recently been published in a re-edited version provides an overview on the most relevant legal framework in 24 European countries as well as Argentina, Chile, Indonesia, Japan and Thailand. As part of individual country chapters, the legal basis for real estate law, the types and nature of ownership rights as well as other rights in rem, the registered system, approval and notarization requirements as well as the role of notaries public are depicted. Thereafter, the topics that are of particular relevance for transactions, namely representations and warranties and liability regime as well as the creation of collateral/mortgages, etc. with respect to real estate are being described. Moreover, the country chapters elaborate on regulations and restrictions for the lease of real estate, transaction cost and transaction tax as well as other taxes, public law permits and approvals as well as regulations related to contamination and associated liability regimes.

In describing the legal parameters for real estate transactions, the Deloitte Legal Handbook for Real Estate Transactions perfectly complements the Deloitte Property Handbook, which looks at the economic parameters of real estate transactions in numerous countries.

The Deloitte Legal Handbook for Real Estate Transactions is available for download free of charge here.

In case of any questions related to the Handbook or additional questions with respect to Deloitte Germany’s competencies in Real Estate and how Deloitte Legal can assist you in Germany, Europe and around the globe, please visit our website or contact contact Dr. Katja Schwenzfeier (Rechtsanwältin | Partner | Deloitte Legal), +49 (0)30 25468 2210 | kschwenzfeier@deloitte.de.

Published: October 2022