Simont Braun - Avocats advocaten lawyers

Real Estate Transactions

Located at the heart of the European Union, Belgium is a strategic market for real estate investors. Consequently, real estate transactions are numerous. They are also becoming increasingly complex and most include cross-border aspects.
Real estate transactions are a key area of focus at Simont Braun. Our Real Estate and Corporate/M&A teams regularly join forces to handle major projects and complex operations.
With our experts in administrative law, we are also able to advise clients on specific local and regional aspects, and guide them towards the solution that best meets their objectives.

Our fields of expertise

Regarding transfer and purchase transactions, Simont Braun handles all aspects throughout the process:

  • Preliminary analysis of the project and its structure using real estate investment vehicles (SIRs, special purpose vehicles and joint structures);

  • Acquisition and sale structuring (full property, split full ownership, etc)

  • Tax structuring and planning;

  • Legal audits into the various aspects of the operation: corporate and property law, lending regulations, town planning and environmental law, insurance, analysis of risks in the short, medium and long term, contracts, occupancy and maintenance, regulatory compliance. Including coordination between all these legal aspects and the technical and accounting audits;

  • Negotiation and drafting of the contractual documentation: share transfer agreements, merger agreements, split agreements, financing agreements, securities, sale/lease-back;

  • All types of property commercialisation: brokerage, management, lease, long-term occupancy (such as long-term lease and usufruct).

We also assist clients in managing new, existing or ending joint-ownership relationships.

In the context of real estate transactions, our team also handles the negotiation, drafting and implementation of real estate project contracts, such as development contracts, architects/engineers/contractors/sub-contractors agreements, project management and property construction per plan agreements, as well as other typical contracts, including leases.

Some recent projects

  • Advising a UK investor on a takeover bid for real estate certificates;

  • Advising a major real estate trader on the transfer of an office building to a foreign company;

  • Assisting an investment company in the setting-up of a partnership with a major Belgian project developer to develop an important housing and commercial real estate project in Brussels.