Van Elder & Associates
Avocats, Attorneys at law, Advocaten

REAL ESTATE LAW

GVA can provide real estate assistance at the different stages of real estate operations, both during negotiations and when drafting documents and agreements after negotiations, in view of securing operations and optimising their fiscal and financial impact.
 
GVA can stand alongside its customers, both during project financing operations and in the context of execution. 
 
In order to ensure the appropriate application of operations, GVA works alongside different actors (Staff, Project managers, Architects, Experts, Urban planners, Land registry, Tax offices, Solicitors, etc.)       


 
Specific specialist fields of GVA:
 
- Acquiring or transferring shares in real estate companies or property owned in full or in with limited rights (usufruct/bare ownership, leasing, split sale, etc.) at all stages of the process: letter of intention, bid, due diligence, convention and notarial deed.  
- Ensuring the availability of assets: leases (commercial, common law, main residence, operational leasing, actual rights (usage rights, financial leases, surface area, occupancy agreement, lease-back). 
 
- Drafting complex and miscellaneous agreements and clauses: accretion clause, buyback, pre-emptive right, sale-purchase or purchase option, promises to sell.
- Real estate promotion: drafting of the act of division or subdivision, accession waiver, easements, joint-venture agreements. 
 
- Co-ownership: Drafting of the basic deed, rules of co-ownership and internal rules, assistance with the functioning of co-property bodies (drafting of reports). 
 
- Securities and financing: conventional mortgages, mortgage mandates, liens, antichreses, pledges.  
 
- Assisting with court-ordered sales (public or as necessary) and real estate procedures with litigation underway, at all of the different stages of the proceedings: launch, seizure, sale order, specifications, appeals.    
 
- Optimising fiscal aspects of acquisition operations (transfer law), transfers (gains in value), ownership (direct taxation) and restructuring (mergers, spin-offs, branch and universal contributions, similar operations), including assistance in selecting operations (reducing capital, liquidation, etc. ) and vehicles to be used: asset-based firms, temporary partnerships, goods' traders, property investment fund, etc. Optimising local fiscal rules and property tax.
 
* Assistance with fiscal procedures and formalities: early decisions and ruling, prior expertise or checks, approval of goods' traders, gains in value recorded by non-residents, formalities with registration offices, maintaining of mortgages and receivers, etc. 
 
* Assistance during construction, renovation and transformation, including fiscal aspects (V.A.T., property income, property tax, local taxes). 
 
* Assistance during administrative information and authorisation procedures (permits, notifications, urban planning information, certificates, documents for future execution, pre-emptive rights, urban planning charges, etc.) as required for the execution and exploitation of real estate projects.
 
GVA holds substantial expertise in litigation with civil and political courts for claims relating to contracts and real estate rights (sale, usufruct-bare ownership, financial leases, surface area, commercial leases, common law leases, agricultural leases, temporary occupancy agreements, lending, housing rights, back-to-back property, easements, acquisitive prescription).