Real estate, construction and land
A practice built around the main tangible asset of a business: commercial real estate deals, construction permitting, development projects and the full range of land matters - from the agricultural land market to the land banks of agricultural companies.
Why businesses choose this PROCTOR practice
Real estate is one of the most capital-intensive assets a business holds, and any legal mistake in acquiring, building or using it can cost the company millions.
That is why PROCTOR supports every project comprehensively.
We analyse the corporate structure, land relations, permitting documentation, financing, the contractual model, litigation risk, dealings with state authorities and the prospects for the further commercial use of the property.
For our clients this means not merely legal support for a single transaction, but the building of a secure model for owning and using real estate, one that will keep its investment value over the long term.
Lines of work
The services this practice runs.
- Commercial real estateWe structure and close transactions in office, warehouse, retail and industrial property: a direct sale of the asset or a sale of the corporate rights in the owning company. We check the legal standing of the property and report on the risks and the ways to close them. We draft and negotiate lease agreements for landlords and for tenants.
- Construction and developmentWe obtain town planning conditions and restrictions, permits for construction works and technical conditions for connection to utilities, and we handle dealings with the State Inspectorate for Architecture and Urban Planning and local self-government bodies. We put completed facilities into operation and register title to new buildings. We draft general contracting agreements, including on FIDIC forms, and the legal architecture of development projects.
- Land lawSupport for transactions with land plots of every category, agricultural land included, and a check of the plot before the deal. Change of the category and the designated use of land, purchase and privatisation of plots under real estate, arrangement of emphyteusis, superficies and easements, work with the land bank of agricultural companies.
- Real estate and land disputesProtection of title to real estate: recovery of property, recognition of rights, removal of obstacles to use, disputes over unauthorised construction and demolition. Conduct of land disputes over ownership and use of land: boundary conflicts, invalidation of decisions of the authorities and of transactions, recovery of plots.
How we run a real estate project
The order of the work on a property: from the check of the asset to the defence of title after the deal.
01
Asset and objective
We establish what exactly is being bought, built or leased and what business task it closes. We draw up the list of documents to be obtained on the property.
02
Check of legal standing
We go through the history of title, encumbrances, court disputes, land and permit documents. The client receives a report on the risks and the ways to close them.
03
Structuring the deal or project
We choose the model: a direct sale of the asset, a sale of corporate rights, a lease or a right in rem over land belonging to another. The contract and the payment order follow the model.
04
Execution and registration
We support the notarial certification, the registration actions and the changes to the cadastre and the register of rights. The client ends with registered title to the property.
05
Defence after closing
We respond to claims of third parties, refusals by the authorities and attempts to challenge the transaction. Where needed we run the case in court until the right is restored.
Formats of work with real estate
The format depends on whether this is a single deal, a whole project, or standing work with a portfolio of properties.
Check of one property
Due diligence of a building or a land plot before a deal or before financing. The result is a written report listing the risks and a recommendation on each of them.
Deal or build support
We run one project from structuring through to registration of title: contracts, permit documentation, negotiations, the notary and registration actions.
Standing support of a portfolio
Legal servicing of the whole property fund and land bank: lease agreements, extensions, registration actions, disputes and dealings with the authorities.
The industries we do it in
The sectors of business this practice works in from the first day.
Cases of the practice
Results in matters run by PROCTOR lawyers.
1,200 ha
A land bank defended against re-registration
An unlawful registration of lease rights was cancelled and the block returned to the use of the client.