Recent developments in Italy – real estate securitisation companies: foreign investors perspective
Among the most interesting recent trends in the Italian real estate market is the real estate securitisation company as a new vehicle for real estate investments. This SPV is increasingly utilised and of interest to various types of foreign investors (from institutional to family offices).
Released on Nov 5, 2025
Cancellation of obtaining Sanad certificates for non-agricultural use of land for renewable energy projects: a targeted policy revolution
Maharashtra’s government circular dated 7 August 2025, eliminates Sanad certificate requirements and non-agricultural taxes for solar and wind energy projects under three specific state schemes, streamlining land conversion processes that previously delayed renewable energy development by six to 12 months. This targeted regulatory reform creates the most comprehensive land-related exemptions for clean energy projects implemented by any Indian state, potentially accelerating Maharashtra’s ambitious renewable energy targets while establishing a precedent for similar policy innovations nationwide.
Released on Nov 5, 2025
Climate change risk in property transactions – what solicitors need to know
The Law Society of England and Wales has issued new guidance on advising clients about climate change risks in property transactions. This article summarises the main points, including the seven-step framework, liability considerations and practical advice for solicitors acting in different transaction types.
Released on Nov 5, 2025
Real estate sale agreements under Turkish law
The acquisition of immovable property is a fundamental institution of property law, which determines the procedures and legal conditions under which the right of ownership is transferred to individuals. This article will delve into the two ways of acquiring immovable property through legal transactions in Turkey: real estate sales agreement and preliminary agreements for real estate sales, which serve as commitments for the conclusion of such agreements.
Released on Nov 5, 2025
The reduced VAT rate on urban rehabilitation projects: a never-ending story?
In Portugal, conflicting case law on the application of the reduced VAT rate to urban regeneration works was recently harmonised by the Supreme Administrative Court. The matter is not yet settled, however, as an appeal to the Constitutional Court remains pending.
Released on Nov 5, 2025
Trusts and digitalisation: redefining real estate investment in the Dominican Republic
Trust structures and the digitalisation of legal procedures are reshaping the Dominican real estate sector in a more sustainable and strategic manner. The use of trusts creates safer, more transparent avenues for investment, while the digitalisation agenda is cutting red tape and making the process of buying, selling and developing property more efficient for all parties involved.
Released on Nov 5, 2025
Transparency of ownership of property in the UK
The UK has introduced reporting requirements for overseas entities which own or hold a long lease of property in the UK in recent years. The UK Register of Overseas Entities and the Scottish Register of Persons Holding a Controlled Interest in Land aim to increase transparency in relation to ownership of property in the UK and uncover who truly controls that property. Failure to comply with registration and administration requirements can have implications for overseas owners dealing with or acquiring property in the UK.
Released on May 15, 2025
Class actions for consumer protection in Austria: development from a civil law to a case law jurisdiction
Case law plays a significant role in interpreting laws in Austria but does not have a general binding effect (legal precedent). In the last 20 years, the Austrian Supreme Court has handed down several judgments on illegal clauses in leases (with consumers) therewith substantially enhancing the importance of judgments in lease law. As the Supreme Court applies a different test for illegal clauses in class actions, courts may deviate in individual cases making the outcome less predictable for landlords, tenants and the legal profession.
Released on May 15, 2025
The Real Estate Investment Conference – 4–6 June 2025 – London
The 15th Annual IBA Real Estate Investment Conference in London on 4–6 June 2025 is shaping up to be a fantastic opportunity to hear about the latest trends in real estate investment.
Released on May 15, 2025
Navigating the intersection of longevity and real estate: legal and operational considerations for senior living in Portugal
As global demographic trends evolve, the real estate sector must adapt to meet the needs of an aging population. By 2031, it is anticipated that 75 per cent of people will live to at least 80 years old, creating an unprecedented demand for housing solutions that cater to older adults. Senior living concepts are an innovative response to this challenge, designed for independent seniors who seek a vibrant community living experience.
Released on May 15, 2025
Tenant mix in shopping malls in Brazil: understanding of the Brazilian Superior Court of Justice regarding the responsibilities and limitations of the property manager
This article aims to clarify the concept of tenant mix in shopping malls and to deal with the limitations and responsibility of the landlord or property manager when organising it. To this end, we bring information about a recent decision of the Brazilian Superior Court of Justice, when judging a tenant’s compensation claim, based on an alleged predatory tenant mix by the shopping mall manager, which authorised the lease of a new store, conducting similar business, close to the establishment of the tenant.
Released on Sep 9, 2024
Student residences in Austria: investment opportunities in a flexible framework
Student residences fall outside the scope of the Austrian Tenancy Act and operators have more freedom in determining the contents of the lease. Student residences may be considered an attractive and lucrative asset class in Austria.
Released on Sep 9, 2024
Doing business in Norway
The legal framework for real estate transactions and leasing real estate in Norway is predictable and transparent, as it is widely based on industry standards. The article provides a brief overview of doing business in the commercial real estate market in Norway.
Released on Sep 9, 2024
Enhancing secure engagement and returns through small and medium real estate investment trusts
Real estate has long been a cornerstone of wealth creation, offering investors a tangible asset with the potential for steady income and long-term capital appreciation. In the context of India, real estate holdings constitute a significant portion of the wealth portfolio of several asset creators. However, in recent years, the real estate market in India has witnessed a significant surge in activity, propelling it to the forefront of investment options.
Released on Sep 9, 2024
Fiduciary sale of supervening ownership of real estate
This article deals with how the Brazilian legal framework addresses the possibility of encumbering a real property with a second fiduciary sale, whose effectiveness is subject to a suspensive condition corresponding to the termination of the original fiduciary sale.
Released on Sep 9, 2024
Land value tax in Australia?
Land value tax is a wealth tax payable by landowners in Australia. It is one of three forms of taxation payable by real estate investors in Australia.
Released on Sep 9, 2024
How electricity and gas supply shortages can affect leases
In times where the electricity and gas supply for heating or hot water are not always secure, landlords and tenants may face various challenges. These might be connection with additional costs or the qualification of a rental property as defective, if the electricity supply/heating system are shut down or only run at reduced capacity. Potential claims may include rent reductions or coverage of losses/damages incurred by tenants in such a position. There is no black and white solution to these issues, yet such claims may be justified, if the rental property is unfit or less fit for its designated use.
Released on Oct 25, 2022
Report: 12th Annual Real Estate Investments Conference, 15–17 June 2022, Amsterdam
A report on the 12th annual Real Estate Investments Conference which took place in Amsterdam between 15–17 June 2022.
Released on Oct 18, 2022
Residential leases: caps on indexation of rent in 25 different jurisdictions
This article looks at the approach of 25 different jurisdictions to caps on indexation of rent for residential leases. As residential lease contracts usually cover a long term, it is common to agree on an indexation of the rent to secure that the rent level follows the development of general cost of living. This way, a real estate investment has the potential to be an inflation secured investment.
Released on Oct 18, 2022
Register of overseas entities: considerations for property transactions in England and Wales
On 1 August 2022, the Register of Overseas Entities (the Register) opened in the UK, in accordance with The Economic Crime (Transparency and Enforcement) Act 2022. This article summarises the current key factors any overseas entity owning or intending to own property in the UK must consider – as there are different dates for Northern Ireland and Scotland, the position that follows is that for England and Wales.
Released on Oct 18, 2022
Contemplation of fractional ownership in India: A real estate regulatory perspective
Over the last few years, fractional real estate has become a buzz phrase among investors involved in India’s real estate market. Given the rising interest in this subject area, this article presents a view on the real estate regulatory concerns about this type of ownership.
Released on Oct 18, 2022
Segregate estates relating to judicial recovery in Brazil and the Esser Group case
This article addresses the applicability of the doctrine of segregate estates to real estate developments and how Brazilian case law is evolving in the event of judicial recovery where SPVs are used to structure a developer’s business model.
Released on Oct 18, 2022
Real Estate M&As and change of control clauses in lease contracts
The article addresses which matters to pay attention to in due diligences regarding change of control clauses in commercial leases where the target company is a tenant.
Released on Aug 24, 2021
Draft data centre policy of India 2020: an overview
Although there has been a phenomenal growth in the data centre sector in India with the advent of many local and foreign players, the sector is still at its nascent stage and suffers from few impediments. The Indian government has released the Draft Data Centre Policy 2020 which aims to counterpoise these challenges, and many states have introduced or are in the process of introducing their own data centre policies as well.
Released on Aug 24, 2021
Contracts as the ‘make or break’: delays of construction projects
Current raw material shortages are affecting costs and the timing of construction projects. The key to managing these issues are contractual provisions, which this article discusses.
Released on Aug 24, 2021
Changes to a centuries-old tax applicable to certain real estate in Brazil
This article discusses changes to ‘marine land’ taxes in Brazil, which may provide an opportunity to private owners for savings in future taxes as well as a possible increase in the value of these types of properties.
Released on Aug 13, 2021
Anti-money laundering and counter-terrorism financing regulation in the Brazilian real estate market
Brazil takes a step further towards its anti-money laundering and counter-terrorism financing regulation within the realm of FATF-GAFI directives and bind notaries, registrars, intermediaries and advisors in real estate transactions.
Released on Aug 13, 2021
From the Editors, Real Estate Section, October 2020
A message from the Editors of the Real Estate Section, October 2020.
Force majeure and breach of contracts in Argentina
In Argentina, the National Civil and Commercial Code defines the concept of force majeure. Since the Covid-19 crisis is ongoing, there is still no precedent on how judges may decide current and future claims for breach of commercial agreements due to this event. Judicial decisions will most probably contemplate the unforeseen worldwide health crisis and its negative impact in the economic activity of the country.
Impact of Covid-19 on leasing in India
Covid-19 has led to both lessors and lessees witnessing unprecedented times, with India imposing curbs to contain the Covid-19 pandemic, freezing every kind of activity barring essential services. This article seeks to discuss the impact of Covid-19 on both the commercial and residential lease markets along with the view of the Indian courts on the same.