A message from the Editors of the Real Estate Section, October 2020.
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.
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.
Covid-19 has had an important impact on the normal performance of contracts. In the field of real estate, the cases of tenants requesting to terminate contracts have also appeared gradually. In this circumstance, China, the first country affected by the pandemic, has already explored a new mechanism to cope with the situation where tenants breach their contracts and request to terminate, and has applied this mechanism in judicial practice.
This article looks at a recent landmark decision in a case decided by the High Court of Delhi, which has dealt with the question as to whether the governmental lockdown imposed due to Covid-19 would entitle tenants to claim waiver or exemption from payment of rent or suspension of rent.
As lockdown restrictions are relaxed and more companies are starting to think about a Covid-19 Secure return to the office, what practical steps should landlords and tenants take to ensure a safe return? What legal implications will these steps have? Landlords and tenants have a common interest here and it is fundamental to any safe and successful reopening that they work collaboratively and cooperatively.
Is Covid-19 an event of force majeure in England? This article looks at how English law governs the doctrine of frustration and the related concept of force majeure clauses in property contracts.
This article aims to determine how Covid-19 has impacted the real estate sector. Building on existing work on real estate and technology, it asks: To what extent has the Covid-19 pandemic affected the industry’s intention to digitise processes? Has technology adoption sped up or slowed down?
Does Covid-19 constitute force majeure in Danish commercial lease contracts? By Claudia S Mathiasen
The Covid-19 health emergency has deeply impacted the Italian economy, causing an abrupt halt of productive activities and uncertain market trends. With particular reference to the real estate industry, construction activities and lease relationships can be considered the most-affected relationships and the Italian government has adopted several measures for the purpose of supporting the real estate operators.
Due to the Covid-19 pandemic, the defaults of certain obligations of agreements by the parties who have entered into them, produced by the lockdown ordered by governmental authorities and the sanitary restrictions caused by the pandemic, has caused the analysis of the force majeure and acts of God clauses, in order to exclude liability for such defaults, caused by the incapacity to fulfil certain obligations under Mexican legislation.
The Covid-19 outbreak forced the Polish government to conduct some fast and complex interventions in many market areas, including real estate. This article identifies the main restrictions related to retail activity, including those applicable to large-scale format shopping centres, as well as their impact on the performance of the existing lease agreements.
Covid-19 effects on the performance of real estate agreements in Colombia
This article provides a brief summary regarding the legal framework and court decisions ongoing in Brazil due to the effects of Covid-19 on contracts and its recognition as an event of force majeure.
By Mike Edge. What’s in store for 2020? – Real Estate Committee newsletter article, February 2020
This article discusses dispute adjudication boards (DABs) in construction matters, which allow disputes to be resolved on a rolling basis while construction is being completed. After an introduction to the different types of DABs, the article describes the DAB mechanism of the International Federation of Consulting Engineers (FIDIC), based in Geneva. FIDIC is the internationally well-known organisation for construction matters and publishes various standard contracts to be used for construction works
By Dr Peter Vocke and Fabian Schmitz. New challenges for share deals – a recent decision on municipal pre-emptive rights
The new Austrian government has proposed significant changes to construction and real estate laws. The changes will serve as incentives to promote investment in sustainable construction projects as well as environmentally friendly refurbishment. It is expected that the Austrian real estate sector, which has had a considerable increase in foreign investment in recent years, will continue to grow, with ‘ecological’ buildings experiencing a stronger increase in value. Also, Austria will hopefully have a surge
With blockchain technology able to combine the elements of co-ordination, security and trust (which are fundamental in any property transaction but sometimes found lacking) with an ability to streamline an often unnecessarily unwieldy and protracted process, is it the future for the smooth running and secure transfer of property?
The real estate tax collected by the Nicaraguan municipalities is substantially increasing this year and they have strengthened efforts to collect the tax. In many cases, municipalities are taking judicial action (including criminal cases) even though there are no grounds to consider lack of payment to be a felony. This is part of a series of actions taken by the government to collect taxes in a shrinking economy caused by socio-political issues that Nicaragua has faced since April 2018.
How will the development and use of drone technology affect the property industry? It’s easier to see how new buildings can adapt to drone technology with landing pads and rooftop charging zones, but the bigger challenge might be how readily the property industry embraces retrofitting existing properties. The question of who owns the sky creates interesting legal issues over the flight passage of drones as well as other issues surrounding this technology.
By Andrew Monteith and Maria Flavia Seabra. From the Editors – Real Estate Committee newsletter article, February 2020
By Martin Butzmann. Squaring the circle – a balanced protection for tenants and purchasers – Real Estate Committee newsletter article, February 2020.
On 8 January 2020, the Supreme Court of India in its landmark decision of Vidya Devi v The State of Himachal Pradesh and Others held that the state could not be permitted to perfect its title over land by invoking the doctrine of adverse possession to usurp the property of its own citizens, without taking recourse to acquisition proceedings or following due procedure of law.
The Scottish government will introduce a new licensing system for short-term lets in spring 2021, giving local authorities the power to implement a system that works for their area. Mandatory safety requirements will be introduced for all types of short-term let with any licensing scheme. Local authorities will also be given the power to designate control areas within which planning permission will be required when the entirety of a property is being used for short-term lets