Co-Chair
Mariëtte Lafarre

Co-Chair
Jakob Schou
Midtgaard

Real Estate Section

The Real Estate Section represents a vast knowledge pool and aims to assist all members in communicating and benefitting from that knowledge.

About the Section

The Real Estate Section is the only truly international forum for lawyers interested in real estate law. The recent globalisation of the real estate industry has fundamentally changed the Section’s focus.

While real estate assets are traditionally governed by national rules, real estate transactions have long ceased to be a purely national matter. Today, the ownership of properties is traded among investors around the globe. Increasing internationalisation of all aspects of real estate law has also changed the types of lawyers involved. Transactional specialists who often have a corporate law background have in many cases replaced traditional real estate lawyers.

In this evolving context, the Real Estate Section provides a unique and valuable forum for lawyers from different countries and different legal backgrounds to address all sorts of practical and legal issues, exchange views and meet during conferences.

Members of the Real Estate Section are encouraged to participate actively in the Section's work at its annual conferences, its annual open officers meetings, and, throughout the year, through special projects and through articles in the section's newsletter.

Involvement with the Real Estate Section provides an excellent opportunity not only to exchange views on real estate related matters but also to make useful contacts with real estate lawyers from all over the world.

All officers in the IBA Real Estate Section continue working together to prepare interesting conferences with a focus on international real estate matters. We all enjoy meeting at the IBA conferences. If you would like to join our strong network of well esteemed real estate lawyers, and/or If you have ideas for relevant topics or keynote speakers who could contribute with knowledge sharing about legal matters on real estate topics, please do not hesitate to contact us.

Forthcoming conferences and webinars View All Conferences

Publications

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

Projects and Reports

Start a new project!

Is there a particular topic that you are interested in and would like to collaborate on with experts from around the world? Then propose your project to the committee officers.

Subcommittees and other groups

The Real Estate Section also coordinates the activities of the following subcommittees/working groups.

  • Commercial Real Estate Subcommittee
  • Real Estate Section Advisory Board
  • Servicing Industry Subcommittee