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real estate law

Schoenherr's experts advise on the full range of legal matters in real estate law in Austria and CEE.

"An excellent real estate practice, which always maintains the highest standards."
Client, Chambers Europe

 

 

Schoenherr's team advises clients active in real estate investment and development and management on all legal aspects of their business in Austria and CEE/SEE. Schoenherr covers the full range of real estate sectors: commercial, office, industrial, logistics, residential, hotel & leisure, health, mixed-use projects, agriculture and forestry.

The main focus is advising developers and investors on the acquisition and sale of real estate via asset and share deals, forward purchases and fundings, distressed transactions, including tax structuring and financing; the development and operation of real estate projects, including permitting and building contracts (design, construction and operation), including built-to-suit; lease agreements; sale and leaseback; and claim management. Schoenherr also represents employers and contractors, sellers and purchasers, landlords and tenants as well as other participants in real estate-related litigation and arbitration.

hotels & leisure

Schoenherr advises investors and developers on hotel developments and transactions in CEE/SEE. The advice also includes management and hotel lease agreements.

 

shopping centres & retail

Schoenherr's experience in this sphere includes advising developers and investors on transactions and project development, as well as retailers (food, non-food, DIY) on their network expansion plans. The advice includes also restructuring and asset management.

 

office buildings

Schoenherr has built an impressive track record advising on the (single-ticket or portfolio) acquisition and sale of office buildings for investors and end users, as well as on the development of office or mixed-use projects. The team has acted on transactions involving some landmark office buildings, business centres and towers in Vienna (e.g. Florido Tower, Rivergate, Green Worx, Space2Move, DC Tower, OMV Tower, T-Center, Austria Campus, etc.), and is equally successful in capitals and secondary cities in CEE/SEE. Schoenherr assists office buildings landlords in managing their properties, including in connection with complex fit-out and lease agreements, or real estate-related litigation.

 

industrial

Schoenherr advises developers and end users on the acquisition and development (including built-to-suit) of industrial projects, covering both logistics and production facilities. Highlights include advising Swiss energy group Alpiq on the sale of industrial business to Bouygues Construction.

 

residential

Schoenherr also advises developers in the high-end market of apartments in connection with purchase, building and sale of residential projects, as well as investors on buying portfolios of apartments including ongoing asset management. Highlights include advising Invester United Benefits on the sale of its residential projects (e.g. "Wohngarten"; "Schweizergarten"; "Erdberger Lände" in Vienna; "Grillweg 1 und 2, "Neubaugasse" in Graz.etc).

 

corporate and asset management

Schoenherr acts as permanent advisor to investors and companies on their real estate portfolios. It also advises on the restructuring of real estate companies and on setting up joint ventures. Throughout the region the team advises various leasing companies and real estate funds on a regular basis on all aspects of asset management, including litigation with contractors and tenants.

 

agriculture and forestry

Schoenherr has a long-established practice in advising on real estate aspects specific to agriculture and forestry. We advise investors owning, managing and exploiting agriculture land, as well forestry properties. We assist on acquisition and sale transactions, land improvement organisations, land lease/concession agreements, and ownership title safeguarding (including litigation).

legal areas

 

services

  • corporate real estate
  • acquisition/sale of real estate and companies holding real estate/forward purchases and forward funding/portfolio transactions/distressed transactions
  • project development
  • construction projects (FIDIC, EPC, design & build)
  • due diligence/title investigation
  • lease agreements
  • contracts for architects, general contractors and builders
  • plant construction and building permits
  • land registry law
  • construction and real estate-related litigation and arbitration
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team

our team

Meet Schoenherr's highly experienced experts in the field of real estate, hotels, asset management & leisure, located all across CEE.

meet the team

 

news

newsletter

North Macedonia: Unlocking growth: leveraging long-term leases over private land for business development

For over 15 years, interested parties have been permitted to establish long-term leases on privately owned construction land for investment and building purposes. This opportunity for business expansion was formalised in 2008 with the Construction Land Act, following the adoption of the first Macedonian Construction Act, which prescribed long-term leasing as a legal basis for obtaining building permits.

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roadmap

Integrated Project Delivery: new approaches for new construction projects

Construction projects involve many independent players at different stages: architects, planners, builders and consulting companies. The success of a construction project thus heavily depends on how effectively these players can combine their knowledge and expertise. Working together as a team and coordinating tasks can also reduce or even prevent execution errors and delays. However, the currently prevailing approach to construction projects focuses on reducing liability by separating the parties' responsibilities instead of a "best for project" approach: Hence, responsibility is not shared but separated. To achieve such a "best for project" approach in which the players cooperate and can include new technology into construction projects, a new contractual framework, culture and mindset are needed. Integrated Project Delivery (IPD) is one possible answer.

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press release

22 January 2024

hungary

L.Krüpl V.Magyar

Hungary: Schoenherr advises OTP Real Estate Investment Fund on complex BTS-transaction with Rossmann

Schoenherr advised OTP Real Estate Investment Fund, a Hungarian-based real estate fund, on a complex BTS-transaction involving the purchase of a land plot in Hungary by OTP Real Estate Investment Fund, as well as the conclusion of a long-term lease agreement with Rossmann as tenant, and a development agreement with Panattoni as developer.

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