Cross-border: Real Estate

An overview of the issues to consider when security is provided by a borrower to a lender in connection with a secured financing in the US.This article is part of the PLC US Special Report, which was published to mark the launch of PLC's first US services.

Obtaining first ranking valid and enforceable security over real estate is essential to any real estate financing transaction. It has become imperative for London-based banks to become familiar with taking effective security over real estate in Germany. Against this background, this chapter highlights some of the issues relating to security over real estate faced by banks lending money to investors in Germany, and compares those issues to England and Wales.

This Law Firm Publication by SNR Denton examines China’s Ministry of Housing and Urban-Rural Development’s recent announcement that encourages city authorities across the country to implement more stringent residential real estate regulations. Shanghai and Beijing have already implemented the regulations which included, among other things, a property tax on residential properties and a quota on new home purchases.

An analysis of the effects of EU accession on real estate transactions in Central and Eastern Europe.

After extensive debate, the UK set up a REIT regime in 2007. This article looks at the conditions and tax treatment of the REIT regime, the legal and regulatory framework, market trends and the market outlook for REITs. This chapter is part of the PLC multi-jurisdictional guide to corporate real estate. For a full list of articles and Q&As visit www.practicallaw.com/realestatehandbook.

The Brazilian government has recently announced a large concession programme (under which it is predicted to earn BRL24.5 billion) to build, modernise or expand and operate roads and railways and is also preparing a package of concessions for ports, more airports, sanitation and energy. In light of this, this article aims to provide a broad, practical overview of the pressing real estate issues related to the implementation of infrastructure projects in Brazil. In particular, the differences in strategy needed depending on whether a project uses publicly or privately owned land are explored in depth. This article is part of the PLC multi-jurisdictional guide to corporate real estate law www.practicallaw.com/realestate-mjg.

This Law Firm Publication by Collas Crill highlights the current challenges facing the property finance market for both individuals and corporate borrowers. The article goes on to focus on the resurgence of the private loan as a lending method, following its heyday in the 1980s. Various threats associated with private loans are also identified.

Real Estate Investment Trusts play an increasingly important role in the world's capital markets. This article explains the reasons for this, the leading jurisdictions in which REITs are available and the main structures used.

Germany levies taxes on the transfer of real estate under the Real Estate Transfer Tax Act (Grunderwerbsteuergesetz) (GrEStG). RETT can be classified as a transaction tax, which is imposed when the ownership in real estate situated in Germany is transferred to another person or legal entity. Under certain conditions, in the case of a partnership or company holding German real estate, RETT is also triggered if the partnership interests or company shares are directly or indirectly transferred to a third party. This article discusses the application of RETT to transfers of partnership interests, considers the application of RETT to the aggregation of company shares and partnership interests, and sets out transfer structures that are free of RETT. This article is part of the PLC multi-jurisdictional guide to corporate real estate law www.practicallaw.com/realestate-mjg.

This Law Firm Publication by Mayer Brown LLP focuses on a recent circular issued by Guangzhou Municipal Land Resources and Housing Administrative Bureau in China, which formally prohibits foreign individuals from purchasing any non-residential properties in Guangzhou. The Chinese central authorities have also imposed restrictions on foreign investment in the real estate market in China.  

For a variety of reasons, Latin America is a popular investment destination despite the recent economic crisis. This article examines the main points to consider when assessing a new real estate venture in 14 Latin American jurisdictions, and provides an overview of market trends in the region.

A Q&A guide to corporate real estate law in Ukraine. The Q&A gives a high level overview of the corporate real estate market trends; real estate investment structures, including REITs; legislation; title and public registers of title; confidential information; state guarantee of title; tenure; sale of real estate; seller's liability; due diligence; warranties; cost; taxes and mitigation, including VAT and stamp duty/transfer tax; climate change targets; third party outsourcing; restrictions on foreign ownership or occupation; finance; leases; planning law and consents; and proposals for reform. For a full list of recommended corporate real estate lawyers and law firms in Ukraine, please visit PLC Which lawyer? To compare answers across multiple jurisdictions, visit the Corporate Real Estate Country Q&A tool.  This Q&A is part of the PLC multi-jurisdictional guide to corporate real estate law. For a full list of jurisdictional Q&As visit www.practicallaw.com/realestate-mjg.

A Q&A guide to corporate real estate in South Korea. This Q&A is part of the PLC multi-jurisdictional guide to corporate real estate. For a full list of jurisdictional Q&As visit www.practicallaw.com/realestatehandbook.

A Q&A guide to corporate real estate law in Romania. The Q&A gives a high level overview of the corporate real estate market trends; real estate investment structures, including REITs; legislation; title and public registers of title; confidential information; state guarantee of title; tenure; sale of real estate; seller's liability; due diligence; warranties; cost; taxes and mitigation, including VAT and stamp duty/transfer tax; climate change targets; third party outsourcing; restrictions on foreign ownership or occupation; finance; leases; planning law and consents; and proposals for reform. For a full list of recommended corporate real estate lawyers and law firms in Romania, please visit PLC Which lawyer? To compare answers across multiple jurisdictions, visit the Corporate Real Estate Country Q&A tool.  This Q&A is part of the PLC multi-jurisdictional guide to corporate real estate law. For a full list of jurisdictional Q&As visit www.practicallaw.com/realestate-mjg.

A Q&A guide to corporate real estate law in the Czech Republic. The Q&A gives a high level overview of the corporate real estate market trends; real estate investment structures, including REITs; legislation; title and public registers of title; confidential information; state guarantee of title; tenure; sale of real estate; seller's liability; due diligence; warranties; cost; taxes and mitigation, including VAT and stamp duty/transfer tax; climate change targets; third party outsourcing; restrictions on foreign ownership or occupation; finance; leases; planning law and consents; and proposals for reform. For a full list of recommended corporate real estate lawyers and law firms in the Czech Republic, please visit PLC Which lawyer? To compare answers across multiple jurisdictions, visit the Corporate Real Estate Country Q&A tool.  This Q&A is part of the PLC multi-jurisdictional guide to corporate real estate law. For a full list of jurisdictional Q&As visit www.practicallaw.com/realestate-mjg.

A Q&A guide to corporate real estate law in Belgium. The Q&A gives a high level overview of the corporate real estate market trends; real estate investment structures, including REITs; legislation; title and public registers of title; confidential information; state guarantee of title; tenure; sale of real estate; seller's liability; due diligence; warranties; cost; taxes and mitigation, including VAT and stamp duty/transfer tax; climate change targets; third party outsourcing; restrictions on foreign ownership or occupation; finance; leases; planning law and consents; and proposals for reform. For a full list of recommended corporate real estate lawyers and law firms in Belgium, please visit PLC Which lawyer? To compare answers across multiple jurisdictions, visit the Corporate Real Estate Country Q&A tool.  This Q&A is part of the PLC multi-jurisdictional guide to corporate real estate law. For a full list of jurisdictional Q&As visit www.practicallaw.com/realestate-mjg.

This tool enables subscribers to search the Country Q&A in the PLC Corporate Real Estate multi-jurisdictional guide by question and jurisdiction. Simply select the questions and the jurisdictions that you are interested in and click the "submit" button. Please note that the law stated dates for each jurisdiction covered may not be the same. To check the law stated dates for each jurisdiction, please visit the individual article.

A Q&A guide to corporate real estate law in the United Arab Emirates. The Q&A gives a high level overview of the corporate real estate market trends; real estate investment structures, including REITs; legislation; title and public registers of title; confidential information; state guarantee of title; tenure; sale of real estate; seller's liability; due diligence; warranties; cost; taxes and mitigation, including VAT and stamp duty/transfer tax; climate change targets; third party outsourcing; restrictions on foreign ownership or occupation; finance; leases; planning law and consents; and proposals for reform. To compare answers across multiple jurisdictions, visit the Corporate Real Estate Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to corporate real estate law. For a full list of jurisdictional Q&As visit www.practicallaw.com/realestate-mjg.

A Q&A guide to corporate real estate law in Turkey. The Q&A gives a high level overview of the corporate real estate market trends; real estate investment structures, including REITs; legislation; title and public registers of title; confidential information; state guarantee of title; tenure; sale of real estate; seller's liability; due diligence; warranties; cost; taxes and mitigation, including VAT and stamp duty/transfer tax; climate change targets; third party outsourcing; restrictions on foreign ownership or occupation; finance; leases; planning law and consents; and proposals for reform. To compare answers across multiple jurisdictions, visit the Corporate Real Estate Country Q&A tool.  This Q&A is part of the PLC multi-jurisdictional guide to corporate real estate law. For a full list of jurisdictional Q&As visit www.practicallaw.com/realestate-mjg.

A Q&A guide to corporate real estate law in Spain. The Q&A gives a high level overview of the corporate real estate market trends; real estate investment structures, including REITs; legislation; title and public registers of title; confidential information; state guarantee of title; tenure; sale of real estate; seller's liability; due diligence; warranties; cost; taxes and mitigation, including VAT and stamp duty/transfer tax; climate change targets; third party outsourcing; restrictions on foreign ownership or occupation; finance; leases; planning law and consents; and proposals for reform. To compare answers across multiple jurisdictions, visit the Corporate Real Estate Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to corporate real estate law. For a full list of jurisdictional Q&As visit www.practicallaw.com/realestate-mjg.

A Q&A guide to corporate real estate law in Poland. The Q&A gives a high level overview of the corporate real estate market trends; real estate investment structures, including REITs; legislation; title and public registers of title; confidential information; state guarantee of title; tenure; sale of real estate; seller's liability; due diligence; warranties; cost; taxes and mitigation, including VAT and stamp duty/transfer tax; climate change targets; third party outsourcing; restrictions on foreign ownership or occupation; finance; leases; planning law and consents; and proposals for reform. To compare answers across multiple jurisdictions, visit the Corporate Real Estate Country Q&A tool.  This Q&A is part of the PLC multi-jurisdictional guide to corporate real estate law. For a full list of jurisdictional Q&As visit www.practicallaw.com/realestate-mjg.

A Q&A guide to corporate real estate law in Luxembourg. The Q&A gives a high level overview of the corporate real estate market trends; real estate investment structures, including REITs; legislation; title and public registers of title; confidential information; state guarantee of title; tenure; sale of real estate; seller's liability; due diligence; warranties; cost; taxes and mitigation, including VAT and stamp duty/transfer tax; climate change targets; third party outsourcing; restrictions on foreign ownership or occupation; finance; leases; planning law and consents; and proposals for reform. To compare answers across multiple jurisdictions, visit the Corporate Real Estate Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to corporate real estate law. For a full list of jurisdictional Q&As visit www.practicallaw.com/realestate-mjg.

A Q&A guide to corporate real estate law in Italy. The Q&A gives a high level overview of the corporate real estate market trends; real estate investment structures, including REITs; legislation; title and public registers of title; confidential information; state guarantee of title; tenure; sale of real estate; seller's liability; due diligence; warranties; cost; taxes and mitigation, including VAT and stamp duty/transfer tax; climate change targets; third party outsourcing; restrictions on foreign ownership or occupation; finance; leases; planning law and consents; and proposals for reform. To compare answers across multiple jurisdictions, visit the Corporate Real Estate Country Q&A tool.  This Q&A is part of the PLC multi-jurisdictional guide to corporate real estate law. For a full list of jurisdictional Q&As visit www.practicallaw.com/realestate-mjg.

A Q&A guide to corporate real estate law in India. The Q&A gives a high level overview of the corporate real estate market trends; real estate investment structures, including REITs; legislation; title and public registers of title; confidential information; state guarantee of title; tenure; sale of real estate; seller's liability; due diligence; warranties; cost; taxes and mitigation, including VAT and stamp duty/transfer tax; climate change targets; third party outsourcing; restrictions on foreign ownership or occupation; finance; leases; planning law and consents; and proposals for reform. To compare answers across multiple jurisdictions, visit the Corporate Real Estate Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to corporate real estate law. For a full list of jurisdictional Q&As visit www.practicallaw.com/realestate-mjg.

A Q&A guide to corporate real estate law in France. The Q&A gives a high level overview of the corporate real estate market trends; real estate investment structures, including REITs; legislation; title and public registers of title; confidential information; state guarantee of title; tenure; sale of real estate; seller's liability; due diligence; warranties; cost; taxes and mitigation, including VAT and stamp duty/transfer tax; climate change targets; third party outsourcing; restrictions on foreign ownership or occupation; finance; leases; planning law and consents; and proposals for reform. To compare answers across multiple jurisdictions, visit the Corporate Real Estate Country Q&A tool.  This Q&A is part of the PLC multi-jurisdictional guide to corporate real estate law. For a full list of jurisdictional Q&As visit www.practicallaw.com/realestate-mjg.

A Q&A guide to corporate real estate law in Cyprus. The Q&A gives a high level overview of corporate real estate market trends; real estate investment structures, including REITs; legislation; title and public registers of title; confidential information; state guarantee of title; tenure; sale of real estate; seller's liability; due diligence; warranties; cost; taxes and mitigation, including VAT and stamp duty/transfer tax; climate change targets; third party outsourcing; restrictions on foreign ownership or occupation; finance; leases; planning law and consents; and proposals for reform. To compare answers across multiple jurisdictions, visit the Corporate Real Estate Country Q&A tool.  This Q&A is part of the PLC multi-jurisdictional guide to corporate real estate law. For a full list of jurisdictional Q&As visit www.practicallaw.com/realestate-mjg.

A Q&A guide to corporate real estate law in the Cayman Islands. The Q&A gives a high level overview of the corporate real estate market trends; real estate investment structures, including REITs; legislation; title and public registers of title; confidential information; state guarantee of title; tenure; sale of real estate; seller's liability; due diligence; warranties; cost; taxes and mitigation, including VAT and stamp duty/transfer tax; climate change targets; third party outsourcing; restrictions on foreign ownership or occupation; finance; leases; planning law and consents; and proposals for reform. To compare answers across multiple jurisdictions, visit the Corporate Real Estate Country Q&A tool.  This Q&A is part of the PLC multi-jurisdictional guide to corporate real estate law. For a full list of jurisdictional Q&As visit www.practicallaw.com/realestate-mjg.

A Q&A guide to corporate real estate law in Bulgaria. The Q&A gives a high level overview of the corporate real estate market trends; real estate investment structures, including REITs; legislation; title and public registers of title; confidential information; state guarantee of title; tenure; sale of real estate; seller's liability; due diligence; warranties; cost; taxes and mitigation, including VAT and stamp duty/transfer tax; climate change targets; third party outsourcing; restrictions on foreign ownership or occupation; finance; leases; planning law and consents; and proposals for reform. To compare answers across multiple jurisdictions, visit the Corporate Real Estate Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to corporate real estate law. For a full list of jurisdictional Q&As visit www.practicallaw.com/realestate-mjg.

A Q&A guide to corporate real estate law in Australia. The Q&A gives a high level overview of the corporate real estate market trends; real estate investment structures, including REITs; legislation; title and public registers of title; confidential information; state guarantee of title; tenure; sale of real estate; seller's liability; due diligence; warranties; cost; taxes and mitigation, including VAT and stamp duty/transfer tax; climate change targets; third party outsourcing; restrictions on foreign ownership or occupation; finance; leases; planning law and consents; and proposals for reform. To compare answers across multiple jurisdictions, visit the Corporate Real Estate Country Q&A tool.  This Q&A is part of the PLC multi-jurisdictional guide to corporate real estate law. For a full list of jurisdictional Q&As visit www.practicallaw.com/realestate-mjg.