Schalast | Real Estate
Companies in all sectors acquire, operate or use property. Property is an important part of our daily lives. It is a key part of the economic value chain and embodies significant economic values.
Comprehensive advice and support
Schalast therefore advises national and international entrepreneurs and companies, investors and fund companies, banks, insurance companies and corporations (cities and municipalities), architects, engineers and project managers on all property-related issues. We provide support in the structuring and establishment of property companies or project companies. In addition to transaction-related purchase and sales advice, the core competences of our real estate specialists include the tax structuring of property transactions and property management, structuring and advice on project developments and ongoing asset management advice, including litigation. Our established notary's office notarises all property-related transactions.
All asset classes
Schalast has experience in the development, purchase, sale and management of properties in all asset classes, in particular office, logistics and hotel properties, hospitals, retirement and nursing homes, residential properties and mixed-use properties. We have particular experience in plant construction and the development, letting and sale of data centres as well as in neighbourhood and urban development.
Opportunities and risks - including restructuring
The high financial and social value of property opens up considerable opportunities - but also significant entrepreneurial risks. Schalast advises both when opportunities are to be seized (e.g. in the expansion or financing of companies) and when risks are to be avoided (e.g. in the event of compliance violations). Schalast is at the side of all players when risks materialise and supports restructurings or insolvencies of real estate companies with its experienced experts.
Transformation, ESG and energy
Buildings are responsible for around 40 per cent of total energy consumption and 30 per cent of CO2 emissions. They consume considerable resources during their construction ("grey energy") and operation - including energy. Real estate is therefore one of the biggest emitters of CO2. Yet, the sector could become one of the biggest reducers of CO2. The aim is to reduce 65 per cent of CO2 emissions by 2030 and 88 per cent by 2040. Greenhouse gas neutrality is to be achieved by 2045. Sustainable corporate governance (ESG) should therefore determine the ecological footprint of properties in good time and identify ways to reduce it. This applies to both new and existing buildings. An important starting point here is changing or adapting the energy, heating and cooling supply - whether in the individual property, in the neighbourhood or in the district. Schalast advises the parties involved in a solution-oriented manner so that there is no loss of value of property assets ("stranded assets") or the freezing of neighbourhoods or districts.
Our property and energy specialists work hand in hand here.
Our advice services in this area in particular include the following:
- Advising national and international clients on the acquisition and sale of real estate in all asset classes (including NPL), as well as on sale and lease back transactions. The advice we provide includes the structuring and negotiation of purchase agreements relating to share and asset deals, the execution of legal due diligence and transaction management.
- Advising on acquisition and project financing
- Tax structuring (advice on the establishment of special purpose vehicles, the development of strategies for avoiding real property transfer tax, the execution of tax due diligence)
- Advising asset, property and facility management companies during all property management phases. This in particular includes the structuring and negotiation of construction contracts and leases, litigation against defaulting tenants, ongoing advice on all land register and real estate brokerage law issues, as well support with respect to the sale of individual properties from a real estate portfolio
- Advising on project developments (advice on the establishment of special purpose vehicles, support regarding the negotiation and structuring of loan contracts for financing, drafting of neighbourhood agreements, general contractor and general coordinating contract agreements, leases, advice on the sale of real estate)
- Commercial tenancy law. We advise and negotiate leases and supplemental agreements for office and retail real estate, specialist retail stores, shopping centres, logistics and hotel real estate. We also draft customised sample leases and provide support for the optimisation of agreements
- Real estate compliance: We identify and review all areas relating to real estate which have relevance for compliance and provide you with specific action recommendations for implementing a catalogue of measures to prevent exposure to resulting legal risks
- Advising on environmental issues relating to realestate, in particular those resulting from the areas of public construction law, planning law and technical and environmental due diligence
- Litigation: We support you with respect to the assertion of claims resulting under purchase agreements and leases
- Notarisation: We have a very efficient Notary Practice, which covers all areas of real estate law. We notarise transactions, developer agreements and real estate, house and apartment purchase agreements, as well as land charge creation and shared ownership deeds