Real estate, construction and spatial planning

Before a preliminary agreement is entered into, a deposit is paid or a contract is signed, we review ownership, encumbrances, third-party rights, the land-register and cadastral position, available construction documentation and the planning requirements relevant to the intended use.

We draft and review sale, gift, exchange, lease and tenancy agreements. We provide legal support for payment, discharge of encumbrances, handover and registration of ownership.

We analyse discrepancies between the land register, cadastre, title documents and the physical condition of the property. We establish the chain of title and propose the appropriate route for correcting or completing registrations.

Our work may include registration or deletion of rights, individual land-register correction proceedings, correction of data, connecting historic title documents and conducting the appropriate court or administrative proceedings.

We represent clients in proceedings for the establishment and renewal of land registers, including hearings, applications and objections. Where an entry interferes with ownership rights, we prepare actions for deletion of the entry and related claims to restore the appropriate land-register position.

We advise on arrangements for the use of property, partition of co-ownership, establishment of condominium ownership, boundary determination and the creation, amendment or termination of easements and building rights.

We first consider whether a workable agreement can be reached. Where agreement is unavailable, we represent the parties in the appropriate proceedings.

We represent property owners, residents, investors and other interested parties before local and regional authorities and planning bodies in procedures for adopting or amending spatial plans. We analyse how proposed planning solutions affect land use and development potential, access, infrastructure, existing rights and planned investments.

We prepare reasoned initiatives and requests to commence plan amendments, participate in public consultations and submit opinions, proposals and objections. We guide investors through the entire procedure for adopting or amending a plan — from preparing the initiative and monitoring the decision to commence the process, through professional planning solutions and public consultation, to the consultation report and adoption of the plan. We coordinate legal issues with planners, architects, surveyors and other professionals involved in the project.

We provide legal support in procedures for determining special requirements and connection requirements and for obtaining location, building and use permits. We review official acts and design documentation, monitor deadlines and legally coordinate the work of the investor, designer, competent administrative authority and other public-law bodies.

We represent investors, owners and other parties when inspecting case files and making statements, and prepare appeals and actions in administrative disputes concerning the grant, refusal, rejection, amendment or revocation of permits. Where special requirements, including cultural-heritage protection requirements, restrict a development disproportionately or lack sufficient professional and legal grounds, we analyse their reasoning and scope and challenge them through the available legal remedies.

We advise investors from design and contracting through execution of the works, handover and remedying defects. We regulate relationships with designers, supervising engineers, contractors and other project participants and draft and review construction and related agreements.

We monitor design changes, contractual deadlines, cost increases, additional works, valuations and claims by the parties. Particular attention is paid to timely notices, evidence and project documentation, guarantees, handover, defects, liability and termination rights. We also represent clients in disputes arising from design and construction.

We advise cities, municipalities, road authorities and other authorised beneficiaries of expropriation on preparing and conducting proceedings, from identifying the affected properties and attempting an agreed acquisition to the decision, assessment of compensation and registration.

We represent landowners in protecting their rights, establishing the correct scope of the project and securing appropriate compensation for property that is taken or restricted. We connect the valuation with the effect of the project on the remaining property, access, future use and existing investment.

We provide legal support from the initial site analysis and structuring of property relations to contracting, permitting and implementation.

Support may include creating easements and building rights, expropriation and compensation, relations with landowners, drafting agreements and coordinating legal issues with architects, surveyors, designers and other professionals.