Real Estate and Construction Law

A prerequisite to any successful property sale or purchase is careful preparation – before an agreement is concluded – in order to identify any potential transaction-related challenges.

Handling insolvent properties requires a legal team with in-depth experience who can ensure that the final outcome in each situation is also the best solution.

We advise on all types of real estate in connection with insolvency. We advise banks and other lenders as well as creditors and national and international investors. Also, we act as supervisors appointed by the bankruptcy court during suspensions of payments and as trustees in bankruptcy.

With our specialist knowledge and insight, we can help our clients achieve the best possible solution from both a legal and a commercial perspective.

Our advice includes:

• Defaulting loans
• Charges over property as security for debt
• Enforcement of security 
• Foreclosures and collection of mortgage debt 
• Property in connection with suspensions of payments
• Stand-still arrangements
• Property in connection with bankruptcy
• Avoidance of property transactions 
• Property in connection with arrangements with creditors
• Restructurings
• Property in possession of the mortgagee 
• Mortgagee accounts
• Winding-up procedures (out of court)

Real estate financing can be a challenging process involving special needs and requirements for loan opportunities and structures.

Our Real Estate and Construction Law group provides advice and acts as a sounding board for Danish and foreign banks, mortgage credit institutions, borrowers, agents, and rating agencies on all aspects of financing for real estate, property portfolios and property companies.

Because of our extensive experience in the financing of different types of properties, we are confident that we can provide qualified, commercial recommendations for financing solutions that optimise results for our clients.

We offer advice on:

• Long-term loans
• Bridge loans
• Refinancing
• Structured facilities 
• Project financing 
• Construction loans 
• Foreign security
• Mortgage loans
• Property bonds
• Sale and leaseback
• Defaulting loans
• Enforcement
• Disputes

Starting a building or construction project requires consideration of various rules and conditions, some of which may remain relevant throughout the entire project – from the initial planning stage right through to final completion. Such an extensive process requires professional advice from start to finish in order to avoid unworkable challenges.

A successful project requires a holistic overview and insight into the challenges that can arise during the various phases of projects – from idea through to sale.

We have advised clients on project development for many years and have accumulated considerable experience, expertise and insight within this area, covering all of the relevant legal aspects – from regulatory approval, financing and leasing through to property sales.

We advise public and private builders, project developers, public and semi-public authorities, and investors, both in Denmark and abroad.

Our specialists provide advice to our clients throughout all of the different project phases, including:

• Land purchases 
• Cadastral issues 
• Zoning changes 
• Agricultural legislation 
• Planning and regulatory issues
• Houseowners', owners' and cooperative housing associations 
• Choice of corporate form
• Tenders – national and EU rules 
• Project consultancy
• Construction law and consultancy agreements
• Environmental issues
• Sale and purchase agreements 
• Leases
• Taxes
• Project financing

The law on leasing is complex, and failure to comply with the rules can have financial consequences for the lessee and the lessor. Before signing a lease agreement, thorough investigative work should be carried out in order to avoid legal errors. 

Environmental and planning law issues relating to real estate are complex and call for specialist knowledge to ensure a careful investigation into all of the relevant circumstances and compliance with the comprehensive rules in the area.

We have accumulated wide-ranging experience as advisers in this area and have an extensive commercial and legal understanding of the environmental, public and planning law issues relating to real estate.

For each case we select the strongest team of specialists from areas such as Environmental Law and Public Law, and can similarly draw on the expertise of other specialist areas for disputes and litigation involving environmental and planning law issues.

We advise commercial clients and public authorities on:

• Planning law
• Real estate regulation in general 
• Environmental regulation of businesses/polluting activities 
• Soil contamination
• Waste
• Environmental issues in connection with business transactions, or the sale or purchase of (commercial) properties 
• Supply of public utilities and similar
• Legal issues relating to roads and owners of infrastructure
• Legal matters relating to local authorities, including express and implied authority for municipal activities, and business activities of municipalities
• Signs in public and private areas 
• Urban and port development, including the formation of urban and port development companies 
• Compulsory acquisitions
• Administrative law, including formal and substantive requirements for effective decisions 
• Liability of public authorities, including damages claims for invalid decisions - such as invalid planning permissions or local development plans
• Sales of municipality-owned real estate by tender under the Danish Executive Order on Open Tenders in Relation to the Sale of Municipal and Regional Properties, including exceptions and exemptions from the Executive Order
• Urban and port development, including the formation of urban and port development companies