Mondaq Europe: Real Estate and Construction
We have outlined in this update a summary of how a Public Private Partnership (PPP) might be structured in Libya for the delivery of new housing for rent.
The principal laws governing real estate in Austria are: the General Civil Code 1811 (as amended by the Federal Law Gazette 2010/58) (Allgemeines Bürgerliches Gesetzbuch).
In case an energy performance certificate has been presented and handed over to the purchaser or the lessee and the energy-related characteristics turn out to be inaccurate, the purchaser or lessee is entitled to claim warranty.
Please briefly describe the main laws that govern realestate in Bulgaria.
Buildings completed before 31 March 2001 without the necessary permits may now be legitimised by a Certificate of Tolerable Construction.
Please briefly describe the main laws that govern real estate in Croatia.
The Cyprus Parliament has approved amendments to the so called Property Amnesty Laws in order to address problems arising from delays in the issue of certificates of registration (title deeds) to property owners.
Please briefly describe the main laws that govern real estate in the Czech Republic.
The construction of new buildings or the reconstruction of existing buildings, especially in dense urban areas, is almost always connected with the risk of causing damage to third parties. It is therefore important for the builder (contractor or property developer) as well as subjects exposed to potential damages (especially owners and users of adjoining buildings) to know the statutory conditions of liability for damages and related rights and obligations.
The EU Construction Products Regulation ("CPR") will become fully operational on 1 July 2013.
A discussion on the most recent efforts of the Finnish authorities to the reverse charge system in value added taxation, the identity card, the individual tax number and the tax number register, in order to prevent black market economic activity and economic offences in the construction sector.
In a recent case heard by the Court of Appeal of Helsinki, a property maintenance company’s CEO was being charged with negligent manslaughter after an elderly man was killed by a block of icy snow falling from the roof of an apartment building.
Finally, the Appellate Court addressed the question of whether the joint return filed for the latter part of 2003 precluded Mr. Grede from being classified as a non-resident for the earlier portion of the year.
In the last few years there has been a marked increase in the number of wine-loving overseas investors seeking to purchase vineyards in France.
On February 1, 2013, the Federal Council approved the "Act on energetic modernization of leased residential space and on the simplified enforcement of eviction writs".
The legal dispute deals, inter alia, with subsequent increased rent claim of the lessor as plaintiff for the period from December 2004 until May 2008 based on a contractual indexation clause from 2000.
The days of Guernsey law firms having to charge a minimum fee based on a prescribed tariff are over. Firms are now charging at a level set not by professional rules, but by market forces.
The Guernsey housing market is divided into 2 categories: dwellings which are available for occupation by anyone and which are inscribed on the Housing Register (commonly known as "open market") and dwellings which can only be occupied by persons holding residential qualifications or a licence issued by the Housing Department (commonly known as "local market").
Please briefly describe the main laws that govern real estate in Hungary.
Lord Justice Jackson’s cost reforms came into force on 1 April 2013. Though primarily aimed at personal injury litigation, the reforms will affect construction and engineering litigation.
The Government's latest attempt to reform the planning system to kick start economic growth became law on 25 April in the form of the Growth and Infrastructure Planning Act 2013.
A report on the issuing of four separate judicial review proceedings against three recent development consent orders issued under the Planning Act 2008.
A discussion on the reforms of the Common Agricultural Policy, which have been running in parallel with the setting of the entire EU budget for 2014-2020.
The much anticipated Government amendments to the permitted development regime were put before Parliament on 9 May 2013 proposing some significant changes to the use of buildings without requiring planning permission, although unsurprisingly not in quite as radical a format as originally envisaged.
The 'Green Deal' initiative came into force on 28 January 2013, in order to promote the energy efficiency of commercial and domestic properties in the UK.
A discussion on the moves to reform judicial review time limits and challenges with those to cap liability for costs.
In June 2010 the Court of Appeal handed down a unanimous Judgment in the case of Geldof Metaalconstructie NV v Simon Carves Ltd ("Geldof") [2010] EWCA Civ 667.
With the current economic climate, landlords are increasingly finding that they have vacant units which they will often wish to secure occupation of on a short term basis, while they market the unit for a longer term let.
A discussion which highlights the main aspects which should be taken into consideration by an organisation or individual who is looking to undertake work in a territory other than in its home.
Clause 20.1 of the FIDIC form provides a procedure for dealing with the notification of and substantiation of extension of time and additional payment claims, and sets out the mechanics of the decision-making process of the engineer in respect of those claims.
Turnover rents are becoming increasingly common as the current economic climate sees a move to more flexible leasing arrangements which will in turn act as an incentive to tenants who are in a position to consider taking new leases.
For over 40 years the EIC (European International Contractors) has been at the forefront of advocating fair and balanced conditions of contract in the international construction sector.
One of the potential difficulties with international projects is that the contracts entered into are governed by laws which may be unfamiliar to one or other of the contracting parties. For example, there is a difference in the way that force majeure is treated in common and civil law jurisdictions.
The Costs Management Pilot Scheme was in effect for 18 months in all Technology and Construction Courts and Mercantile Courts, and ended on 31 March 2013.
A discussion on the Community Infrastructure Levy, as introduced by the Planning Act 2008, which is a tax on new development.
Bonds, guarantees, performance security or whatever they are called form an important part of every major international contract. Despite this, there are a regular number of cases, in many different jurisdictions, where the courts are asked to decide what the nature of the particular project security actually is.
For many years the appeal courts have been concerned with determining what character of building is a 'house' for the purposes of enfranchisement rights.
Concurrent delay is an issue that arises on most construction projects.
Recent case law has clearly demonstrated the benefits of joint owners of property declaring their beneficial interests.
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A discussion on the latest stage of the Growth and Infrastructure Bill's passage through Parliament and another couple of snippets on Planning Act regime tweaks.
A discussion on the reforms of the Common Agricultural Policy, which have been running in parallel with the setting of the entire EU budget for 2014-2020.
Lord Justice Jackson’s cost reforms came into force on 1 April 2013. Though primarily aimed at personal injury litigation, the reforms will affect construction and engineering litigation.
A report on the continuing disagreements in Parliament on the Growth and Infrastructure Bill.
The Engineering and Construction Contract (NEC3) and FIDIC Conditions of Contract for EPC/Turnkey Projects (FIDIC Silver) are both popular standard forms of engineering and construction contract.
A report on the coming of the Building Information Modelling.
The FIDIC Contracts Committee has issued a Guidance Note dealing with the powers of, effect of and the enforcement of Dispute Adjudication Board (DAB) decisions.
For over 40 years the EIC (European International Contractors) has been at the forefront of advocating fair and balanced conditions of contract in the international construction sector.
Recent case law has clearly demonstrated the benefits of joint owners of property declaring their beneficial interests.
A discussion on the Finance Act 2013, which has introduced a number of provisions which will be of relevance to those in and / or interacting with the commercial property sector.
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