DLA Piper Africa achieves impressive results in the newly released 2020 edition of The Legal 500: Europe, Middle East & Africa (EMEA)edition
Our real estate lawyers offer a full range of services, from the negotiation and preparation of sale, development and construction agreements to advising on the tax repercussions of real estate transactions and obtaining the necessary permits and approvals from the relevant authorities. We assist our clients in the full range of legal issues that can arise within this diverse sector. We accompany investors through all phases of real estate transactions, including negotiations and disputes with promoters, contractors and other key players in real estate transactions.
Our assistance goes beyond acquisitions and dispositions of immovable property; our team also integrates tax, employment, corporate, finance and insolvency and litigation advice to ensure comprehensive solutions. Our experience allows the team to handle the complete spectrum of issues that arise before, during and after project completion and/or property acquisition.
Clients benefit from our experience in orchestrating complex, long-term projects that involve drafting documentation, facilitating negotiations, navigating legal and regulatory issues and, when necessary, litigating on their behalf.
The team provides assistance and advice in relation to the acquisition of properties through the Property Development Scheme (PDS), the Smart City Scheme (SCS), the Invest-Hotel Scheme (IHS) as well as the construction, development, leasing and disposition of various kinds of real estate such as office buildings, hotels, industrial and residential properties. We also provide advice on the residency rights to which foreign investors are eligible upon investment in such schemes.
The successful completion of any construction project depends on the quality of the project documents and ensuring that the project is delivered to the required standard, on budget and on time.
Our lawyers are experienced in all sectors of the construction and engineering industry including energy, infrastructure and development. We advise on all manner of procurement methods, from commercial developments to major international, domestic, civil and process engineering and energy projects.
Our lawyers' experience guiding commercial development projects gives our clients a competitive advantage. Clients seek us out because we deliver the full range of services necessary to conceive, implement and complete significant projects.
We have handled multi-phased mixed-use projects including smart cities and mixed use resort properties.
Our real estate finance lawyers advise both lenders and borrowers in finance transactions throughout the real estate industry.
Clients know they can rely on us at all stages of their real estate transactions, from the term sheet and structuring stage, through closing, tranching, syndication and securitization, administration, servicing and, if required, restructuring. We have advised lenders in connection with the financing of a smart city on the west coast.
Contentious issues can arise in even the most carefully managed real estate portfolios. Our real estate litigation lawyers have the market understanding to offer legal advice about those issues that reflect our clients' business needs.
We also advise in relation to both high value and complex transactional work and day-to-day portfolio management issues, ranging from covenant and/or rights disputes on city center development sites to landlord and tenant issues such as the enforcement of tenant repair obligations.
Experience has included advising:
- On the acquisition of one of the most luxurious hotels in the South of Mauritius. Structuring all financial & legal aspects of the transaction including authorisations from the Prime Minister’s Office.
- Pelangi Resorts in connection with their hotel project at Pomponette in the south of Mauritius including authorisation with the Prime Minister’s Office.
- A foreign client with respect to the purchase of a boutique hotel and boat house and providing legal advice in relation thereof, verifying licenses, permits, employment contracts, transfer of leasehold rights and authorizations with government.
- The owners of IRS Villas on tax implications on the proposed re-structuring of ownership via a Luxemburg SOPARFI.
- An international group in the hotel industry for the acquisition of three hotels from a company in receivership. Assistance included, inter alia, conducting legal due diligence exercise, drafting of sale agreement, advising on the regulatory and approval requirements for foreign acquisition of immovable property in Mauritius. Also advising on government licenses and permits required to operate the hotels, on transfer of leasehold rights and on compliance issues.
- A consortium of purchasers in connection with the acquisition of a freehold land of an extent of more than 100 hectares for the purpose of developing an IRS project.
- A local conglomerate in connection with the development of a retail business park.
- Foreign clients on the relevant procedure for residence permits, occupational permit and citizenship in Mauritius.
As the articles in this issue show, the world’s second largest continent may offer real opportunities to foreign investors in real estate.