Urban planning and the environment
Laws on urban planning and the environment have a major influence on real estate projects – whether they seek to purchase or sell, rent or let, build, renovate, or convert – with numerous administrative burdens.
The SAGREK association will assist you right through to project completion, by examining the feasibility with respect to urban planning, negotiating with issuing authorities, submitting your permit requests and writing a covering note if necessary, following up on the instructions for your request for authorisation and even submitting an appeal against a rejection.
If a building to be sold, or one you have bought, does not comply with urban planning regulations, the SAGREK association will also help with the procedures needed to remedy it and defend your interests with respect to administrative and/or legal authorities.
If the development of a neighbouring project or the adoption of a plan or urban planning regulation is causing concern, the SAGREK association Agreement will assist you as part of a public inquiry by submitting a complaint and attending the consultation committee, as well as submitting an appeal against an issued urban planning permit if appropriate, or against a plan or regulation passed.
This field of activity also includes other areas that the SAGREK association is active in, including but not limited to:
– public interest compulsory purchase orders
– soil pollution
– socio-economic permits.
– environmental taxation.
Public procurement contracts
Public procurement contracts govern all commercial relationships between an individual and public authorities – whether it is a purchase of movable or immovable property, project design and construction, or the delivery of goods or services.
The principles of equality and free competition govern these relationships and place strong limits on the freedoms of the parties – how the contract is advertised, how to be involved and submit a tender, as well as how it is awarded, executed and modified, are all strictly controlled.
The SAGREK association works with the contracting authorities in deciding on which procedure best meets the needs of the contract, drawing up the contract specifications, analysing and comparing offers, deciding on who to award contracts to, appeals by rejected bidders, and in the execution of the contract and when it is completed, and against any demands by successful bidders.
The association also works with bidders by clarifying requirements that must be fulfilled to be involved in the contract and submit an offer, and if appropriate in appeals lodged against a decision to not award the contract to a bidder.
Finally, the association works with architects and project designers whose liability is invoked.
The success of a real estate project is based on the quality of the contracts signed by the project manager and those responsible for the construction – the architect, the contractor and the engineers – or between the developer and the purchaser.
The SAGREK association will assist you with drawing up the various contracts and specifications, whether you are the project manager, architect, contractor, engineer, developer or purchaser.
The SAGREK association will also advise on the execution, whether it is for additional orders, budgetary overshoot, planning delays, abandonment of work or defects.
Finally, the association will defend you after the work has been completed, whether it is for recovering the balance for works or fees, making comments as part of provisional acceptance, opposing final acceptance, or reporting faults or defects.
Sale of real estate
Property transactions are sometimes agreed in haste.
However, agreeing on the price and the property sold is sufficient to bind the purchaser to the seller.
The SAGREK association assists both future purchasers and sellers and works to secure the transaction before the sale is concluded, as part of drawing up the contract and the offer, and having it accepted or reaching a compromise.
The SAGREK association also acts if necessary when an offer had been accepted or compromise signed to rectify documents that were hastily agreed. In these cases, the association does its utmost to negotiate the flawed parts before signature of a compromise or bill of sale.
The association also assists the purchaser or seller once the sale has been concluded with any hidden defects, compliance failures or failure to comply with urban planning requirements that justify receipt of compensation or if appropriate the cancellation of the sale.
Finally, selling real estate is not a thing done overnight, and working with a real estate agent does not necessarily protect the seller, who will have to deal with any failures by the real estate agent with respect to the purchaser.
The SAGREK association assists both sellers and real estate agents with disputes that have arisen between them.
The relationship formed between a landlord and their lessee are governed by law, but not by law alone.
Lease provisions also influence their relationship and a correctly drawn up lease can prevent or avoid a number of disputes.
Whether it is the lease of a main residence, a short or long duration lease, or a commercial lease, the SAGREK association assists landlords or future lessees in their negotiations and with drawing up the lease.
Once the lease has been signed, the SAGREK association assists lessees whose landlord has refused to carry out necessary works or to deal with any enjoyment issues such as noise or odours, failure of the property to comply with regulations, humidity or poor sanitary conditions, or where the landlord wishes to end the lease early without a legitimate reason.
The association also works with the landlord in cases where the lessee is at fault – for recovering unpaid rent or if necessary terminating the lease – or in their dealings with administrative authorities if the property is deemed unfit for habitation or to allow the property to be rented once again.
The association also helps lessees and landlords with renewals or terminations of leases under special conditions according to the type of lease.
Joint ownership can be tricky, whether it concerns agreement over works to be carried out in shared or private areas, illegal or unauthorised use of shared areas, failure to pay management fees, failure to abide by internal rules, etc.
These issues cannot necessarily be settled by simple reading the joint ownership deed as the terms can lead to confusion and require the intervention of a lawyer or judge if appropriate to provide an interpretation.
The association helps joint-ownership associations and co-owners at general meetings and in disputes arising between them.
Easements and shared ownership
The legal relationships between neighbouring plots of land (easements) can be complex and come in many forms, and can give rise to many conflicts between the owners and/or occupants of these plots of land.
The same is true for legal issues related to determining the boundaries between these plots of land.
The association provides its clients with the best advice possible on the various issues that can arise is this area and if necessary will provide legal representation.