The Dutch new Environment and Planning Act – the broad scope of the zoning plan

By Paul de Lange, TeekensKarstens advocaten notarissen

In 2020 we wrote an article about the Netherlands’ new environment and planning act (omgevingswet) that would enter into force on 01 January 2022. The current schedule of this multi-billion euro legal project indicates it will enter into force on 01 January 2023, but we expect the start date to be postponed once again. The main difficulty is the readiness of the digital system to view areas designations and applicable rules of the zoning plan.

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green energy

Green leases, sustainable leases

By Helmut Seitz & Peter Fassl, HSP Rechtsanwälte GmbH

Sustainability plays a central role in real estate projects. In this context, so-called green lease agreements are gaining in importance.

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Melbourne, Australia

Buying residential land: Approval required!

By Tony Nunes, Kelly + Partners Chartered Accountants

Before acquiring an interest in residential land in Australia (regardless of the value), non-residents need approval from the Foreign Investment Review Board (FIRB). The approval process is designed to ensure proposed investments actually increase Australia’s housing stock. An application must be submitted electronically to the Australian Taxation Office and a fee is payable (the amount will depend on the sale price and type of property).

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Agricultur, Romania

The new agricultural revolution: Changes in the legal regime of agricultural areas in Romania

By Alina Iozsa & Alexandra Burdulea, Hategan Attorneys

The legal regime of unincorporated agricultural areas in Romania has been the subject of longstanding debate. Authorities claimed that the purpose of the new conditions introduced in 2020 and 2022 was to increase usage of farmland and consolidate the market; however, they seem to be doing quite the opposite so far. As a result, new burdensome obligations for both landowners and buyers have been introduced, restricting national and foreign investors from concluding sale agreements over such lands. Numerous concerns have been raised about the compliance of these new conditions to fundamental principles of the European Union, such as non- discrimination.

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Warsaw, Poland

Tech rush in Warsaw

By Andrzej Tokaj, Penteris

This piece was researched several weeks ago during “peacetime”. Although we are tackling the newest real estate trends, the spotlight is now on the war in neighbouring Ukraine. It will pervade society and the economy here in Europe as well as globally, and it will have a major effect on the real estate market, but that is for another article. Now back to our main theme of the tech rush in Warsaw.

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Requiem for the Drop and Swap . . . Not Just Yet!

By Drew Emmert, DBL Law

For many years, seasoned commercial real estate (CRE) investors in Ohio have structured real estate transactions as an entity purchase and sale, often referred to as a “drop-and-swap”. In a drop-and-swap, the seller transfers or “drops” the real property into a newly formed, single-member, limited liability company, usually formed by the seller, in a conveyance that is exempt from Ohio conveyance tax. The seller then transfers 100% of the membership interests in the LLC to the buyer in exchange for the purchase price.

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Aberdeen, Scotland

Carbon neutral construction in Scotland

By A. Ross Taylor, Wright, Johnston & Mackenzie LLP

The “Granite City” of Aberdeen, the slate of Balachulish, and tar by John Louden McAdam. For centuries, Scotland has held a worldwide reputation for quality and innovation in construction. However, historically this has involved the harvest of natural resources, damaging our environment. Held in the industrial heartland of Glasgow between 31 October and 12 November 2021, COP26 resulted in the Glasgow Climate Pact. The Pact:

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Impact of the Real Estate (Regulation and Development) Act, 2016

By Janvi Khatri, Zinzuwadia & Co. CA

The Indian Government implemented The Real Estate (Regulation and Development) Act, 2016 (RERA) with the intention of regularising the real estate market of India to safeguard the interests of property buyers. Prior to its enactment, real estate developers did not have any authority examining and supervising them on their development work. The Impact of RERA can be defined in the following manner:

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construction

Integrated teams and plans are a better way

By Josh Quinter, Offit Kurman

Heraclitus was right – “the only constant in life is change”. The inability to find qualified help, the rise in technology-based solutions, and increased specialisation have been forces of economic disruption for some time. Now the COVID pandemic, supply chain shortages, and significant inflation are exacerbating that level of disruption.

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Mexico City, Mexico

Essential points to consider when acquiring a real estate property in Mexico  

By Prof Sergio Guerrero Rosas, Guerrero y Santana, S.C.

It is becoming increasingly common that foreigners wish to acquire real estate in Mexico, and it is essential to keep in mind some of the peculiarities and considerations that must be taken into account when acquiring a property in Mexico. Although Mexico is known for having a friendly and familiar market compared to other foreign markets, it is necessary to make a good plan when acquiring real estate to ensure the protection of such property and to obtain the best tax benefits in accordance with Mexican law. Some of the points to be considered by foreigners when acquiring a property in Mexico are:

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