Real estate and construction

The real estate and construction sector in Luxembourg is subject to strict regulations that require in-depth legal expertise. Berna & Associés supports individuals, investors and professionals at every stage of their real estate projects, including transactions, rental management, construction and litigation.

Real Estate law

Acquiring and managing a property involves numerous legal and contractual obligations. We assist our clients with:

Drafting and negotiating sales agreements.
Handling complex real estate investments, including cross-border acquisitions.
Structuring commercial, residential, and professional leases: drafting, negotiation, renewal, and resolution of lease disputes.
Real estate risk analysis, including easements, rent guarantees, and regulatory compliance.

Construction law

The success of a property project depends on the rigorous management of contracts and the responsibilities of those involved. We support our clients in:

Negotiation, drafting, and monitoring of construction contracts, including general contractor agreements, subcontracting, and project management contracts.
Handling construction-related disputes, including delays, defects, financial claims, and issues related to hidden defects or non-compliance.
Assistance during work acceptance phases and implementation of warranties, including the completion and ten-year warranties.

Co-ownership management

Co-ownership is governed by complex rules that require careful oversight. We assist with:

Drafting and amending co-ownership regulations.
Resolving disputes between co-owners or with property managers.

Real Estate Taxation

Real estate transactions have significant tax implications. We advise our clients on:

The tax consequences of real estate transactions, including VAT, registration fees, and capital gains tax.
Tax optimization of real estate investments, taking into account both Luxembourgish and international tax regimes.