Real Estate

Key real estate challenges

Key real estate challenges facing occupiers and landlords include implementing ESG commitments, sharpening portfolio performance and implementing hybrid-fit working practices, having the right digital strategy and IT infrastructure, as well as redefining the landlord and tenant relationship.

Understanding our client's operating business and key drivers

We take the time to understand each client's operating business and key drivers and to provide commercial solutions to legal issues and invest in building relationships that last. Having experience working for both landlords and occupiers gives us a unique understanding of the issues faced by both parties. A core part of our real estate practice involves acting for occupiers and we are well placed to service their property requirements, including headquarter buildings, portfolio management and landlord/tenant advice. We engage in the negotiation and documentation of complex and novel commercial arrangements between co-owners of major commercial real estate. We also support property portfolio management for landlord and corporate and government tenant clients. Our sector approach means that we can bring together experts from across the firm to create client-focused teams in all relevant legal areas to support our clients.

Comprehensive service

Real estate development projects need experts across a range of areas including planning, CPO, public procurement, infrastructure, construction, rights of light, joint ventures, tax and real estate finance.

Full service offering

Development and regeneration is at the heart of our practice. Our team has acted on some of the most complex and large scale projects undertaken worldwide. We understand the challenges and risks associated with successfully completing long term schemes and aim to provide effective and commercial advice. We have considerable experience acting on large development projects including residential and commercial components, both for developers and financiers, which positions us to be able to identify key operational and commercial risks (and opportunities) and to make the necessary provisions at the outset of the project. Our team is highly experienced in project managing real estate development projects and can call on experts in all areas to support real estate development. We are also experienced in advising on "both sides of the fence" and have an in-depth understanding of the issues that developers, landowners and public authorities face. This insight means that we can act quickly to assist in negotiations and help find innovative solutions to problems that may arise.

Advising across the real estate life cycle

Clients need advice across the whole real estate life cycle – from the set-up and establishment phase, to the financing and investment phase, through to the divestment and winding up phase. Our lawyers have the ability to advise on both the real estate and corporate aspects of a transaction, giving clients the security of having an expert single point of contact for the lifecycle of a deal.

Comprehensive service

Our dedicated global team combines international and local expertise and experience to guide our clients through the global investment market, advising on some of the largest, most complex and innovative deals in the real estate market in all classes of real estate investment, and on direct and indirect investments in real estate, real estate private equity, funds formation, joint ventures and co-investment structures. Our property investment practice brings together the diverse skills and experience of our real estate, projects, finance, M&A, funds, taxation and dispute resolution lawyers in an integrated team to provide a full service offering covering all areas relevant to real estate investment, including developing strategies to help manage risk and tackle the most complex of transactions.

Integrated approach

Our tax team works closely with our expert real estate team to understand the unique tax challenges faced by funders, investors, developers and managers. This integrated approach combining our technical excellence and deep commercial understanding helps us to provide innovative, practical and commercial solutions on all aspects of real estate transactions, including some of the largest commercial property acquisitions and disposals, development projects, real estate funds, and property financing.

Experienced team

Our tax team is experienced in direct and indirect tax issues underlying these transactions and tax-efficient structuring of investment and development activities.

Experience in a broad range of disputes

Real estate projects and transactions frequently give rise to a broad range of disputes, including property insolvency, termination of leases and property agreements, development disputes, interpretation of property documents, rights over property, and high value/complex landlord and tenant disputes.

Strategic approach to real estate disputes

Our approach to dispute resolution is commercial and strategic. We consider our clients' objectives and work closely with our client teams in executing an agreed strategy. Avoiding a dispute or preventing one escalating is often the objective and, to this end, our team is experienced in alternative dispute resolution, as well as acting in national courts or before specialist tribunals.

Go to our Real Estate Dispute Resolution page to find out more

Strategic approach

Undertaking major real estate projects or land development activities requires identification of approval requirements and the risks involved in obtaining approvals. Strategies are needed to efficiently progress assessments and applications. The potential of climate change laws and policies as well as commercial opportunities to mitigate GHG emissions need to be considered in the structuring of a project. Before buying land or committing to a project, due diligence needs to be carried out to help ensure the environmental constraints and liabilities are identified, assessed and can be efficiently managed.

Extensive planning offering

Our team of dedicated planning experts provides advice on all aspects of planning law. Working across the public and private sectors, we advise on complex regeneration and infrastructure projects, including major mixed-use development schemes, retail development, high-value residential schemes and landmark office developments. Our services include providing strategic planning advice, dealing with all aspects of planning and infrastructure legal agreements, advising on environmental impact assessment, viability, promotion of compulsory purchase orders and compensation claims and inquiry, tribunal and litigation work. Our cross-sector experience allows us to anticipate opposing viewpoints to provide solutions-focused advice. In addition to working with external consultants, we work closely with our expert colleagues to ensure a seamless interface across all of our practice areas, including construction, environment and dispute resolution.

Global experience

Ashurst's Real Estate Finance team has undertaken some of the most complex real estate finance transactions in the market across Europe, Asia and Australia. We have the ability to quickly assemble multi-jurisdictional and multi-disciplinary teams, connecting our clients with experienced experts across the full spectrum of assets and transaction types. Our global team can draw upon our tax, structured finance, loan portfolio, corporate, funds, dispute resolution and restructuring experts.

Relentlessly client focused

Our clients include lenders, sponsors and equity providers, fund managers, property investors and developers, construction and development companies and government authorities. We strive to have an in-depth understanding of each client's business, procedures, documents, competitors and industry, aiming to ensure we are both commercially pragmatic and legally robust in our approach.

Partnering with clients

Our knowledge and experience means we understand the issues our clients face and work as an integral part of each client's team to help deliver landmark projects across the real estate, energy, transport and infrastructure sectors. Our experienced construction team advises on the construction aspects of all types of property sales and purchases and both publicly and privately financed energy, transport, infrastructure and regeneration projects including procurement strategy and structure. We act for developers, public bodies, funding institutions, project sponsors, contractors and consultants. 

Commercial and proactive approach

We have the expertise, depth and proven track record in providing legal services in the design and development of complex construction and development projects across the commercial, residential, retail, energy, transport and infrastructure sectors. We bring our knowledge and understanding of the industries we operate in to provide our clients not just with expert legal advice but also commercial insight. We get involved at the earliest stages of any project and work closely with our clients and project teams to ensure the right contract is in place, create project delivery strategies and management processes, help overcome obstacles, and strive to minimise risk and meet commercial objectives.