The services related to real estate and construction are separated into an individual category because of a special legal status and mode of use and disposal of real property, as well as due to the land and construction legislation which is one of the most important in the real economy.
Mortgage or transfer into the authorized capital, purchase or sale, transfer or acquisition of leasehold constitute an integral part of economic relations. Agreements relating to real property require a guaranteed check of documents proving the title or leasehold. The legislation has established special rules for deals with real property, and non-compliance with such rules may result in declaring an agreement void or invalid. Rules for documentation flow related to real property (mandatory certification of an agreement, registration of title and/or encumbrances) assume the availability of special knowledge and experience in organizing support for such agreements. All these circumstances make real property deals such as running increased risks and requiring legal support.
In turn, the issue of real property form only the tip of the iceberg when it comes to implementation of investment projects involving construction. Public-private partnership projects in the port, road and rail infrastructure are directly related to land agreements and creation of new property. This specificity assumes the engagement of experienced lawyers specialized in this subject.
Our practice in trade in real property relates mainly to the period of work of firm partners in the State Property Fund. About 40,000 properties were sold to private buyers in the process of small privatization in the mid-90s. The work in the legal department of the Fund included not only direct involvement in privatization of particular property, but also required the development of regulations and recommendations for application of the legislation for regional privatization authorities.
A huge number of unfinished construction projects inherited after the collapse of the Soviet Union as well as the specificity of such projects associated with land and the need for investment in the construction required developing of a special law on privatization adopted in 2000.
Within the private legal practice, our law firm supported investment projects in ports, which involved large-scale construction of the new infrastructure and reconstruction of the existing basic port infrastructure, including piers, hydraulic underwater structures, railway port infrastructure (port stations and access roads).
The provision of legal services within this practice confronts us with the problems of legislation and law enforcement not only in the course of providing support to real property deals and construction projects. We analyse and make conclusions to ensure that the next project is more successful, we study opinions of other experts to form an objective legal position, we monitor legislation to keep up with recent developments, and we offer amendments to legislation to create a favourable investment regime for infrastructure development. For instance, one of our developments in the construction industry is the draft law simplifying the licensing procedures in the process of construction on the lands of water resources, occupied by water, namely in the waters of seaports.
Within real property deals and in the implementation of projects involving construction of new properties, we provide the following services:
- general advising within the land and construction legislation, including licensing and state regulation in the construction industry;
- organization of project planning of real property deals;
- legal audit of documents of title to real property and documents certifying leasehold;
analysis of investment risks associated with acquisition and use of real property and implementation of construction projects;
- legal support of all stages of construction projects;
- drafting of legal documents, including purchase and sale agreements and real property lease agreements;
- legal assistance in allocating land plots;
- privatization of land;
- change of purpose of land plots;
- consulting services in the field of land and environmental legislation, including interaction with state and regulatory authorities.
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