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Real Estate & Construction Law — Strasbourg

Building also means building a legal framework.

Real estate and construction law covers all operations involving immovable property: acquisition, leasing, development, building, co-ownership and disputes between owners, tenants, contractors and neighbours. It is a practical area of law where financial and personal stakes intersect.

Defects, structural disorders, unactivated warranties: in construction matters, disputes often come to light after works are accepted, when the deadlines for action are already running. The firm intervenes to establish contractor liability, activate statutory and ten-year warranties, and assist you in agreed or court-appointed expert proceedings. Whether you are a project owner or a construction professional, every stage of a project creates obligations that are better anticipated than discovered in litigation.

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A poorly negotiated lease is paid for throughout its entire term.

The lease clauses signed today determine your rights and constraints for years to come. The firm secures the drafting of your leases, negotiates the tenancy terms and ensures a fair balance of obligations between landlord and tenant. In the event of rent arrears, breach of contract or a dispute over termination, the firm handles your defence and conducts the necessary proceedings to protect your interests.

Alsatian-Moselle local law

An Alsatian-Moselle peculiarity not to overlook.

In Alsace and in Moselle, a real estate transaction does not follow quite the same rules as in the rest of France. Inherited from local history and established by the Law of 1 June 1924, the land register (livre foncier) replaces the standard property-registration service used in the rest of France. It is maintained by a magistrate — the land register judge — which gives it particular reliability.

In practical terms, between you and the seller, the agreement binds you from the moment of signature. But against third parties — a bank, a creditor, another buyer — your right only becomes secure once it is registered in the land register. It is the registration, not the date of signature, that takes legal effect. This rule has direct consequences for the timeline of a sale, the effectiveness of a mortgage guarantee, and successions involving property in Alsace or Moselle.

The firm integrates this specificity from the outset of every transaction analysis, to secure the moment at which your right becomes unassailable and to avoid delays or unwelcome surprises at the worst possible time.

References: 117th Notarial Congress · Senate Report · F. Hubé, Comprendre le livre foncier d'Alsace-Moselle, Larcier 2023

Interventions

Construction and contractor liability

  • Contractor liability
  • Statutory and ten-year warranties
  • Defects and poor workmanship
  • Construction and site disputes

Expert proceedings and technical disputes

  • Agreed and court-appointed expert assessments
  • Loss assessment
  • Support during expert proceedings
  • Defence of interests in litigation

Leases and tenancy relations

  • Lease drafting
  • Negotiation of tenancy arrangements
  • Securing contractual commitments
  • Managing landlord and tenant obligations

Tenancy disputes and eviction

  • Rent arrears and breach of contract
  • Lease termination
  • Eviction proceedings
  • Defence of landlords

Real estate transactions

  • Sale of property under future completion agreement (VEFA)
  • Acquisition and sale of real estate
  • Securing real estate transactions
  • Seller warranties and obligations

Examples of real-estate-and-construction work

Defects, commercial leases, real-estate projects: construction and property involve multiple, long-lasting responsibilities. The following examples illustrate how these are framed and defended.

Construction defects after handover
Situation
An owner discovers structural defects several months after a project is handed over. Communication with the builder breaks down.
Approach
Formal notice, analysis of the applicable statutory warranties, activation of the structural-damage insurance (dommages-ouvrage), direct negotiation with the parties involved.
What's at stake
Enforcing the owner's warranties and seeking compensation, favoring an amicable resolution where possible.
Commercial landlord-tenant dispute
Situation
A landlord and commercial tenant disagree (rent, charges, condition report, renewal). The relationship grows tense.
Approach
Review of the lease and each party's obligations, identification of the levers, negotiation or action depending on the client's interest.
What's at stake
Clarifying the rights and obligations under the lease and defending the client's position.
Securing a real-estate project
Situation
A developer is starting a real-estate project. The contracts and responsibilities of the parties must be framed before launch.
Approach
Drafting and review of the contractual documents, allocation of responsibilities, advice on the applicable warranties.
What's at stake
Setting a clear framework upfront to limit the risk of disputes during and after the works.

The situations described are illustrative, anonymized examples based on commonly encountered issues. They do not describe any identifiable matter and constitute neither a guarantee nor a prediction of outcome. Every case is assessed on its own circumstances.

Frequently asked questions

What should I do about defects after handover?
Identify the applicable warranty (completion, two-year, ten-year), serve formal notice, and activate the structural-damage insurance. The amicable route is often tried before litigation.
How do I handle a commercial-lease dispute?
By reviewing the lease and each party's obligations, then choosing between negotiation and action depending on the stakes and the relationship.
How do I obtain a lease termination indemnity if renewal is refused?
When the landlord refuses to renew the lease, they must in principle pay an eviction indemnity equal to the loss suffered (article L. 145-14 of the French Commercial Code): value of the business, removal costs, re-establishment and transfer costs. The tenant must meet the conditions for the right to renewal and, if no indemnity is offered, bring a claim before the court within two years - after that, the right is lost. Until payment, the tenant may remain in occupation. The main issue is usually fixing the amount.
Can the termination clause of a commercial lease be contested?
Yes. Receiving a payment demand does not make termination final. The tenant may settle within the month, apply to the court for a payment extension (article L. 145-41 of the Commercial Code, combined with the general power under article 1343-5 of the Civil Code), challenge an irregular demand, or raise a defence of non-performance if the landlord has itself breached its obligations - for example by failing to maintain the premises fit for use. The Cour de cassation confirmed that this last defence remains available even without a formal extension request within the month (Cass. 3e civ., 5 March 2026, No 24-15.820). A rapid response is essential.
Should a lawyer frame my real-estate project?
Framing contracts and responsibilities upfront strongly reduces the risk of disputes during and after the works.
Does the firm offer video consultations for real-estate and construction matters?
Yes. For a construction-defect claim, a commercial-lease dispute or a real-estate project, the firm offers a first 30-minute video consultation, free of charge and without commitment. Available from anywhere in France, without travelling to Strasbourg.