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Real estate

Real estate lawyer in Luxembourg

The firm secures your real estate deals in Luxembourg: acquisitions and disposals, property SPAs, due diligence, commercial leases, development and structuring of ownership through a company.

In short

A real estate lawyer in Luxembourg secures acquisitions and disposals, real estate SPAs, due diligence, commercial leases, development and the structuring of holdings through a company. Cerno Law Firm supports investors, developers and businesses, from acquisition to rental operation, including the corporate structuring.

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Maître Cora Maglo, Avocate à la CourResponsible for legal content: Maître Cora Maglo, Avocate à la Cour, Liste I du Barreau de Luxembourg depuis 2009. · Applicable law: Luxembourg

What does a real estate lawyer do in Luxembourg?

Real estate lawyer — A real estate lawyer in Luxembourg audits the property, negotiates and drafts contracts (preliminary sale agreement, SPA, commercial lease), structures the holding, for example through a company, and defends the client in a dispute. The lawyer works alongside the notary, who alone receives the authentic deed of sale.

Source: Luxembourg Bar Association

Deed of sale
Authentic deed received by a notary
Sale of a company holding real estate
Share deal (SPA), analysed separately from a direct sale of the property
First consultation
EUR 175 excl. VAT, 30 minutes
Acquisition scoping or commercial lease
Fixed fee from EUR 1,500 depending on the transaction
Direct acquisition or through a company: points of comparison
CriterionDirect holdingHolding through a company
Transfer instrumentSale of the property by notarial deedTransfer of shares (SPA), depending on the company form
Prior auditTitle, easements, planning, leasesThe same points, plus the situation of the target company
TaxationDuties linked to the sale of real estateSeparate analysis, to be validated with a tax adviser
SuccessionInheritance rules applying to the propertyTransfer of shares, to be organised according to the company form

A real estate deal in Luxembourg involves substantial sums and lasting risks: the quality of the audit, the contract and the ownership structure determines the security of your investment over the long term.

Cerno Law Firm supports investors, developers and companies across the entire real estate chain, from acquisition to rental operation, including the corporate structure.

Real estate lawyer in Luxembourg: when should you call on the firm?

You are buying, selling, developing or operating a property in Luxembourg and need to secure the contract, the audit and the ownership structure.

An acquisition without due diligence or a suitable structure exposes you to defects, easements and poorly managed taxation.

What happens if you do nothing?

Hidden defects, easements, co-ownership disputes, badly drafted leases, a tax-inefficient ownership structure.

A property contract that is insufficiently audited shifts the risk onto the buyer or investor for years.

How does the firm step in?

Real estate due diligence, drafting and negotiation of the SPA, structuring of ownership through a company, drafting and securing of commercial leases, and support on development operations.

Cerno is a law firm admitted to the Luxembourg Bar: the digital tools serve only to simplify the gathering of documents, the qualification of the matter and the tracking of requests; they never replace the lawyer's advice, who audits and drafts every deed.

Practice areas

When to call on the firm

  • Acquire or dispose of a real estate asset in Luxembourg.
  • Structure the ownership of a property through a company.
  • Draft or secure a commercial lease.
  • Support a property development operation.

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Expertise

Review by a lawyer of the Luxembourg Bar.

Simplicity

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Documents required : Real estate lawyer in Luxembourg

  • • Title deed and notarial deed
  • • Surveys, plans and planning permissions
  • • Current leases and operating contracts
  • • Investment and ownership objectives

Deliverables : Real estate lawyer in Luxembourg

  • • Real estate due diligence report
  • • Negotiated SPA or commercial lease
  • • Ownership structuring scheme

Indicative timing : Real estate lawyer in Luxembourg

Due diligence and the drafting of deeds are organised over a few days to a few weeks depending on the nature and complexity of the deal.

Fees stated upfront

Consultation from EUR 175 excl. VAT; drafting of a commercial lease or scoping of an acquisition at a fixed fee from EUR 1,500 depending on the deal.

See fees for this area
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What should you check before buying property in Luxembourg?

Direct answer. Before signing, check the title deed, easements and mortgages, compliance with planning permissions, existing leases and, for a co-owned property, the rules and charges. A lawyer carries out this due diligence before commitment, because the preliminary sale agreement already creates obligations.

Conditions precedent, in particular obtaining financing, must appear in the agreement with a precise deadline. A missing or vague condition no longer protects the buyer once the agreement is signed.

Should you buy directly or through a company?

Direct answer. The choice depends on taxation, succession and financing, and is not decided on a single criterion. A company can ease succession and pooling between investors, but it adds accounting obligations and its own tax analysis. That analysis is carried out with a tax adviser before the purchase.

The firm compares both structures on your real situation, then drafts the documents of the chosen structure.

What is the difference between an asset deal and a share deal?

Direct answer. In an asset deal the buyer purchases the property directly; in a share deal the buyer purchases the shares of the company that holds the property. A share deal takes over the company with its liabilities and requires a more detailed SPA, with asset and liability warranties.

The tax regime differs depending on the structure. The lawyer structures the transaction and the SPA, together with the investor's tax adviser.

Who drafts and secures a commercial lease?

Direct answer. The lawyer drafts and negotiates the commercial lease for the landlord or the tenant: term, rent and indexation, guarantees, works, assignment and sub-letting. The lawyer checks that the text complies with the mandatory rules of Luxembourg law, since some clauses cannot be excluded by contract.

In the event of unpaid rent or termination, the firm also acts in litigation. See the dedicated page on the commercial lease.

FAQ

Frequently asked questions

Should a property be held directly or through a company?

It depends on your wealth, tax and succession objectives. The firm compares the options and structures the most suitable form of ownership.

What is audited in real estate due diligence?

The title deed, easements, planning permissions, leases, disputes and the property's tax position. The aim is to avoid any nasty surprise after the purchase.

Does the firm draft commercial leases?

Yes, the firm drafts and negotiates commercial leases and supports their performance and any disputes.

Does Cerno replace the notary?

No. Cerno is a law firm admitted to the Luxembourg Bar that secures the legal side and coordinates the notary's involvement where relevant.

How much does a real estate lawyer cost in Luxembourg?

The first consultation is EUR 175 excl. VAT for 30 minutes. Scoping an acquisition or drafting a commercial lease is fixed-fee from EUR 1,500 depending on the transaction, announced before engagement.

When should you consult a lawyer before buying property?

Before signing the preliminary sale agreement. It already binds the buyer, and conditions precedent such as financing are negotiated in it. Due diligence after signature limits your options.

Real estate lawyer in Luxembourg: which documents should you prepare?

The firm usually asks for: (1) Title deed and notarial deed; (2) Surveys, plans and planning permissions; (3) Current leases and operating contracts; (4) Investment and ownership objectives. Further documents may be requested once your situation has been reviewed.

Real estate lawyer in Luxembourg: what timeframes should you expect?

Due diligence and the drafting of deeds are organised over a few days to a few weeks depending on the nature and complexity of the deal.

Real estate lawyer in Luxembourg: what does the firm’s support include?

The firm’s support usually includes: (1) Real estate due diligence report; (2) Negotiated SPA or commercial lease; (3) Ownership structuring scheme. The exact scope is set out in the quote, before any engagement.

Member of

Affiliations & professional networks

  • Barreau de Luxembourg
  • European Immigration Lawyers Network (EILN)
  • Union des Avocats Européens (AEA)
  • Cross Border Advisory Solutions
  • Institut Luxembourgeois des Administrateurs (ILA)
  • Association Luxembourgeoise des Juristes de Droit Bancaire (ALJB)

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Written by Maître Cora Maglo, attorney at law.

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Founded in 2013; Maître Cora Maglo has been admitted to the Luxembourg Bar since 2009

2013
independent firm
2009
at the Bar since 2009
4,7/5
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Expertise & authority

Ongoing review and analysis of Luxembourg and European case law

Avocate à la Cour, List I of the Luxembourg Bar since 2009

Trained at the London School of Economics, formerly at Clifford Chance and Bonn Steichen & Partners

Member of international networks: EILN, AEA, Cross Border Advisory Solutions

Every matter handled and approved by a lawyer admitted to the Bar

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They talk about us

The firm referenced and cited

Professional directories, business press and legal publications where Cerno Law Firm and Maître Cora Maglo are referenced.

  • Paperjam
  • Editus
  • AmCham Luxembourg
  • ICLG, Corporate Immigration
  • Lexology
  • Startup Luxembourg
  • Alumni Université de Strasbourg
  • DatoCapital
  • Lawzana
  • Sitipro
  • Opendi Luxembourg
  • Yellow.lu
  • Luxembourg.co
  • Legalist
  • Global Law Lists
  • Debitura

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