A Q&A guide to corporate real estate law in Luxembourg.
The Q&A gives a high level overview of the corporate real estate market trends; real estate investment structures, including REITs; legislation; title and public registers of title; confidential information; state guarantee of title; tenure; sale of real estate; seller's liability; due diligence; warranties; cost; taxes and mitigation, including VAT and stamp duty/transfer tax; climate change targets; third party outsourcing; restrictions on foreign ownership or occupation; finance; leases; planning law and consents; and proposals for reform.
To compare answers across multiple jurisdictions, visit the Corporate Real Estate Country Q&A tool.
This Q&A is part of the PLC multi-jurisdictional guide to corporate real estate law. For a full list of jurisdictional Q&As visit www.practicallaw.com/realestate-mjg.
The main trend in the real estate market as well as in the wider economy has been the continuation of a cautious approach to investments. The Central Service for Statistics and Economic Studies (Statec) predicted one year of very weak growth in 2012 and a light recovery in 2013. Despite this, economic growth remains at around 1% (and growth of nearly 2% is anticipated for 2013) which is better than in the rest of the Eurozone.
In the real estate investment market, key trends have included:
The stable yields of 5.5% in Luxembourg City and between 6.75% and 7.5% in the periphery.
The increasing success of energy efficiency of buildings.
The lettings market has seen various large transactions (exceeding 1,000 square metres), notably:
Société Générale Bank and Trust in the Central Plaza, leased in front of the station (9,126 square metres).
University of Luxembourg lease on Kirchberg (8,627 square metres).
The European Financial Stability Fund lease of the Kubic building (3,552 square metres).
Private Bank Edmond de Rothschild leased in the Central Business District (4,296 square metres).
Bonn Steichen & Partners lease of office space in Howald (2,614 square metres).
Over the years, Luxembourg has a reputation as a centre of excellence for a large variety of real estate investment structures. Commonly used structures include:
Regulated structures. These are structures authorised and supervised by the Commission de Surveillance du Secteur Financier (CSSF) and subject to laws and circulars issued by the CSSF and Grand-Ducal regulations and include:
Specialised investment funds (Fonds d'Investissement Specialisés) (SIF). These funds are governed by the Law of 13 February 2007 (SIF Law). Approximately 80% of regulated real estate funds falls under the SIF law. Interests in funds which are subject to this law can only be sold to well-informed investors. In addition to the usual market of institutional and professional investors, this opens SIFs to high net-worth individuals who meet the requirements of the law. Although the eligible assets of the SIFs are unrestricted, they must ensure adequate risk diversification and disclosure.
Undertakings for collective investment (Organisme de Placement Collectif) (UCI). These are governed by the Law of 17 December 2010 (UNI Law), as amended which replaces the Law of 20 December 2002. The UNI Law provides for a common vehicle used for investing in real estate that must comply with certain investment restrictions. Real estate funds governed by the SIF Law or by the UNI Law may be set up as a:
société d'Investissement à Capital Variable (SICAV);
société d'Investissement à Capital Fixe (SICAF);
contractual fund form, a form of collective investment scheme (Fond commun de placement) (FCP).
The form chosen depends on the tax regime applicable to investors. FCPs are tax transparent whereas SICAVs and SICAFs are taxable with certain exceptions.
Investment company in risk capital (SICAR) (Société d'Investissement en Capital à Risque) . These are governed by the Law of 15 June 2004, as amended by the Law of 24 October 2008 (SICAR Law). SICARs are an investment vehicle tailored to qualified investors investing in venture capital and private equity and, while regulated, are not subject to investment restrictions and diversification requirements. Approximately 10% of regulated real estate funds fall under the SICAR law.
Unregulated structures. These are companies incorporated under the Law of 10 August 1915 on commercial companies, as amended, that are not subject to the authorisation and supervision of the CSSF.
Structures whose main purpose is to hold and finance participation in other companies (which in turn may own real estate) are often referred to as (Société de Participations Financières) (SOPARFIs). SOPARFIs are:
Benefit from the participation exemption regime on qualifying participations.
Offer greater flexibility for investors, notably in terms of choice of service providers and lower incorporating and operating costs.
Often take the form of a:
private limited company (Société à responsabilité limitée) (Sàrl);
partnership limited by shares (Société en commandite par actions) (SCA);
public limited company (Société anonyme) (SA);
limited partnership (Société en commandite simple) (SCS).
Luxembourg has adopted REIT-like structures (see above, Common structures). Under some conditions, funds can be set up as a form of collective investment scheme (FCP).
Institutional investors invest in real estate either through a semi-regulated structure or through a SOPARFI.
The SIF Law and SICAR Law detail that institutional investors can invest in the respective funds, including companies and organisations which manage large funds and portfolios such as insurance companies, banks and other financial intermediaries, pension funds, investment funds, national and local authorities, certain family offices, and so on, each of them investing for its own account.
Private investors invest in real estate either through a semi-regulated structure or through a SOPARFI.
For SIFs and SICARs, the SIF Law and SICAR Law enable private investors who meet the following conditions:
The investor has confirmed in writing that he has the status of a well informed investor.
One of the following conditions is met:
the investor invests a minimum of EUR125,000 (as at 1 September 2012, US$1 was about EUR0.8) in the SICAR.
the investor has obtained an assessment made by a credit institution (within the meaning of Directive 2006/48/EC), an investment firm (within the meaning of Directive 2004/39/EEC), or by a management company (within the meaning of Directive 2001/107/EC) certifying his expertise, experience and knowledge in adequately appraising an investment in risk capital.
The SIF Law and SICAR Law also enable investment from a professional investor. That is, a corporate or individual investor who is deemed to possess the experience, knowledge and expertise to make his own investment decisions and properly assess the risks incurred.
To be considered as a professional investor, the investor must comply with the criteria set out in Annexe III of the Luxembourg law of 5 April 1993 on the financial sector as amended. Private investors can be treated as professional investors on request. When assessing a request, at least two of the following criteria must be satisfied:
The investor has made ten significant transactions on securities markets in each quarter during the last four quarters.
The valuation of the investor's financial instrument portfolio exceeds EUR500,000.
The investor has or has had a position as a professional of the financial sector for at least one year.
In addition to the Civil Code (which regulates real estate ownership, mortgages and leases) and the Tax Code, the main laws and regulations are:
Law of 10 August 1915 on commercial companies, as amended.
Law of 21 May 1999 on the organisation of the territory, as amended.
Law of 10 June 1999 relating to the commodo-incommodo procedures regulating the security, environment and technical aspects of construction.
Law of 13 September 2011 modifying the Law of 10 June 1999 on classified establishments.
Grand-Ducal Regulation of 10 May 2012 providing new nomenclature of classified establishments, and applicable since 1 July 2012.
Regulation of 5 May 2012 related to the energy performance of residential and functional buildings.
Law of 30 July 2002 relating to some tax measures.
Law of 19 July 2004 relating to communal planning and urban development.
Law of 19 July 2005 relating to urban management and development.
Law of 22 October 2008 on the right of superficie and emphyteusis.
Investment vehicles are subject to the following legislation (see Question 2, Common structures):
Law of 15 June 2004 relating to SICARs.
Circular of CSSF 06/241 of 5 April 2006 on the concept of risk capital under the law of 15 June 2004.
Law of 17 December 2010 UCIs (Part II UCI).
Circular of CSSF 91/75 relating to the revision and remodelling of the rules to which Luxembourg undertakings governed by the Law of 30 March 1988 on UCI are subject.
Law of 13 February 2007 relating to SIFs.
Circular of CSSF 07/309 of 3 August 2007 relating to risk-spreading in the context of SIFs.
There is no definition of real estate in law. However, the similar concept of immovable property is defined in three forms as (Article 517, Civil Code):
Immovable by nature (such as land and buildings under Article 518 of the Civil Code).
Immovable by its destination.
Immovable by the object to which it is fixed.
Therefore real estate is composed of land and anything permanently affixed to it such as buildings, which are registered together in the same title.
The ownership of land cannot be transferred without simultaneously transferring the immovable property erected on it (except, to some extent, in specific cases of division of ownership such as emphyteusis (that is, a form of long term "lease" allowing the tenant to make full use of the land)).
Transfer of real estate is completed by the mutual consent of the seller and buyer (Article 1138, Civil Code). However:
A written contract is recommended to prove the transfer.
For the transfer to be enforceable against third parties, it must be first evidenced in a notarial deed (the notary undertakes the administrative formalities to register the deed) and then recorded at the Public Register (Bureau de la conservation des hypothèques) which is managed by the Registration and Domains Administration (Administration de l’Enregistrement et des Domaines).
The main information registered in the Public Register is:
The name of the current and former owners.
Description of the property.
Date of transfer.
Details of leases exceeding nine years.
Details of easements, mortgages and encumbrances.
Information provided in the Public Register is open to the public and cannot be protected from disclosure.
There is no state guarantee of title or any title insurance system available.
The notary in charge of the sale has responsibility for checking the ownership of real estate at the Public Register, so that there is no need to be insured against financial loss from defects in title to real estate and from the invalidity or unenforceability of mortgage liens.
Some specialised US companies issue title insurance for complex and sophisticated real estate transactions and Luxembourg-based real estate vehicles may be indirectly involved in this process.
The most common way to hold a property is the right of ownership (droit de propriété) which is the right to use, enjoy and dispose of the real estate in the most absolute way.
The right of ownership can be divided into:
Usufruct (between a bare owner and the usufructuary).
Superficie (between a land owner and the superficiaire) which is a right in rem granted for a fixed duration of a maximum of 50 years (a term which is renewable). The right allows the superficiaire to own and erect buildings, works and plantings on a property belonging to the land owner.
Emphytheusis (between a land owner and the emphytéote).
Real estate is mainly marketed by real estate agents and specialised websites that gather advertisements coming from sellers and real estate agents.
Depending on the nature and complexity of the transaction, commercial negotiation might occur a few months before the sale or even further in advance. The advice of real estate agents and lawyers is generally required to facilitate the process and avoid future legal and administrative issues.
The seller and buyer generally enter into either a preliminary contract (compromis de vente) or a letter of intent (lettre d'intention) in which some of the general terms and conditions for the real estate purchase are defined. Condition precedents and specific provisions are often inserted in these agreements since an offer, whose price and object are clearly defined, that is accepted by the other party, binds both parties.
As part of this pre-contractual step, due diligence is advisable to assess legal and administrative formalities (for example, the urban planning situation, encumbrances, leases, and so on) as well as technical aspects of the contemplated transaction (see Question 12).
Corporate real estate is often an asset of a real estate company whose shares are transferred as part of a transaction through corporate structures and funds available in Luxembourg (see Question 2). Specific pre-contractual arrangements might be necessary for a deal structured in this way, such as the incorporation of a special purpose vehicle (SPV), the valuation of assets or shares or the intervention of accountants, auditors, notary, and so on.
It is not compulsory under Luxembourg laws (although highly recommended) to enter into a written sale contract.
Transfer of real estate is completed by the mutual consent of the seller and buyer (Article 1138, Civil Code) (see Question 5). Therefore, a promise of sale is the same as a sale, where there is reciprocal consent of both parties as to the property and the price.
The transfer must be registered in the Public Register to be enforceable against third parties.
Between parties, title is transferred at the moment of their reciprocal consent as to the property and the price through, for example, the execution of a private deed (unless the parties decide to defer the transfer of ownership to a later date, such as the execution date of the notarial deed or on fulfilment of condition precedents).
Notarisation is required to make the transfer enforceable against third parties. Enforceability is ensured by the registration of notarial deeds.
The seller must explain clearly to the potential buyer what he binds himself to. Any obscure or ambiguous agreement is interpreted against the seller (Article 1602, Civil Code). Therefore, the seller must demonstrate that:
It has obtained all required authorisations.
There is no easement, mortgage, encumbrances, lien or charge on the real estate.
There is no claim in relation to the real estate.
The seller must also inform the notary about easements that are known to exist and is liable if these easements are not mentioned in the notarial deed. The notary carries out compulsory research that is included in the notarial deed before registration.
Selling companies who perform corporate real estate transactions through share deals must comply with corporate requirements under Law of 10 August 1915 on commercial companies, as amended. However, disclosure obligations do not apply to the seller if not included as part of the representations and warranties of the share purchase agreement.
Before an acquisition, it is common for the buyer to perform due diligence to cover legal, technical, administrative and other related aspects of a contemplated real estate transaction, including:
A search of the Public Register (the notary remains liable, to some extent, for the title investigation (see Question 8)).
Reviewing leases and encumbrances.
Assessing the technical condition of the premises and its conformity to security legislation and its fitness for purpose.
Assessing building, construction and environment concerns, especially pollution through tests carried by specialised firms. Professional engineering firms are commonly used for building, construction and environment investigations.
Assessing the urban planning situation and potential difficulties in obtaining building permits.
Assessing tax/corporate/litigation issues.
The seller owes the buyer a statutory warranty of the following (unless provided otherwise) (Article 1625, Civil Code):
Peaceful possession of the property sold. Therefore, the seller cannot disturb the buyer in possession of the property sold. On the sale of a business, Luxembourg judges consider the seller's warranty to include obligations with respect to goodwill, including the customers of the transferred business and the obligation of the seller to refrain from diverting these customers to his advantage (Law of 1 June 1966, 20, 251).
That there are no latent defects of the property, or defects that render the property useless. This warranty applies when defects render the property unfit for the use for which it was intended or when such defects so impair that use that the buyer would not have acquired it, or would have paid a lesser price for it, had he been aware.
Additional seller's warranties are provided for in Articles 1601-1 to 1601-14 of the Civil Code regarding the sale of property which has yet to be constructed. In this sort of sale where the buyer makes payments in instalments to the seller according to the progress of the construction (and then before final completion), the seller must give a first demand bank guarantee covering the completion of the construction and the repayment of advances in case of non-completion.
Effective due diligence anticipates situations where there is a danger that liability will be inherited, and the sale agreement must provide for representations and warranties of the seller to cover any liability (particularly related to the environment) occurring after completion of the sale.
Where there is an imminent threat of environment damage, the operator (defined as an individual or entity that carries out or controls a professional activity, including the permit holder) must take the necessary preventative measures (Law of 20 April 2009 relating to environment liability). However, the operator does not have to bear the cost of remedial action where the following conditions apply:
It demonstrates that the damage or threat results from a third party's behaviour despite security measures undertaken (Article 9.3).
The occupier demonstrates that it was not at fault or negligent under some conditions.
Consequently, the owner/occupier/operator is liable for environmental damage even if it occurred before it bought or occupied the land, unless it can demonstrate that all necessary measures to avoid damage/threat resulting from third party behaviour were taken and it was not at fault or negligent under the conditions set forth by the law.
Where there is fraud, latent defects and/or representations and warranties provisions, the owner/occupier/operator can bring an action against the seller (see Question 13).
In addition to liabilities under Articles 1602 to 1649 of the Civil Code (that is, the statutory warranties of peaceful possession and latent defects (see Questions 11 and 13)), the seller remains contractually liable for breach of representations and warranties covered in the sale agreement.
The seller remains liable to the buyer for any environment liability within the limits set by Articles 1602 to 1649 of the Civil Code and the representations and warranties if any.
Liability to the Administration of the Environment generally lies with the "operator" of the environmental damage (generally, the buyer).
Notarial fees must be paid by the buyer and are calculated as a percentage of the purchase price according to a government-fixed scale. Notarial fees consist of three elements:
Reimbursement of expenses for services and external documents required for project implementation (public register of lands, mortgage registry, land surveyor, and so on).
The notary's fees themselves, which reward the notary and his staff's work. These are set by grand-ducal regulation.
Based on the mandate given by the seller to the real estate agent in charge of selling the property, the agent's commission is usually paid by the seller unless otherwise agreed between the parties. For corporate sales, commission amounts from 0.75% to 2% depending on the volume, and for residential sales, commission amounts to 3% plus one month's rent.
VAT law differs depending on if the real estate concerned is a new or pre-existing construction.
The supply of real estate is generally exempt from VAT (VAT Law of 12 February 1979). However, under certain conditions, taxable persons can opt out of this exemption and can elect to have their transactions subject to VAT.
Different rates apply according to the nature of the transaction, ranging from 15% (standard rate), 12%, 6% to 3% of the purchase price. The reduced 3% VAT rate applies to the construction and renovation of housing that will be used as a main residence either for the owner or a third party renting it.
For projects where the company buys the land on which the construction company will erect the building, there is a distinction between:
The purchase of land, which is subject to registration fees of 7% or 10% depending on where the land is located.
The construction of the building itself, which is subject to VAT at 15%. The construction of the building is however not subject to registration fees.
Registration tax is fixed at a rate of:
7% of the purchase price (that is, 6% registration duty and 1% transcription tax) for properties located outside the municipality of Luxembourg.
10% (that is, 6% registration duty, 3% municipal surcharge and 1% transcription tax) for properties within the municipality of Luxembourg.
Registration tax must be paid within 15 days of signing the notarial deed but in practice, notaries require the funds on the day the deed is signed.
There are three main methods to mitigate real estate tax liability on acquisition of real estate portfolios:
A tax credit of a limited amount on registration and transcription fees where real estate is for the purposes of a main residence for at least five years.
A short term acquisition can result in a partial tax repayment on resale under certain conditions.
No registration duty for a real estate acquisition through an SPV (in any Luxembourg corporate form).
The Regulation of 5 May 2012 related to the energy performance of residential and commercial buildings added some requirements to the previous energy performance regulations under the Law of 5 August 1993.
Since 1 July 2012, real estate advertisements published in the business media must indicate the energy efficiency class (based on the index of primary energy expenditure) and the class of insulation (based on the index of energy expenditure heating) of a residential building.
Facilities management companies are often used by multinational companies to manage their real estate portfolios on a daily basis.
There are no such restrictions on foreign ownership. Foreign shareholders, individual owners, and companies can freely hold shares and real estate assets in Luxembourg.
Change of control of a company does not affect its holdings of real estate.
The state, municipalities, public administrations and, to some extent, individuals (whose interests coincide with the public interest) are entitled to compulsorily purchase real estate for public interest purposes (Law of 15 May 1979, as amended relating to the expropriation for public interest purposes). The price is determined either between the parties or by the court after consultation with experts and is usually based on the market price.
All municipalities have the right to levy a municipal tax (impôt foncier) on real estate properties based on their territory, irrespective of their use (residential, business, mixed, and so on).
Rates depend on several elements, such as:
The unit value given by the tax administration to the real estate.
The rate applicable to the municipality in which the real estate is situated.
The category of real estate (that is, residential, corporate, and so on).
Acquisition of large real estate companies holding real estate are generally financed through bank facilities, intercompany loans, issuance of hybrid instruments such as (convertible) preferred equity certificates and equity.
SPVs put in place to acquire real estate commonly enter into agreements, arrangements and loans with banks, lenders and group companies in order to raise finance. To secure finance, lenders generally request collateral over the financial instruments and/or shareholders loans issued by the SPV (see Question 28).
Sale and leaseback is used but not often.
The most common forms of security used to secure finance are:
Pledges over an SPV's bank accounts.
Pledges over an SPV's shares.
Mortgages are expensive and rarely used for real estate acquisition through an SPV.
A pledge over a Luxembourg private limited company's shares is perfected on notification of the pledge agreement to the company. For the pledge to be effective against third parties, the pledge must be registered in the shareholders' register of the company (Law of 5 August 2005 relating to financial collateral arrangements).
A pledge over a bank account containing cash is perfected on entry into an agreement between the pledgor and the pledgee. To be valid and effective against third parties, the bank with which the account is held must be notified and must acknowledge the account pledge.
Securitisation is a transaction where a securitisation undertaking acquires or assumes, directly or indirectly through another undertaking, risks relating to claims, other assets, or obligations assumed by third parties or inherent to all or part of the activities of third parties, and issues securities (valeurs mobilières), the value or yield of which depends on these risks (Law of 22 March 2004 on securitisation).
This definition covers risks relating to the holding of assets, whether movable or immovable, tangible or intangible.
Real estate securitisation is not common, although securitisation transactions in Luxembourg have recently involved diverse assets such as commercial loans, mortgage loans, operating businesses, and so on.
Lease provisions are freely negotiable between parties other than for some provisions of the Civil Code. For example, commercial leases must comply with Articles 1762-3 to 1762-8, which include rules regarding:
Notification of renewal request.
Right of preferential renewal for commercial tenants who operate a business in the leased premises for more than three years.
There is no specific form required to execute a lease. Although not advisable (for evidencing purposes), an oral lease is valid between a landlord and a tenant.
Any written lease agreement must have signed counterparts so that each party receives an original executed agreement.
Rent is reviewed according to an automatic indexation system of market price, which is linked to the Index des prix issued by the Statec. Independently from this system, parties can adopt any method of rent review except under residential leases where a principle of invested capital is put in place in which under certain conditions a maximum rent can be fixed.
Rental income is exempt from VAT but is subject to registration tax. Stamp duty applies at a rate of 0.6% of the aggregate rent for the initial term plus one renewal under some conditions.
However, rental income is subject to VAT if the tenant is VAT registered and after obtaining a specific option granted by the VAT administration.
The parties can freely negotiate the duration of a lease. The most common term for a commercial lease is a so-called 3-6-9 year lease, under which each party can terminate the lease every three years.
Commercial leases must comply with Articles 1762-3 to 1762-8 of the Civil Code. Article 1762-4 states that the tenant is entitled to a preferential lease renewal right for a period of up to 15 years, provided that the tenant has been conducting its business for at least three years.
A tenant has the right to sublet or even to assign his lease to another person, unless the lease provisions provide otherwise (Article 1717, Civil Code). However, in practice, commercial leases usually contain non-alienation provisions.
Companies of the same group can share their business premises under the terms agreed with the landlord in a lease agreement.
Unless otherwise agreed in the lease agreement, landlords are responsible for putting the leased premises in good repair (Article 1720, Civil Code).
On an ongoing basis, landlords are responsible for major repairs (for example to the building structure) and tenants are responsible for minor repairs.
Insurance for the leased premises is usually taken out by the landlord while the contents of premises are insured by the tenant.
The landlord does not pass on the cost of insurance to the tenant as part of a service charge.
Fixed-term leases terminate when the term expires.
A landlord can terminate the lease agreement where there is any material breach of the lease by the tenant (for example, non-payment of rent or deterioration of the premises).
The tenant can terminate the lease agreement where there is any material breach of the lease by the landlord (for example, a severe unresolved issue with the building structure).
The tenant's insolvency or bankruptcy does not automatically terminate the lease agreement. However, it might be in the interests of the landlord to negotiate the termination of the lease with the bankruptcy receiver as soon as possible since a landlord ranks with the remaining tenant's creditors.
A landlord is entitled to use his preferential right over the furniture of the premises to collect against unpaid rents.
The Administration for Organisation of the Territory (Département de l'Aménagement du Territoire), a division of the Ministry for Sustainable Development and Infrastructures (Ministère du Développement Durable et des Infrastructures) regulates zoning and urban development according to the Grand-Ducal Decree of 27 July 2009 relating to the constitution of Ministries.
The key planning regulations and laws are:
Law of 21 May 1999 on the organisation of the territory, as amended.
Law of 19 July 2004 relating to communal planning and urban development, as amended.
Law of 19 July 2005 relating to urban management and development.
Regulation of 28 July 2011 on the content of municipality planning.
A building permit (autorisation de bâtir) is required for the construction of new buildings, renovation or demolition of an existing building, and should be applied for from the competent communal administration.
A landowner or its representative wishing to develop or change the use of his land in new districts must request a special development plan (plan d'aménagement particulier) (PAP). A PAP must comply with the commune's building regulations. A PAP is approved by the communal council and the Minister for Home Affairs and the Greater Region (Ministre de l'Intérieur et à la Grande Région).
Under simplified administrative procedures resulting from new regulations (Law of 13 September 2011 modifying the Law of 10 June 1999 on classified establishments and Grand-Ducal Regulation of 10 May 2012 providing new nomenclature of classified establishments and applicable since 1 July 2012), operating permits for classified establishments (commodo/incommodo authorisations) must be obtained. The permit needed depends on the class of establishment. Applications are made to the Environment Administration (Administration de l'Environnement) or Inspectorate of Labour and Mines (Inspection du Travail et des Mines) or the mayor of the commune where the business intends to set up operation. The authorisation aims to define the development and operating conditions to protect the environment and ensure the safety of workers, the public and the neighbourhood in general.
The consents needed are those set out in Question 41.
Third parties with a specific interest in the project have the right to object during a certain period of time. Administrative courts are competent to decide on any claim. Third parties become aware of potential planning applications because building permits must be published at the construction site and the PAPs must be published at the premises of the municipality.
Public inquiries may be required to grant a commodo/incommodo authorisation (see Question 41, Operating permits) notably when the contemplated activity has a potential impact on the environment and the safety of workers.
The timeframe for a decision depends on the nature of the authorisation. However, once the application is fully submitted the process should not exceed six months for a commodo-incommodo authorisation (using the simplified procedure since 2011/2012) and two to four months for a building permit.
The applicant can lodge an appeal against a decision taken by the competent authorities with the administrative court:
Within 30 days following the date of acknowledgement of receipt of the decision concerning the admissibility of the application.
Within 40 days following the date of acknowledgement of receipt of the final decision.
In the absence of a response from the authorities after a period of three months.
The Bill referenced 6124 concerning the organisation of the territory and intended to reform the Law on the organisation of the territory is currently under discussion before Parliament.
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Main activities. Lists all Luxembourg notaries and general information.
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Description. Official and regularly updated government website that provides information on laws and regulation as well as documents published by Luxembourg companies at the trade and commerce register.
Description. Official and regularly updated portal of the Luxembourg administrative authorities describing the most common procedures and making available the necessary forms, allowing certain procedures to be carried out online. English translations are also available.
Qualified. Luxembourg, 1993; New York, US, 1993; Milan, 2001
Areas of practice. Dispute resolution; IP and IT; general commercial; real estate; construction; employment, compensation and benefits; insolvency and restructuring.
Qualified. Brussels, 2004; Luxembourg, 2008
Areas of practice. Corporate; M&A; real estate; construction law; gambling and social gaming law.