Legal news

Attic ghosts or no one is expected to ignore the law and urban planning regulations

Attics and lofts are the space under the roof between the frame and the top floor. Sometimes they are empty, sometimes they are fitted out. In practice, however, it is not uncommon to find at the time of a sale that such fittings are not authorized, or not even capable of being authorized, or that, what's more, they involve spaces belonging to the common areas of a condominium. Lastly, as the calculation of attic surface area is not always clearly understood when a property is sold, an imprecise deed of sale can be a source of conflict, calling into question ...
July 4th, 2024| Legal news

The new provisions of the Law of 26 July 2023 on business permits: Focus on real estate business introducers

Overview of the Law of 26 July 2023, amending the Law of 2 September 2011 regulating access to the professions of craftsperson, merchant, manufacturer as well as certain liberal professions, as amended (the "Business Permit Law"). The 2023 law established and defined a new professional activity, that of "real estate business introducer" (apporteur d’affaires immobilier). The law defines this profession as "the commercial activity of putting a real estate agent or developer in touch with any other person wishing to sell or rent a property" (Article 2, point 1°bis of the Business Permit Law). Any enterprise (natural or legal person) ...
May 15th, 2024| Legal news

Overview of the environmental laws impacting retail business

The Law of 21 March 2017 on packaging and packaging waste, as well as the Law of 9 June 2022 amending (1) the Law of 21 March 2012 on waste, as amended; and (2) the Law of 31 May 1999 establishing an environmental protection fund, as amended, aim to combat pollution, limit the harmful use of non-recyclable products, and promote a circular and sustainable economy. These two pieces of legislation demonstrate legislators' ongoing commitment to environmental protection. By adopting these laws, legislators seek to encourage a transition towards a more sustainable society that respects nature. They also highlight the need ...
April 30th, 2024| Legal news

Real estate, climate and sustainability: politics and challenges

In the wake of the climate emergency, the European Union (the "EU") has set a bold objective for the real estate sector: to achieve carbon neutrality by 2050. This ambition reflects the dual reality of the sector: on the one hand, its significant impact on the environment, and on the other, the growing demand for eco-friendly buildings. For real estate actors, whether investors, developers, companies, design offices, intermediaries or consultants, it is essential to understand not only the direct impact of current and future environmental regulations, but also the sometimes less visible implications of ESG (Environmental, Social and Governance) regulations. ...
March 27th, 2024| Legal news

Understanding electronic signatures

The advent of digital technology has profoundly transformed many sectors, including construction. BIM, CAD, site monitoring software, information sharing platforms... the applications are numerous. Among the most notable innovations, electronic signatures have become an increasingly popular tool, thanks to the efficiency and security they offer. This article aims to explain to professionals the various formats and subtleties of electronic signatures. The practical and legal definition of an electronic signature Electronic signature is a process that enables a person to sign a document electronically. It involves the use of cryptographic techniques to guarantee the authenticity and integrity of the signed document. ...
March 14th, 2024| Legal news

Luxembourg: Recent legal developments in Real Estate

Download the PDF here I. Introduction The Luxembourg legislators and administration have brought several legislative changes impacting the real estate industry in Luxembourg, and further legal initiatives have been announced in draft bills. The Luxembourg Constitutional Court also issued an important decision. II. Recent changes in laws and regulations New Tax measures (i) New Double Tax Treaty (“DTT”) between Luxembourg and the UK On 19 July 2023, the Luxembourg Parliament ratified the new DTT between Luxembourg and the United Kingdom. The new DTT has introduced a so-called “Property-Rich” provision in Article 13.2. According to that provision, the right to tax ...
March 11th, 2024| Legal news

The Proportionality Principle – a balance to (re)discover?

The revised version of the Luxembourg Constitution entered into force on 1 July 2023. Of the four sections it includes, that which resulted from Bill No. 7755 reformed Chapiter II., entitled "Rights and Freedoms", and more specifically, Section 3. thereof – "Civil Liberties". The new Art. 11 paragraph (1) henceforth provides that "Luxembourgers[1] are equal before the law" and that "the Law may provide a difference of treatment which stems from an objective disparity that is rationally justified, adequate and proportionate to its purpose." Also, the new Art. 37 stipulates that "Any limitation on the exercise of civil liberties must ...
January 25th, 2024| Legal news

AI in real estate: A promising future, crucial legal challenges

The real estate industry is going through transformation thanks to artificial intelligence (AI). This revolutionary technology offers opportunities to actors in the real estate and construction sectors, while at the same time posing legal challenges. Below is an overview of domains in which AI can be used: Energy Management: AI monitors and controls energy consumption in real time, by adjusting heating, air conditioning and lighting to reduce costs and minimize the carbon footprint. Predictive Maintenance: AI systems predict the maintenance needs and performance data of equipment, thus allowing proactive repairs to avoid costly breakdowns. Security and Surveillance: Cameras and sensors ...
November 9th, 2023| Legal news

Reform of Luxembourg’s non-profit (ASBL) regime: decoding the main amendments

On 28 June, Bill No. 6054 on non-profit organisations ("ASBLs") and foundations was voted into law. The law will enter into force in September and repeals the Law of 21 April 1928, as amended. The stated goal is to specify, adapt and simplify the existing provisions to lighten and modernize the legal framework as well as create more accounting transparency to guarantee better control. Several amendments are to be noted: First, the bill moves towards modernization of the governance rules. These are relaxed to take into account technical and technological developments. Convening notices to general meetings can henceforth be sent by ...
October 2nd, 2023| Legal news

Responses to parliamentary questions on completion guarantees

Since certain recent bankruptcies, off-plan sales (VEFA) legislation, supposedly protective of buyers, has shown its limitations. This is particularly true of guarantees of completion and reimbursement guarantees (garanties d’achèvement respectivement de remboursement), which should be returned to buyers, around which there are many questions and much uncertainty: what exactly does the guarantee cover? What are the guarantor’s obligations and what are the limitations thereof? These issues contribute to increasing potential buyers' mistrust of VEFA, adding to the difficulties caused by rising interest rates and energy prices in particular. While the Ministers of Justice, Housing and Finance have begun to provide ...
September 13th, 2023| Legal news

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