In today’s modern society, we are all at one time or another confronted with questions of real estate law. Whether it is to rent an apartment, to sell or buy a house, or even to apply for a building permit. So what exactly is real estate law?
What is real estate law?
In a simple and generic way, real estate law is all the legal texts concerning real estate and which regulate subjects such as rental, sale, neighborhood, town planning, construction, etc.
Why consult a legal advisor in real estate law?
As you have seen in the definition, real estate law is a very broad law and deals with many themes, each with its own specificities. Thus, it is very easy to get lost in this multitude of information.
It must be said that when it comes to real estate, we are talking about high value goods and significant investment, hence the need to exercise caution. A legal advisor in real estate law will provide you with all the legal and practical information that will save you from terrible mishaps.
Contact us to assist you in all your issues concerning real estate law and much more.
The sale or purchase of real estate
Purchase or sale transactions are by definition transfers of ownership, i.e. the seller transfers ownership of the asset to the buyer upon payment of a price.
The sale or purchase of real estate necessarily requires a writing, that is to say a contract signed by both parties and formalized with an authentic deed (notarized). Indeed, it is the notary who takes care of the registration formalities in the cadastre and others.
If you need to buy a property, be sure to ask how much the notary costs cost, as they are always the responsibility of the buyer and are therefore added to the price of the property.
Another important point! Demand the consultation of the documents which certify that the seller is the real owner of the property, because having the papers does not mean that the property belongs to him.
If you choose to go through an agency, it will take care of all the necessary formalities and checks. But you will have to pay them a commission for the transaction.
Renting or shared accommodation
Rental means the provision of real estate by a person called the lessor, the owner of the property, to another person called the tenant. The only difference with collocation is that the property made available by the lessor is occupied by several people, each having a contract with the lessor, so it meets the same conditions as rental.
The rental also requires the establishment of a contract which defines the rights and obligations of the two parties (lessor and lessee). Before signing a rental contract, it is recommended to carry out an inventory, which is of course different from the visit. This involves looking with the lessor at the condition of the various components of the property you intend to rent. If necessary, all this can be recorded in writing to be attached to the rental agreement.
This practice is in all respects in the interest of the tenant insofar as it allows him to protect himself from accusations of degradation that may come from the lessor.
The building permit
The building permit is an authorization issued by the competent authority for the construction or modification of a property, it is generally the town hall. Most of the time, the building permit is required for large-scale constructions such as the construction of a detached house and/or its annexes. Nevertheless, sometimes a building permit is necessary for smaller works such as extensions.
In practice, in certain cities or only in certain places of these, it may be required to have a permit to build a building, modify a house or even simply to make a small extension or an arrangement on a building (Ex .: install a hut on the roof of a building, or make an ecological vegetable garden there). Failure to comply with these provisions may result in the outright destruction of the building.
For these reasons, it is best to seek specialist advice before undertaking any work of this type, as this is information that is not widely available except to people working in construction etc.
The neighborhood
Urban life requires the respect of certain rules vis-à-vis the neighborhood. These are established to guarantee the serenity of everyone. So, whether it is to prevent you from violating some of them or to allow you to be able to get a neighbor to respect them, it is good to know them.
These include, among other things, noise pollution, the use of common areas and even sanitation.