Real Estate & Infrastructure
Real estate and infrastructure form the backbone of our economy. Whether transforming office buildings, developing new residential areas or realizing wind farms - Trusteed provides strategic legal advice throughout the entire lifecycle of real estate and infrastructure projects. From permits to financing, from procurement to operations.
Trusteed guides developers, investors and governments through large-scale real estate and infrastructure projects. From mixed-use developments to public-private partnerships, from datacenter investments to logistics hubs - we provide integrated legal advice for complex project development, financing and operations.
Key Regulations
Environment and Planning Act
Housing Act
Monuments Act
Spatial Planning Act
Public Procurement Act
Building Decree
Rent Control Act
Soil Protection Act
Natura 2000
Ground Lease Act
Our Expertise
Specialized legal services within this sector
Transactions & Structuring
Complex transactions and optimal corporate structures
Regulation & Compliance
Compliance with sector-specific laws and regulations
International Aspects
Cross-border legal matters
Risk Management
Legal risk analysis and mitigation
Project Development & Permits
Large-scale real estate development navigates through complex spatial planning procedures under the Environment and Planning Act. We guide developers from initiative phase to delivery, advising on zoning plans, environmental permits and development plans. Our expertise includes upfront agreements with municipalities, planning damage claims and appeal procedures at the Council of State. For infrastructure projects, we advise on route decisions, crisis and recovery act procedures and spatial integration plans. We ensure timely permit granting while effectively managing environmental risks and stakeholder objections.
Real Estate Finance & Structuring
Real estate finance requires complex structuring of senior debt, mezzanine and equity layers. We advise on investment grade financings, construction loans and permanent financing with Dutch and international banks. Our specialists structure sale-and-leaseback transactions, forward funding deals and joint ventures between developers and institutional investors. For CMBS and real estate funds, we advise on regulatory compliance, loan portfolio acquisitions and loan servicing agreements. We negotiate loan documentation that ensures bankability while maintaining developer flexibility during development and lease-up phases.
Public-Private Partnerships
Infrastructure projects via PPP structures combine public interests with private efficiency. We advise governments and consortia on DBFM(O) contracts for roads, tunnels, bridges and utility buildings. Our expertise includes competitive dialogue procedures, procurement law and state aid analyses. For availability payment structures, we develop payment mechanisms that align performance incentives with public interests. We advise on risk allocation matrices, change procedures and contract management during 20-30 year concession periods, ensuring balanced distribution of construction, maintenance and availability risks.
Asset Management & Transactions
Institutional real estate investors optimize portfolios through strategic acquisitions and disposals. We guide single asset deals and portfolio transactions of office, retail, logistics and residential assets. Our due diligence covers lease contract analysis, title investigation, environmental assessments and technical building survey coordination. For core-plus and value-add strategies, we advise on repositioning plans, lease restructuring and capital improvements. We structure asset deals and share deals with tax-efficient holding structures, optimizing warranty & indemnity protection for vacancy, construction defects and environmental liabilities.
Why Trusteed
In-depth Knowledge
Years of experience within this sector
Strategic Approach
Legal advice with business operations in mind
International Experience
Cross-border expertise and network
Sector Characteristics
Frequently Asked Questions
How do we guide complex Environment and Planning Act procedures?
We advise on environmental plan procedures, participation processes and permit applications under the new system. Our experience includes preliminary consultations with municipalities, within-plan and outside-plan environmental activities, and use of deviation options. We develop legal strategies that minimize development risks and ensure alignment between spatial plans and project ambitions.
What financing structures do we recommend for development projects?
For development projects, we structure mezzanine financing that offers equity returns with debt-like security. We advise on construction-to-permanent loans connecting development and investment phases, forward commitments from institutional investors and joint venture equity where developer receives promoted interests. Our structures optimize leverage while meeting bank covenants and investor return requirements.
How do we structure successful PPP projects?
Successful PPP requires balanced risk allocation where private party assumes risks it can control (design, build, lifecycle) while public party retains political and demand risks. We advise on output specifications that stimulate innovation, payment mechanisms with availability deductions for non-performance, and change procedures for scope modifications. Our contracts balance bankability for senior lenders with operational flexibility for facility managers.
What are the legal considerations in portfolio acquisitions?
Portfolio deals require standardized due diligence approaches for 10+ assets, where we coordinate legal, technical and financial due diligence. Key focus areas are lease contracts (lease terms, break options, service charges), title issues (easements, mortgages, ground leases) and latent defects. We structure warranty packages with property-specific schedules and caps & baskets that cover material risks without blocking deals.
How do we advise on office-to-residential transformations?
Office transformation navigates building code requirements, monument status and tenancy law. We advise on termination of commercial lease contracts, obtaining transformation permits and structuring development agreements with municipalities. For projects under Housing Act, we advise on permit requirements and social housing quotas. Our pragmatic approach ensures feasible transformations that contribute to housing stock while remaining economically viable.
Discuss yourlegal matter
Real estate and infrastructure investors operate in a dynamic market with increasing ESG requirements, nitrogen issues and housing shortages. Our specialists combine real estate knowledge with expertise in environmental law, financing and public law. From transformation projects to new construction, from repurposing to demolition - we provide pragmatic advice that realizes projects within budget, schedule and regulations.
