Commercial Real Estate Investments
Commercial real estate projects in Italy and Germany – whether in the fields of hospitality, tourism, retail, industry, or logistics – require integrated legal and strategic advice. Beyond real estate law, corporate, tax, and regulatory considerations must regularly be taken into account in order to structure investments in a legally secure and economically sustainable manner.
Acquisition Structures and Transaction Models
The acquisition of commercial real estate in Italy and Germany can be structured in different ways. In an asset deal, the property itself is transferred directly, whereas in a share deal, the transaction involves the purchase of shares in a company holding the property. In many cases, investors opt for the establishment of a special purpose vehicle (SPV), designed to acquire, develop, and manage the project. Each of these models entails distinct implications for contract drafting, liability allocation, financing, and tax treatment. A careful assessment of the available structures is therefore essential to ensure both legal certainty and economic efficiency in cross-border transactions.
Planning, Permits, and Development
Commercial real estate projects often require structural modifications or new developments. To ensure legal certainty and project viability, an early review of planning and building regulations is essential. This includes the buildability of the site, potential changes of use, and compliance with construction, environmental, and safety requirements. Depending on the project, formal building permits or simplified procedures (such as notifications or declarations) may be necessary. Equally important is the contractual framework with architects, engineers, and construction companies, which must clearly define responsibilities, timelines, and liability. A coordinated legal and technical approach lays the foundation for efficient project execution and risk mitigation.
Dispute Prevention and Legal Enforcement
Conflicts in real estate projects – whether due to construction delays, defects, breaches of contract, or regulatory requirements – can often be avoided through early legal guidance. Where disputes do arise, I represent your interests effectively and strategically, whether in negotiations, before German or Italian courts, or in arbitration. The objective is always a commercially sound solution while safeguarding your legal rights.
Commercial Lease and Tenancy Agreements
The contractual framework is crucial for the long-term use and economic viability of commercial property. I draft and review commercial lease agreements for retail, office, warehouse, and industrial spaces, as well as tenancy agreements for hotels, restaurants, and tourism facilities. Agreements with operating and management companies are likewise of particular importance, especially where properties are to be entrusted to specialized operators.


Strategic Legal Support for Your Real Estate Project
The successful implementation of commercial real estate investments requires precise legal structuring and continuous guidance. From the choice of transaction model to regulatory approvals and lease or operator agreements, I provide comprehensive, integrated advice. By working closely with experienced tax advisors and technical experts, I ensure a coordinated approach that combines legal certainty with economic efficiency.
Rechtsanwalt & Avvocato Alessandro De Maria
Corso di Porta Vittoria 5
20122 Milano
Via Statale 2235
22016 Tremezzina
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