Expertise in the development of complex legal packages

In order to find a suitable response to the needs of our public or private clients, we set up operations based on innovative and complex legal packages :

• Property Development Contract or CPI
• Sale of property for future completion orVEFA
• Public/Private Partnership
  Long term lease or BEA
  Long term hospital lease or BEH
  Partnership Contract or CP
  Authorisation of Temporary Occupation or AOT

Property Development Contract or CPI

the property development contract is a public interest mandate by which a person referred to as a “property developer”, obliges the contractor to institute, for an agreed price and by means of a contract for the supply of services, at the completion of a construction programme of one or several buildings as well as proceeding or having proceed, by means of an agreed remuneration, to all or part of the legal, administrative and financial operations for the same objective.

The developer is the guarantor of the execution of the obligations given to those persons with whom he has dealt with on behalf of the contractor.

If the developer agrees to execute a part of the programme`s operations, he is responsible for, regarding these operations, any obligations of a service contractor.

Sale of property for future completion (VEFA in French)

This concerns a contract by which the seller immediately transfers land rights as well the ownership of existing constructions to the purchaser.

The future constructions become the property of the purchaser as and when they are built; the purchaser agrees to pay the price as the works progress.

Public/Private Partnership
Long term lease (Bail Emphytéotique Administratif or BEA in French):

Long term lease (Bail Emphytéotique Administratif or BEA in French): A real property belonging to a local authority can be the object of a long term lease (bail emphytéotique) as set out in article L. 451-1 of the Rural Code, to accomplish, on behalf of the semi-autonomous regions, a mission of public service or carry out an operation of public interest in its jurisdiction or until 31 December 2007, linked to the needs of justice, the police as well as a public health centres or health structures considered as public corporations.

The long term lease (Bail emphytéotique) is a very long property lease (18 to 99 years) which accords the lessee a real right on the leased article, provided that he improve the assets in exchange for a low rent, the improvements benefit the lessor at the end of the lease without the latter having to indemnify the leaseholder.

The situation of the parties, in this type of lease, is quite particular since the leaseholder will benefit from a real right on the asset that is leased.

The leaseholder is a quasi owner of the asset which he as been leased.

Public/Private Partnership
Long term hospital lease (Bail Emphytéotique Hospitalier or BEH in French)

Legal deed by which a hospital confers to an operator the design, construction, financing and maintenance-use of a property project.

This type of lease is a very long property lease (18 to 99 years) which accords the lessee a real right on the leased article, provided that he improve the assets in exchange for a low rent, the improvements benefit the lessor at the end of the lease without the latter having to indemnify the leaseholder.

The situation of the parties in such a long term lease is quite particular since the leaseholder will benefit from a real right on the asset that is leased.

The leaseholder is a quasi owner of the asset which he as been leased.

Public/Private Partnership
Partnership Contract

The partnership contract allows a public authority to confer to a company the mission of financing, designing (all or a part), constructing, maintaining works or public amenities and services contributing to objectives of public services long term and for a payment made by a public corporation and spread over time.

The aim is to optimise the respective performances of the public and private sectors to realise projects as rapidly as possible especially for projects which are urgent or complex for the authorities:

• hospitals;
• schools;
• IT systems;
• infrastructures.

The advantages of this new type of contract are multiple :

• acceleration by pre-financing the execution of projects;
• an innovation which benefits the authority thanks to the dynamism and creativity of the private sector;
• an overall cost approach;
• long term performance guarantee;
• optimal risk sharing between the public and private sector, each party bears the risks they can best control. In this way, the partnership contract completes and enhances the panoply of public commissioning tools in France.

Public/Private Partnership
Authorisation of Temporary Occupation (Autorisation d’occupation Temporaire or AOT in French)

Authorisation of temporary occupation of a public domain is a legal instrument that allows the State to accord a third party a real right to the domain so that the latter can construct a building that it uses or rents to the State.

At the end of the occupancy, the works, buildings and installations on the occupied domain must be demolished, either by the authorisation holder or at his cost, unless keeping the buildings has been expressly stated in the deed of occupation or the proper authority renounces all or part of the demolition.

The co-contracting party of the public corporation ensures the contracting of the work to be carried out.