Real Estate & Construction

Recent Articles

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  19/06/2025

  Hungary

  Hungary proposes change to “Mall Stop” decree: new restrictions on transfer and lease of retail units

  The Hungarian Government has submitted for public consultation a draft amendment to Government Decree No. 143/2018. (VIII. 13.), which sets out the detailed rules for change-of-function permitting procedures applicable to retail units with a gross floor area exceeding 400 m². The consultation process concluded on 10 June 2025.Key elements of the proposed amendmentAccording to the government, the purpose of the amendment is to incorporate practical experience gained since the decree’s introduction, clarify certain provisions, and better define when a change-of-function permit is required....

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  17/06/2025

  Hungary

  Hungary adds criminal offences for sanctions violations and widens corporate criminal liability

  On 11 June 2025, the Hungarian parliament passed legislation widening the scope of corporate criminal liability as part of the transposition into Hungarian law of Directive 2024/1226 on the definition of criminal offences and penalties for the violation of EU restrictive measures. Most of these changes go beyond the scope of the Directive, however, and will apply to all criminal offences, not just violating sanctions. The following article is an overview of the most important provisions in this new legislation.Changes to the Criminal Code and the Code of Criminal ProcedureUnder the Hungarian Criminal...

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  12/06/2025

  Austria

  EU Buildings Directive in Austria: De­car­bon­iz­a­tion of the real estate sector in Austria remains on the agenda despite global uncertainties

  DE

  Amid ongoing global challenges – from the war in Ukraine and the aftermath of the COVID-19 pandemic to economic uncertainties and volatile (energy) markets – many long-term political issues have temporarily faded into the background. Nevertheless, decisive action on climate protection remains a high piority for the European Union and therefor aldo the national legislator in Austria, particularly with regard to the decarbonization of the building sector. The revised EU Energy Performance of Buildings Directive (EPBD) is a direct response to the urgent need to reduce energy consumption...

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  26/05/2025

  Ukraine

  FIDIC-related disputes in Ukraine: judicial practice and legal implications

  Concluding construction contracts based on the standards of the International Federation of Consulting Engineers (FIDIC) remain uncommon in Ukraine. A few large-scale infrastructure projects that were undertaken before the war, however, did use these templates. Due in part to the unfamiliarity of contracting parties and authorities with FIDIC provisions, the disputes that do arise often present unique legal and procedural challenges within the Ukrainian jurisdiction.When such disagreements escalate, they are frequently subject to arbitration regimes prescribed by the contracts. The selected cases...

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  21/05/2025

  Hungary

  Hungary moves closer to achieving final energy savings target

  On 12 June 2025, Hungary will take a notable step in meeting its energy savings target when the most recent legislative change to Act LVII of 2015 on Energy Efficiency (also known as the Energy Efficiency Act) comes into effect.The background to the enactment of the Energy Efficient Act are as follows: over the past six months, the Hungarian energy efficiency obligation scheme (in Hungarian: energiahatékonysági kötelezettségi rendszer) (EEOS) underwent significant changes. Under the EEOS, obligated parties (i.e. electricity, natural gas and fuel traders selling fuel to...

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  21/05/2025

  Belgium

  The Con­sti­tu­tion­al Court facing its limits: how far can the un­con­sti­tu­tion­al be maintained?

  FR

  When the legislator crosses the red lineDespite repeated warnings, it is still the case that the legislator adopts tax laws that are contrary to the Constitution. Several years later, the Constitutional Court intervenes to correct the situation… by annulling the disputed provision.The problem: to avoid budgetary and administrative chaos, the Constitutional Court increasingly chooses to maintain the effects of the annulled law, sometimes even for taxes that have already been established. This legal sleight of hand leaves the door open for tax adjustments based on provisions that have nevertheless...

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