Sports real estate lawyer
Building, leasing and running sports facilities
A sports hall, a stadium or an artificial turf pitch is a real estate file and a sports file at the same time. The land usually belongs to a city or a municipality, the operation sits with a club or a non-profit, and the funding comes from several parties. Planning law, contract law and public procurement law all apply at once. Anyone who looks only at the permit misses the concession underneath it.
We act for clubs, federations, cities, municipalities, developers and event organisers, from the first design study to the appeal before the Council for Permit Disputes. Everest has offices in Ghent, Brussels, Antwerp and Hasselt and works in all three Belgian Regions, each with its own planning and environmental rules. We also handle international files: foreign investors in Belgian sports property, UEFA and FIFA stadium requirements, and cross-border construction and financing contracts.
What a sports real estate lawyer does
From the first design study to the daily management of a running concession.
Environmental permits
We draft the application, guide the public inquiry and lodge appeals with the provincial deputation or the Flemish Government. We prepare the environmental impact screening, follow up the advice of the fire service and the mobility departments, and defend the permit before the Council for Permit Disputes.
Noise and environmental limits
Vlarem noise limits for matches, events and padel courts, light nuisance from floodlights, and parking pressure in the neighbourhood. We anticipate complaints from residents and enforcement by the environmental inspectorate, and negotiate operating conditions that a club can actually meet.
Concessions with public authorities
We negotiate and review concession agreements, domain permits and leases for municipal sports sites. We check the term, the compensation for investments at the end, the maintenance duties, the exclusivity, and the state aid and competition rules that apply to them.
Long lease and building rights
Rights in rem let a club build on land owned by someone else. We draft emphyteusis and superficies deeds, settle accession, the indemnity for the buildings at the end of the term, and the security that the financing bank requires.
Public-private partnerships
DBFM structures, public procurement procedures and the allocation of construction, operating and availability risk. We advise both the authority that tenders and the private partner that bids, and we keep the contract financeable for the lenders behind it.
Purchase, sale and lease
Due diligence on sports sites, sale agreements, soil certificates and obligations towards OVAM, and the lease or sublease of halls and pitches. We also arrange the takeover of a running operation, together with its staff and its existing permits.
How a file runs
Who decides
The permit comes from the municipal executive, and on appeal from the provincial deputation or the Flemish Government. The Council for Permit Disputes then rules on legality. Disputes about construction and concessions go to the enterprise court or to arbitration.
Deadlines
An appeal to the provincial deputation must be lodged within thirty days of the decision. Before the Council for Permit Disputes the term is forty-five days. These are strict time limits, so late is permanently late. Ask for advice as soon as the decision arrives.
What to do first
Collect the complete file: the application, every advice, the record of the public inquiry, the decision and its notification. Send us the concession agreement or the long lease deed as well. We then assess your chances of success soberly.
Frequently asked questions
Within what period can I appeal an environmental permit?
An appeal to the provincial deputation must be lodged within thirty days of the decision. Before the Council for Permit Disputes the term is forty-five days. These are strict time limits, so late is permanently late. Ask for advice as soon as the decision arrives.
What do neighbours usually challenge a sports site on?
Lighting, noise and traffic. Those are the three points on which a permit is challenged. Have them examined in advance and write the measures into the application itself. An objection that only surfaces during the procedure costs months.
Our club plays on land owned by the municipality. What do I watch in the concession?
Three points: what happens to the buildings at the end of the term, who carries the major repairs, and whether the agreement can be transferred on a merger. Those three together decide the value of your investment. Check the term, the maintenance duties, and the state aid and competition rules as well.
May we build on land we do not own?
Yes, through a real right. A long lease or a right of superficies lets a club build on somebody else’s land. The deed settles accession, the compensation for the buildings at the end of the right, and the security the bank requires to finance the project.
Several clubs use the same facility. What do we put in writing?
Who has use when, who carries the damage and who watches over safety. Put that in a written use agreement. It keeps an incident from turning into an argument about who was responsible.