01/10/2024
ELTIFs or “European long-term investment funds” are a variety of Alternative Investment Funds (AIFs), designed to raise capital for financing long-term projects, whose regime (…)
Lorenzo Balzano
Partner
Lorenzo is one of the founding partners of Kalliopé, where he co-manages the Real Estate – Construction – Urban Planning and Environment & industry teams. He is also part of the Energy and infrastructure and Compliance – CSR teams.
He has been a member of the Paris Bar since 2001 and has been accredited by the Royal Institution of Chartered Surveyors (RICS) in the “Environment” sector since 2010. He has more than 20 years of experience in real estate, construction and environmental law, and particularly masters the issues of private law involved in these matters.
He advises promoters, investors, project developers and manufacturers on all their real estate and construction issues, as well as on the environmental regulations applicable to their sector of activity and to their real estate assets and projects.
The complementary nature of his expertise enables him to offer effective solutions to his clients, taking into account every aspect of their particular situation.
Lorenzo is thus able to respond to the cross-cutting issues of his clients, both through advisory and litigation work.
Having been involved in numerous projects for renewable energy players, he has a strong expertise in this sector of activity, although the core of his activity is focused on real estate investments and development.
Expertises
Real Estate – Construction – Urban Planning
Environment and industry
Energy and infrastructure
Compliance – CSR
Legal experience
Real estate – Construction
- structuring, acquisition and management of real estate assets
- contracts for the marketing and sale of real estate assets
- real estate development and construction/restructuring operations
- rental relationships, particularly in the context of complex buildings or shopping centres
- restructuring of real estate complexes
- legal audits
- monitoring of complex real estate disputes (rental relations, acquisitions and disposals, construction, etc.)
- “greening” of real estate assets (labels and certifications, energy performance and environmental quality of buildings, tertiary decree, etc.)
Environment
- strategy for the rehabilitation of industrial sites, in relation with the public authorities and establishment of various consultations on the risks inherent in environmental constraints (compatibility with uses, establishment of public utility easements, third party applicant procedures, etc.)
- carrying out legal audits and negotiating environmental contractual clauses during restructuring operations, disposals or acquisitions or leases of real estate assets or companies, as well as industrial assets or activities
- defining pre-litigation and litigation strategies
- representation in the context of legal expertise and civil, administrative, commercial and criminal litigation in environmental law
Energy
- land aspects of renewable energy projects
- audit of wind farms on real estate issues
- drafting of lease promises and leases of various types and ancillary agreements (overhanging easement, reservation for the installation of a measuring mast, etc.) for the development of wind projects
- advice on the development of rooftop photovoltaic parks (integration with the building and overlaying) and on the ground for real estate issues
- drafting of various types of leases and promises to lease for the development of rooftop and ground-mounted photovoltaic parks (integrated into the building and overlaying)
Sector experience
- Real estate investment
- Real estate development
- Construction
- Renewable energies
- Hospitality
- Banking – insurance
- Waste and circular economy
- Chemicals and metallurgy
Membership bar
Paris
Languages
French, English
Professional background
- Since 2008 Partner, founder of Kalliopé, Paris
- 2001-2007 Lawyer, Real Estate, Lefèvre Pelletier & Associates, Paris
Academic background
- 2010 Accreditation by the Royal Institution of Chartered Surveyors (RICS) in the “Environment” sector
- 2010 Construction and Housing Institute (ICH), obtaining two modules “Building Estimation” and “Introduction to Building Technology”
- 2001 CAPA
- 2001-2002 Paris I Panthéon – Sorbonne University, Postgraduate Degree (DEA) in Environmental Law (as an auditor)
- 1998-1999 Paris II Panthéon – Assas University, Specialised graduate degree (DESS) in Property and Construction Law
Individual distinctions
- Lorenzo Balzano has been listed in The Best Lawyers in France™ since 2020 in Environmental Law and Construction Law.
- Lorenzo Balzano features in The Legal 500 EMEA 2024 rankings in Environment.
Memberships
- Member of the Royal Institution of Chartered Surveyors (MRICS)
- Member of Cercle 30
Commitment
With his experience as co-founder of Kalliopé, Lorenzo is committed to promoting a taste for entrepreneurship in schools and among students.
References
- Counsel to QUARTUS in the negotiation of a turnkey development contract for the heavy rehabilitation and extension of the Tour Altaïs in Montreuil for the development of a 37,000 m² area.
- Advising EDF RE on the acquisition of the portfolio of PV plants developed by GLHD with a total capacity of approximately 1000 MW: legal due diligence (permits, real estate, regulatory, labour and corporate law).
- Representation of a Danish renewable energy investment fund in several lawsuits against works operators and insurance companies related to disturbances affecting a portfolio of photovoltaic installations.
- Advising a leading French institutional investor as part of a co-investment project in a real estate investment company whose commercial purpose is the construction and subsequent marketing of a warehouse in Brive (corporate lease, off plan (BEFA), green timetable, turnkey construction contract (CPI).
- Counsel to a leading French institutional investor in connection with a co-investment project in a non-trading real estate company whose business purpose is the construction and subsequent marketing of an office building in Brest (business sale, off-plan (VEFA) and lease (BEFA, green annex).
- Representing a leading French institutional investor in a legal action brought by a former tenant in relation to the alleged breach of an amicable project agreement relating to the construction of a supermarket in the lower part of a residential building in Neuilly.
- Advising a French investment fund in (i) the completion of audits related to the acquisition of an office building in Montreuil, (ii) the negotiation of a turnkey construction contract and (iii) a sale in future state of completion relating to a new building to be built on site; advising on the monitoring of the acceptance/delivery operations of the building, assisting in the context of a pre-litigation with a lessor of the building and with an investor in future state of completion
- Advising a French investment fund in the performance of due diligence related to the acquisition of an office building in Ivry sur Seine, on behalf of a Qatari investment fund.
- Advising a French company operating in the chemicals sector in carrying out audits related to the planned acquisition of a portfolio of several assets (real estate and environmental issues).
- Advising an Italian energy operator in the negotiation of a settlement agreement in order to put an end to a dispute with the owner of a plot of land which was the subject of a long lease agreement with a view to the implementation of a wind farm project.
- Advising a Franco-German energy operator in the context of the development of a wind farm project: drafting of the lease promise model, legal analysis of the decision taken by the municipality, and assistance in the strategy to be adopted with the local public entities.
- Advising a French institutional investor in the analysis of the risks related to a delay in the delivery of an office building to be built and leased in Grenoble, as well as in the pre-litigation process with the real estate developer (Real estate development contract).
- Advising a French automotive distribution company in the acquisition of a warehouse building in the south of France and in the leasing process to an industrial operator (commercial lease).
- Advising a French investor in connection with the completion of audits related to the proposed acquisition of a building in Paris with a view to a major renovation for the opening of a hotel.
- Advising a French automotive distribution company in connection with the negotiation of a promise to sell a plot of land to a real estate developer with a view to the construction of a commercial building.
- Advising a French automotive distribution company in connection with the completion of a transaction to sell a plot of land with a grant for payment in a future state of completion.
- Advising a French public transport company in connection with the negotiation of a commercial lease for a bus storage centre for Grand Paris.
- Advising a Luxembourg investment fund in connection with the structuring of a professional OPCI (undertaking for collective real estate investment) dedicated to the leasing of office buildings located in Paris.
- Advising a French investment fund in connection with a renovation/construction operation linked to an innovative and qualitative concept of business centre and co-working space and its implementation with a view to the renovation of a prestigious office building located in Paris.
- Advising a French investment fund in connection with the negotiation and drafting of an architectural contract and an interior designer: review of urban planning and permit issues, completion of the preliminary judicial assessment (“preventive summary”), management of the relationship with neighbours, and implementation of pre-litigation measures in the event of a dispute with a works operator.
- Advising a French Real estate development company in connection with the drafting of a memorandum of understanding with a large French company relating to the launch of preliminary studies in respect of the planned construction, sale (VEFA) and leasing (BEFA) of an office building in Orléans.
- Representation of an investor in the context of a dispute relating to construction works carried out on behalf of a neighbour and affecting real estate assets belonging to the applicant.
- Advising a lessor and a French Real estate development company in the context of the completion and delivery to the lessor of an office building in Paris to be renovated under a Real estate development contract, as well as in the pre-litigation and litigation process with a company that has carried out part of the works.
- Advising a French company specialising in the data processing sector as part of the negotiation of an amicable agreement to proceed with the early termination of a lease for premises located near Paris.
- Assistance of a high-end catering operator in the negotiation of an off-plan lease relating to the opening of a prestigious establishment in Cannes.
- Advising a North American industrial company in connection with the real estate reorganisation of a site being sold to a buyer, in partnership with a leading US law firm.
- Advising a Franco-German metallurgy operator in connection with the closure and dismantling of a huge heavy industry factory in the north of France, previously operated by a French subsidiary of a German group (safety measures, investigations and remedial work, handling of administrative and real estate issues), in relation to environmental issues.
- Advising a Franco-German metallurgy operator during the project to sell an industrial site located in France affected by soil pollution (analysis of the possibility of transferring the responsibility for depollution works to a third party likely to acquire the site).
- Advising a Franco-German metallurgy operator during the implementation of a public utility easement relating to environmental monitoring measures of a former industrial factory in the east of France.
- Advising a French Real estate development company in anticipating the legal constraints likely to arise in the context of a construction project for a real estate programme to be built on a former industrial site near Paris, in the event of the occurrence of soil pollution.
- Advising a French investment fund in the analysis of the appropriateness of implementing a transfer decree (third-party applicant approval procedure) relating to measures for the treatment and monitoring of a former industrial facility.
- Advising a French Real estate development company in order to anticipate the legal constraints likely to occur in the context of the construction project of a real estate programme to be carried out on a former industrial site near Paris where former classified facilities had not been closed in accordance with the requirements of the ICPE regulations.
- Advising a leading French institutional investor in (i) the negotiation of the environmental provisions of a deed of sale relating to the acquisition of a huge plot of land for the operation of a prestigious office real estate development programme representing more than 40,000 m² in the vicinity of Paris and (ii) in the preparation and anticipation of the legal and technical constraints likely to arise in the context of the seller’s audit procedure relating to soil pollution in the context of the sale of the building to be erected
- Advising a leading French institutional investor in connection with the establishment of a public law easement (servitude d’utilité publique) relating to environmental monitoring measures for the former industrial plant that operated on the proposed site.
- Advising a US industrial company on legal risks related to the transfer of industrial waste to another EU country and responsibilities related to soil contamination of a waste treatment unit.
- Advising a US industrial company on risks and responsibilities related to soil contamination reported on a recently acquired industrial site.
- Advising a US industrial company on the state of activities of a former ICPE being operated and the need to make a declaration to the authorities in order to report changes in production and the closure of certain facilities.
- Advising an American industrial company when structuring the real estate and environmental aspects of acquiring an industrial activity from a large French industrial company.
- Advising a Franco-German energy operator when auditing two wind farm projects with a total capacity of more than 40 MW, in order to improve their bankability.
- Advising a French energy operator in connection with the legal audit carried out with a view to acquiring the portfolio of photovoltaic plants with a total capacity of approximately 200 MW.
- Counsel to a joint venture formed by two French institutional operators in a pre-litigation dispute with a major real estate developer relating to defects in the geothermal system of a new building in the South of France, resulting in water pollution (real estate and regulatory issues, including ICPE and Water Law).
- Advising a French-American energy operator on real estate issues encountered during the development of wind farm projects.
- Counsel to a non-profit association in the context of the restructuring of a building complex in Paris, dedicated to the care of children in difficulty: preventive injunction relating to the building site, management of relations with local residents, pre-litigation and judicial conciliation in the context of a disagreement with an architect, and urban planning issues.
- Advising a prestigious public institution in the management of contractual and pre-litigation issues with landlords and business operators relating to the conduct of a restructuring and rehabilitation operation prevented by the health constraints resulting from COVID-19.
- Advising a French Real estate development company in the negotiation of a delegated project management contract with a Middle Eastern project owner relating to a restructuring operation of a real estate complex for use as a high-end hotel in the Paris central business district.
- Counsel to a French investment fund in connection with investigations relating to the acquisition of a real estate complex located in the Provence-Alpes-Côte d’Azur region, which is to be restructured for the creation of a business centre and a coworking space (rental and land audit, urban planning issues).
- Counsel to a real estate company and assistance in determining the legal strategy and pre-litigation measures relating to the acquisition of a commercial gallery located in the inner suburbs of Paris.
- Advising a luxury restaurant operator in the negotiation of a BEFA and a management lease relating to the opening of prestigious establishments on the French Riviera.
- Counsel to a development company in the conduct of a legal action, following judicial expertise, against a project owner, concerning construction overcosts and the determination of accounts between the parties.
- Advising a real estate operator in the drafting and negotiation of a project management assistance contract relating to the urban planning and development of a real estate complex in the Île de France region, with a view to the construction of a real estate complex for logistics purposes.
- Counsel to a French real estate development company in the preparation of a partnership and a delegated project management contract relating to the construction of a real estate complex for laboratories and offices in the Île de France region.
- Counsel to a French real estate development company in connection with the drafting of a real estate development contract (CPI) relating to the restructuring of an office building in the Hauts de Seine.
Academic/press publications
- Co-author, “Precautionary principle: a questionable application in the case of mobile telephone relay antennas”, Environment & Technique, p 77 et seq., December 2008.
- Co-author, “Classified installations and works for which the lessor is responsible”, Legal and financial decision-makers no. 36, p. 64 et seq.
- Co-author, “The contributions of the “ALUR” law in the field of polluted sites and soils”: RDI 2014, p. 437.