Housebuilders

Advising on all elements of the acquisition of land and subsequent development for residential (or residential-led) purposes. This includes option agreements, unconditional and conditional contracts, promotion agreements, collaboration agreements, development agreements, and consortium agreements. In additional to immediate land acquisitions, we regularly act on longer-term strategic sites. We provide commercial advice on title defects, including proposing solutions to resolve issues and unlock sites for development.

We act for a large range of housebuilders (SME through to national) on a range of transactions – from a discreet acquisition of land for a few homes, to large-scale site assemblies involving a large number of landowners and promoters and even the creation of new towns.

We also deal with all ancillary aspects relating to the acquisition of land – including overages, deeds of easement, advice on covenants and tax advice.

Advising on all planning matters relating to housebuilder developments. This includes negotiating section 106 agreements (including any necessary variations), post-consent conditions and nomination agreements. This includes reviewing and advising on existing planning permissions and section 106 agreements where the land is being purchased with an extant permission.

We advise on all land, planning and environmental matters including providing bespoke advice on environmental strategies, strategic planning support, nutrient neutrality, biodiversity net gain, CIL and associated reliefs/exemptions, Compulsory Purchase, appeals and Judicial Review.

We also advise on all infrastructure agreements required for development sites, including utility easements, substation transfers and leases, adoption agreements and highways agreements (including section 278 and section 38 agreements).

Acting for developers obtaining funding for development sites, including debt, equity or alternative funding.

We also have considerable experience in dealing with portfolio refinancing, forward funding and forward purchase transactions and joint ventures.

Our specialist plot sales team are able to assist with all matters relating to the disposal of plots (including setting up management companies and assisting with service charge queries). Our plot sales team not only deal with transfers or leases to individual purchasers, but also bulk disposals to third parties.

We can also assist with all other disposals relating to development sites, including transfers to affordable housing providers, transfers of land pursuant to planning agreements, dedication of highways land, transferring common space to management companies/local authorities and transfers of undeveloped land to third parties.

Advising on every type of property-related dispute. This includes rights of light, building and fire safety, telecommunications, enforceability of covenants, misrepresentation, site clearance, contractual disputes and obtaining vacant possession.

We are experts in all forms of litigation whether that is court proceedings or mediation and can advise on all aspects of real estate and development litigation.

Our expertise is wide-ranging and includes contentious and non-contentious development work for housebuilders and funders and other entities involved in infrastructure, projects and renewables including professional appointments.

We support our clients to develop cradle to grave commercially driven strategies for successful project delivery.

Advising on all types of ancillary support matters including data protection agreements, build over agreements, oversail licences and scaffolding licences.

Providing support relating to asset management, commercial risk management, investment and funding (including grant funding), renewable energy (including retrofit solutions), health and safety, tax structures and employment matters.