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Viability and enabling development
With the UK set for another year of economic uncertainty in 2012, developers and landowners will again be looking for alternative ways to make development viable.
Date: 2012-02-08

Village green time limits
A recent Court of Appeal case – Leeds Group plc v Leeds City Council – highlights the need for landowners to be extra vigilant where unauthorised third party recreational use of their land is concerned.
Date: 2012-02-03

Lease regearing
Against an uncertain economic backdrop, ‘regearing’ a lease offers a potentially win-win opportunity for a landlord and a tenant to restructure the lease arrangement.
Date: 2012-01-26

Without prejudice material in adjudication: Apparent bias
The Technology and Construction Court has reiterated the consequences of parties including 'without prejudice' letters in adjudication proceedings - which may even lead to unenforceable decisions.
Date: 2012-01-20

Environmental issues for real estate in 2012
Environmental issues continue to move up the political agenda and there is no let up expected in 2012, with several key environmental developments anticipated.
Date: 2012-01-19

Fixed price contracts and unknown development costs
Having to agree a fixed price for land in a contract when there are a number of unknown factors that affect value is a challenge for developers.
Date: 2012-01-19

Copyright in construction projects
During the course of a construction project, contractors and consultants produce material that will be subject to copyright - documents, photographs, drawings, plans and models.
Date: 2012-01-19

Change of law on squatters
The Government has bowed to pressure to make squatting at residential premises a criminal offence.
Date: 2012-01-04

Renewable Heat Incentive
The Renewable Heat Incentive (RHI) provides a financial incentive to install renewable heating systems instead of those using fossil fuels.
Date: 2011-12-16

Purchasers and the Crichel Down Rules
The Crichel Down Rules govern the sale of surplus government land which has been acquired through, or under the threat of, compulsory purchase powers.
Date: 2011-12-09

Management of shared ownership lease repossessions and buy-backs/making shared ownership repossession work
Shared ownership leases occupy a special status with lenders.
Date: 2011-12-09

The Green Deal
The Green Deal provides a mechanism to help fund energy efficient refits of properties and is due to be available from autumn 2012. It is designed to improve the energy efficiency of buildings and reduce carbon emissions.
Date: 2011-12-07

Swift result for noting a charge at the Land Registry
The recent case of Swift 1st Limited v Colin [2011] has clarified the position for lenders whose legal charges have not been substantively registered at the Land Registry.
Date: 2011-12-06

Localism Act 2011
The Localism Act 2011 received Royal Assent on 15 November 2011, with the Government hopeful that the majority of its provisions will be in force by April 2012.
Date: 2011-11-29

Revised asbestos guidelines and professional negligence claims
Against a backdrop of a successful prosecution of Marks & Spencer, which suffered fines totalling £1m for two health and safety offences regarding asbestos removal, we look at the impact of revised HSE guidance on asbestos surveys.
Date: 2011-11-02

Service charges: Achieving a fair balance
In the current economic climate, active portfolio management has become a priority for landlords and tenants, with both working the property asset as hard as possible to achieve the best returns.
Date: 2011-11-02

Unilateral notice: Ignore it at your peril
If you receive notification from the Land Registry (LR) that someone has registered a unilateral notice against your property, don't ignore it!
Date: 2011-10-26

Shoosmiths real estate team quick to hit double figures
Shoosmiths' real estate team in Manchester has reached double figures just six months after launching in the city.
Date: 2011-10-24

New banking partner signals regional and national growth
A new banking partner at Shoosmiths' Manchester office marks both regional and national growth.
Date: 2011-10-06

Defective premises and developers' liability
A recent case casts doubt on the current test for liability under the Defective Premises Act 1972. This could have far reaching consequences for developers in the future.
Date: 2011-09-19

National Policy Planning Framework: Published in draft
The draft National Planning Policy Framework (NPPF) was published on 25 July 2011, accompanied by a consultation stage impact assessment and a consultation paper.
Date: 2011-09-14

Guarantees and AGAs: Some clarity at last?
In Victoria Street v House of Fraser and others, the Court of Appeal has offered welcome guidance on lease guarantees.
Date: 2011-09-02

Sewers and lateral drains: The future
Sewers and lateral drains on developments that were connected to the public network by 1 July 2011 will automatically be adopted on 1 October 2011 even though there may be no adoption agreement in place.
Date: 2011-09-01

Bribery Act: Compliance for developers
New legislation, described as the toughest anti-corruption measures in the world, came into force on 1 July.
Date: 2011-08-25

Shoosmiths partner on Estates Gazette forum panel
A Shoosmiths real estate specialist is to sit on a panel at an Estates Gazette forum on distressed property.
Date: 2011-08-25

HSE construction division: plan of works announced
The HSE construction division has announced that smaller construction sites will be the primary focus for HSE site visits over the next 12 months.
Date: 2011-08-24

Government publishes proposals to simplify carbon reduction commitment scheme
On 30 June the Department of Energy and Climate Change outlined the main changes it proposes to make to the CRC Energy Efficiency Scheme, inviting comments by 2 September 2011.
Date: 2011-07-26

Changes to the Construction Act - implications for construction contracts
On 1 October 2011 changes to the Housing Grants, Construction and Regeneration Act 1996 will come into force. The changes will apply to any construction contract entered into on or after that date.
Date: 2011-07-26

Returning partner strengthens residential development offering
Shoosmiths' residential development team has been strengthened with the appointment of partner Gavin Le Chat.
Date: 2011-07-25

Private sewers transfer to water companies on 1 October 2011
On 1 October 2011 all private sewers and lateral drains in existence on 1 July 2011 that drain to the public network will transfer to the ownership of the water and sewerage companies.
Date: 2011-07-15

Break clause conditions: Vacant possession
If in doubt, get out... and quick!
Date: 2011-07-01

Shoosmiths is first top 30 law firm to join Institute of Customer Service
Shoosmiths has become the first top 30 law firm to join the Institute of Customer Service.
Date: 2011-06-29

Removing restrictive covenants: Why conduct matters
A recent case highlights the importance of resolving restrictive covenant issues before proceeding with development.
Date: 2011-06-17

Residential property: Recent developments in Stamp Duty Land Tax
The May Stamp Taxes Bulletin contains some useful guidance on HMRC's view on the application of the new 5% stamp duty land tax (SDLT) rate, where the chargeable consideration for the acquisition of residential property is more than £1million.
Date: 2011-06-14

Will shared equity be more common on new build sales?
The lack of mortgage finance for first-time buyers has hit the house building industry hard.
Date: 2011-06-07

Service charge bill? Check your outgoings
In the current financial climate landlords and tenants need to pay greater attention to service charge costs.
Date: 2011-05-31

Railway land: Complications in development
The development of land close to or forming part of former railway land entails inevitable complications. These might appear daunting, but they are not a reason to avoid those sites.
Date: 2011-05-26

Vacant possession: What is it?
The fact that a property is marketed with ‘vacant possession’ has a fundamental impact on a buyer’s decision to make an offer for that property.
Date: 2011-05-10

Shoosmiths helps save Oddbins jobs
Shoosmiths has helped save more than 200 jobs after advising a client on the purchase of 37 Oddbins stores.
Date: 2011-04-28

Budget 2011: Changes to planning
Chancellor George Osborne has described the current planning system as a 'chronic obstacle to growth'. The recent Budget sets out some significant and ambitious proposals for reform which seek to facilitate sustainable development and economic growth.
Date: 2011-04-15

Covering the essentials
Property insurance can be a headache for developers. If the cover is wrong, it can cause delays on plot sales and potential cost and embarrassment if a claim arises.
Date: 2011-04-12

Electronic Communications Code: a troubled connection
In its attempts to ‘bridge the digital divide’, the Government is prioritising plans for superfast broadband and telecommunication services.
Date: 2011-04-08

Consent for demolition works
The recent decision by the Court of Appeal in R (on the application of Save Britain’s Heritage) v the Secretary of State for Communities and Local Government (2011) means major changes to procedures developers must follow for consent for demolition works.
Date: 2011-04-08

Wayleaves
The supply and placement of utilities is a crucial part of any successful development. It is vital to the build programme and, ultimately, to the occupation of the units.
Date: 2011-03-03

Sewers and lateral drains: adoption changes
On 1 October 2011 the biggest change in responsibility for sewerage services in England and Wales since 1937 is due to take place.
Date: 2011-03-03

Revised service charge code
A revised RICS service charge code for commercial leases is due to come into effect in October 2011.
Date: 2011-02-09

Private sewers transfer to water companies
On 1 October 2011 all private sewers and lateral drains in existence on 1 April 2011 that drain to the public network are due to transfer to the ownership of the water and sewerage companies.
Date: 2011-01-27

Adverse possession
Owners of land should be alert to the risk that title could be lost to a squatter.
Date: 2011-01-27

Shoosmiths makes five-strong Galliford Try panel
Shoosmiths has been appointed to two legal panels at Galliford Try, one of the UK's leading construction and home building groups.
Date: 2010-12-15

Mines and minerals: Should I get a policy to cover this?
If the title to a development site excludes the mines and minerals under the land, a developer should seriously consider taking out insurance against the risk of the minerals' owner threatening action for trespass.
Date: 2010-11-30

SDLT rise gives property developers a headache
The rate of stamp duty land tax (SDLT) for residential property transactions having an effective date on or after 6 April 2011 and a value of more than £1m will rise to 5%, while the rate for equivalent commercial property remains at 4%.
Date: 2010-11-23

Student accommodation and Capital Allowances
On 22 October HMRC revised its guidance on what it considers is meant by the term "dwelling house" in relation to the Capital Allowances legislation. This will potentially have far reaching effects on developers of student accommodation.
Date: 2010-11-17

Abolition of regional strategies unlawful - but is it a Pyrrhic victory?
The High Court has decided that the Secretary of State for Communities and Local Government (CLG) acted unlawfully in abolishing Regional Spatial Strategies (RSS) in July this year.
Date: 2010-11-11

Carbon Reduction Commitment: Recycling, Registration and Recovery
A short paragraph in the Government's recent Comprehensive Spending Review means the Carbon Reduction Energy Efficiency Scheme (CRC) now looks more like a tax.
Date: 2010-11-05

Equality Act 2010: Property considerations
The Equality Act 2010 has streamlined existing discrimination legislation and extended its scope.
Date: 2010-10-22

Yet more cold air...
Rules aimed at improving the energy efficiency of air conditioning systems will be extended with effect from 4 January 2011.
Date: 2010-10-21

Plans: A reminder of Land Registry requirements
The Land Registry has a robust interpretation of its requirements for plans.
Date: 2010-10-13

Carbon Reduction Scheme: 30 September deadline
The deadline for participants to register with this new scheme is 30 September 2010 and yet only 2600 have registered to date out of a predicted 5000. Late registration risks a hefty fine.
Date: 2010-10-01

Developing safely: know your construction regulations
In July 2010 the British Property Federation and the Construction Clients' Group reported that two thirds of companies commissioning construction services have no knowledge whatsoever of the Construction (Design & Management) Regulations.
Date: 2010-09-02

A bit of a pickle?
When Secretary of State for Communities and Local Government Eric Pickles told council leaders in May of his intention to abolish Regional Spatial Strategies (RSS), it came as little surprise to the development industry or local planning authorities.
Date: 2010-09-01

Legislation hat-trick hits home builders
In an industry struggling to haul itself out of the worst property recession in post war history, it may come as a surprise to some home builders that they have been hit by a triple whammy of customer service regulation over the last 18 months.
Date: 2010-08-26

Good news and bad news for FHL property businesses
There is good and bad news for operators of furnished holiday lettings (FHL) property businesses in the Government's recently published proposed changes to the special FHL tax rules.
Date: 2010-08-16

Short term occupation with long term consequences
Landlords and tenants often require flexible occupation arrangements. Though there are various ways of achieving this, the basis of occupation must be made clear. Otherwise, short term occupation can have potentially expensive, longer term consequences.
Date: 2010-07-26

Town or village green risk for developers
Developers must take seriously the risk to development proposals for open land wherever the land has been used for dog walking, jogging or other sports and pastimes in the recent past.
Date: 2010-07-19

Emergency Budget 2010: Summary
The Chancellor delivered the 2010 Emergency Budget on 22 June. Here are the main tax points of interest.
Date: 2010-06-23

Terminal dilapidations: Valuing the reversion
Damages for breach of a tenant’s obligation to repair a property cannot exceed the amount (if any) by which the value of the landlord’s reversionary interest is diminished by the breach.
Date: 2010-06-16

Spotlight on SDLT sub-sales
HM Revenue & Customs (HMRC) has added certain stamp duty land tax (SDLT) sub-sale schemes to the list of transactions it sees as ineffective due to tax avoidance motives.
Date: 2010-06-15

Can Guarantors reap a Good Harvest?
The recent Good Harvest Partnership LLP v Centaur Services Limited case could be welcome news for guarantors of former tenants, forced to pay out under a guarantee they have given in an Authorised Guarantee Agreement (AGA).
Date: 2010-06-01

Shoosmiths rises to university challenge
Shoosmiths has been appointed to the recently formed Nottingham Trent University and University of Nottingham legal panels.
Date: 2010-05-26

Shoosmiths wins West Mercia work
Shoosmiths has been appointed a full service legal provider to one of the Midlands’ largest social landlords.
Date: 2010-05-24

Residential services contracts: Consult with tenants?
The recession has meant developments take longer to sell. Developers have to manage schemes for longer before selling their interest, often without detailed knowledge of the statutory controls that affect residential tenancies.
Date: 2010-05-17

Time periods for legal challenge
If the purchase of land is dependent upon the grant of planning permission then invariably the contract or exercise of an option will be conditional upon planning permission being granted for specific development.
Date: 2010-05-06

The Defective Premises Act
It has been nearly 40 years since the Defective Premises Act 1972 (DPA) came into force, and its continued relevance is clear from its recent time in the spotlight in the Court of Appeal.
Date: 2010-04-27

Builders beware! Loss liability from defects can arise in tort years after completion
The case of J A Robinson v PE Jones (Contractors) Ltd confirms that builders can owe duties of care not to cause financial loss, both in contract and in tort.
Date: 2010-04-27

Right to manage
A landlord of a residential apartment building should know that its tenants could elect to manage the building for themselves.
Date: 2010-04-27

Tax reliefs: There may be more than you think
There are a number of lesser known tax reliefs which can provide businesses with valuable savings. We consider some of them below.
Date: 2010-04-27

Annoyance covenant protects a river view
Developers will need to consider whether adjoining land owners have the benefit of a 'nuisance or annoyance' covenant which could prevent or restrict development, following a recent decision by the Court of Appeal.
Date: 2010-04-27

Contract in haste, repent at leisure
When you enter into construction contracts do you stop and think about the scenarios to cover so you are protected later on, when relations have cooled?
Date: 2010-04-26

Online CRC Registry open for business – meet the deadlines or risk fines
The introductory phase of the Carbon Reduction Energy Efficiency Scheme is underway. Deadlines must be met or hefty fines will be imposed.
Date: 2010-04-20

New PPS4: Planning for Sustainable Economic Growth
At the end of 2009 the Government issued Planning Policy Statement 4 (PPS4), bringing together all key national planning policies for England relating to economic development - this includes most forms of development other than housing.
Date: 2010-03-24

Personal break rights: Can they be revived?
The recent case of Norwich Union Life and Pensions v Linpac Mouldings Limited (2009) tested a potential loophole in commercial lease drafting relating to the early termination of a lease
Date: 2010-03-23

Land agreements to be subject to UK competition law
From 6 April 2011 the property industry will have to 'self assess' land agreements to ensure they comply with competition law.
Date: 2010-03-22

Code aims to ensure buyers are treated fairly
A new Consumer Code for Home Builders comes into force and applies to new reservations from 1st April 2010.
Date: 2010-03-15

Beware public law arguments in anti-social behaviour possession proceedings
Local authorities have for some time been aware that public law arguments historically dealt with by the Administrative Court, can now be raised as defences in the County Court.
Date: 2010-03-09

Head of planning has voice in UK-wide debate
The head of Shoosmiths' planning law group is among the leading voices in a UK-wide debate on the future of planning and development.
Date: 2010-03-03

Shoosmiths to provide English Heritage legal advice
Shoosmiths is to provide full service legal advice to English Heritage.
Date: 2010-02-26

Changes to shared ownership leases
The Homes Community Agency (HCA) has created a new suite of model shared ownership leases designed to create more certainty for lenders and more clarity for purchasers of New Build HomeBuy properties.
Date: 2010-02-18

The new CIL Regulations: The end of the beginning or the beginning of the end?
Following public consultation in 2009, the Community Infrastructure Levy (CIL) Regulations were put before Parliament on 10 February. Subject to House of Commons approval, they will come into force on 6 April 2010.
Date: 2010-02-17

Getting service charge proportions right
When a residential development scheme is set up, input from the developers and prospective managing agents is essential so that service charge proportions are calculated fairly and set at the correct level.
Date: 2010-02-03

Take a break, but beware the pitfalls
A break option allows a tenant to terminate its lease early - a valuable right in uncertain times.
Date: 2009-10-28

Community Infrastructure Levy: Update
The latest consultation paper with draft regulations on the community infrastructure levy (CIL) puts flesh on the bones of this new charge on development.
Date: 2009-10-28

Shoosmiths secures commercial property advisory role
Commercial property specialists from the Thames Valley office of national law firm Shoosmiths have been selected by McKay Securities PLC to become their principal real estate legal adviser.
Date: 2009-10-08

Hot fine after Shell breaches fire safety regulations
A huge fine imposed on Shell emphasises the importance to all businesses - large and small - of carrying out the steps identified in a fire risk assessment and regularly reviewing that assessment.
Date: 2009-08-12

Consider alternatives to protect property interests, lenders urged
Lenders who take legal charges over real property usually require their interest to be 'noted' on the insurance policy covering the property.
Date: 2009-07-28

Safeguarding development projects in a post-crunch economy
Shoosmiths, Allsop LLP and Barton Willmore have co-hosted a breakfast briefing aimed at developers and investors, examining ways to preserve development projects in a post-crunch economy.
Date: 2009-07-01

Caution urged ahead of guidance on EU procurement ruling
Planning and procurement specialists at national law firm Shoosmiths have urged caution ahead of government guidelines aimed at clarifying European law on development scheme procurement.
Date: 2009-06-12

Shoosmiths backs Regus’ Get Started initiative with free legal helpline
National law firm Shoosmiths has helped Regus – the leading global provider of innovative workspace solutions – set up a free legal helpline service for its customers, including those on its Get Started programme.
Date: 2009-06-12

Shoosmiths helps pave way for regeneration scheme
Shoosmiths property specialists have helped pave the way for a major town centre regeneration project.
Date: 2009-04-02

Project bank accounts afford protection from recession
Developers and contractors feeling threatened by the recession should seek innovative ways to protect themselves.
Date: 2009-04-01

Flexible Section 106 Agreements for Registered Providers
What can a Registered Provider (RP) do when faced with a completed Section 106 Agreement containing obligations or terms, but which it is unhappy with?
Date: 2009-03-09

Shoosmiths secures homes permission for landowner client
Shoosmiths' planning team has helped secure permission on appeal for a mixed use development of more than 1,000 homes, retail facilities and new community facilities, in Derbyshire.
Date: 2009-02-19

Turbulent times bring landlords' remedies to the fore
In these turbulent economic times the remedies available to a landlord against a defaulting tenant are once again in the spotlight.
Date: 2008-11-14

HMRC confirms letting strategy is not abusive
Many house builders are finding they are unable to sell new dwellings in the current downturn, leaving them a stark choice.
Date: 2008-11-03

Change home ownership to help next generation
Householders are being urged to change the way they own their homes if they are to provide for their children.
Date: 2008-10-08

Adjudicators must give both sides a fair hearing
Less than 1% of adjudication decisions are not enforced by the Court. Recently the Court was asked to consider a new argument based on breach of natural justice, associated with the strict timetable required in adjudications.
Date: 2008-10-08

VAT update: house builders letting property
A new Information Sheet published by HMRC on 15 September 2008 contains a helpful relaxation in the way the clawback operates where a house builder temporarily lets dwellings before selling them.
Date: 2008-09-16

JCT Framework Agreement 2007 - 2 years worth of progress?
The JCT Framework Agreement, first published in 2005 in its binding and non-binding form was disappointing; has the introduction of the 2007 form addressed the concerns the initial form raised to make the new form worth using?
Date: 2008-09-09

Stamp Duty suspension welcomed for residential property to £175,000
Shoosmiths partner and head of direct conveyancing David Parton says suspending Stamp Duty on homes up to £175,000 will be welcomed by home buyers.
Date: 2008-09-02

Mediation - being unreasonable and maintaining privilege
Mediation has been triumphed as the way forward but what about when it fails? Do the costs consequences mean you should always take part even if you fail to actively participate and are the costs of mediation itself recoverable?
Date: 2008-08-08

Draft Construction Contracts Bill - how will the changes affect you?
The proposed amendments to the Act have now been issued by DBERR. They are due to progress through parliament this session, but the key question is are they as anticipated and do they cover the recommendations made for change?
Date: 2008-08-01

Further concern for landlords after spate of boiler explosions
A new Safety Alert concerning solid fuel back boilers has been issued by the Health and Safety Executive after a spate of explosions, one of which led to a fatality.
Date: 2008-07-28

Residential property review heralds market reforms
The residential property market is making headline news and is under scrutiny. The recent report of the Carsberg Review of Residential Property made a number of recommendations which add to the issues under debate.
Date: 2008-07-25

Consumer Credit Act pitfall for shared equity schemes
The slow-down in the housing market is prompting developers to look for more innovative ways to encourage sales of residential properties.
Date: 2008-07-24

Beware of limitation clauses
The facts of the case below are a sobering example of how important it is to carefully check the terms and conditions when appointing a contractor or consultant.
Date: 2008-07-24

Constructing Excellence - Does the JCT contract "tick the boxes"?
The JCT Constructing Excellence Contract 2006 is seen as a radical departure from the JCT's more "traditional" building contracts. However, will it be used used by developers in the private and public sectors?
Date: 2008-07-24

Shoosmiths raises a glass to pubco win
Shoosmiths is to handle all leasing work for Marston’s Pub Company after winning a competitive pitch against several rival law firms.
Date: 2008-04-01

Proposed new tax on high-value residential property transactions
On 17 December 2007 the government issued a consultation document on transfers of “high-value” (£1 million or more) residential property using special purpose vehicles (“SPVs”).
Date: 2008-03-27

Executing documents - removing red tape
With effect from 6th April 2008, a company will be able to execute deeds and documents with the signature of only one director, attested by a witness.
Date: 2008-03-25

Green leases
It is clear that reducing the environmental impact of property is key to the Government’s drive to cut the UK’s carbon emissions. Energy performance certificates will be introduced across the commercial property sector to promote behaviour change.
Date: 2008-03-25

Reform of empty rates relief
From 1 April 2008 full rates will be payable in England and Wales on empty business premises once initial exemption periods have expired.
Date: 2008-03-20

Controlling property costs
Occupying commercial premises is a necessary evil for most retailers but there are some tactics which, if deployed, could add up to some substantial cost savings.
Date: 2008-03-19

Shoosmiths plots course through complex site purchase
Property specialists at national law firm Shoosmiths have completed a major acquisition for niche housebuilder Palace Homes.
Date: 2008-03-18

Shoosmiths seven secure Switchback for client
A seven-strong team of Shoosmiths lawyers has helped secure a £9m office space deal for a leading South East investment client.
Date: 2008-03-18

Using third party rights
The construction industry has long used collateral warranties to give contractual rights to third parties who have an interest in the development. The Contracts (Rights of Third Parties) Act 1999 offers an alternative means of providing those rights.
Date: 2008-02-28

Shoosmiths’ biggest, strongest team will jet to Cannes
National law firm Shoosmiths is preparing to send its biggest and strongest team of lawyers to the annual gathering of the property world’s movers and shakers, in Cannes.
Date: 2008-02-20

Residential landlords alert after scalded baby death inquest
Shoosmiths is urging residential landlords to heed warnings about the dangers of hot water systems after an inquest into the death of a severely scalded 10-month-old baby said the tragedy could have been avoided.
Date: 2008-02-06

Shoosmiths wins Moto commercial and property work
Following a panel review, motorway services operator Moto has appointed national firm Shoosmiths to its panel of advisors handling commercial contracts and property work.
Date: 2007-11-05

Community Infrastructure Levy could be short-lived
The head of planning at national law firm Shoosmiths believes the Government’s long-awaited Community Infrastructure Levy (CIL) Regulations could prove short-lived.
Date:

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Sean Burke

Partner
T: 03700 86 5030
I: +44 (0)115 906 5030
E: sean.burke@shoosmiths.co.uk