Land Development Solicitors

Whilst there is no legal requirement, and you can in theory choose to represent yourself, it is strongly recommended that you use a property lawyer or licensed conveyancer with specialist land development knowledge. There are many hidden legal issues you could be unaware of with long and complex processes that you should take seriously. Using a land development lawyer will give you peace of mind that you are buying the right plot, that it is fit for purpose, and that all of the appropriate surveys have been completed. You may also require several legal documents that need careful consideration.

A Collateral Warranty (in the context of a development project) is used to establish a contractual relationship between a service provider (such as an architect or building contractor) and a third party (such as the landowner or developer). Collateral Warranties are used for several reasons, but their main purpose is to create a direct contractual link between a service provider and third party where such a relationship does not already exist. This ensures that the third party is afforded the right to sue the service provider for breach of contract where something goes wrong.

A conditional sale contract is a form of agreement where the sale or purchase of land or property depends on something happening before the transaction can proceed to completion. When a contract of this nature is in place, both sides are bound to one or more conditions being met. Typically, the most common conditions include obtaining a grant of planning permission, grant of access rights, survey results, search, or ground reports, and vacant possession. Our expert lawyers have particular knowledge and experience in advising on subject to planning option agreements, pre-emption rights and conditional contracts.

Planning obligations, under Section 106 of the Town and Country Planning Act 1990 (as amended), typically known as a section 106 agreement or s106 agreement, are in simple terms a contract between a developer and a local planning authority. A Section 106 agreement will contain obligations the developer must take to reduce their impact on the community in return for planning permission being granted, where otherwise development would not be possible. If you require assistance with a Section 106 agreement, our experienced land development lawyers can help.

To buy land owned by a local authority or Government owned land, you can search for available plots on the Government portal. Certain conditions on the purchase may be required, and, in some cases, you can contest the current use of an area even if it is not for sale.

The requirement of a Non-Disclosure Agreement (NDA) (sometimes called a confidentiality agreement) is not a legal obligation. Still, if a seller or purchaser wishes to keep some aspects of the transaction private, it can protect certain details of the property or land being sold. NDAs define what information is considered confidential and the obligations of the recipient of that information. Non-Disclosure of information will include specific important exclusions, such as disclosure of information to consultants, surveyors, or lawyers that will be required to assist with the purchase or development project. If you need assistance with drafting or reviewing an NDA, our experienced land development lawyers can help.

Typically, it will be up to a local planning authority to decide whether to allow a particular development on agricultural land. However, certain types of development benefit from pre-approved government planning permissions, known as permitted development rights (PDRs), which include the conversion of existing agricultural buildings. It is always recommended to seek appropriate legal advice to ensure you fully understand the different rights associated with the land or property you wish to develop, and any limitations or planning permissions required. Our experienced property team can assist on a wide range of land development matters, including planning permissions for farms and agricultural land development.