Property Development Solicitors
The Commercial Property team at Eric Robinson Solicitors is experienced in acting for both landowners and developers in connection with potential sales or purchases of land or property for residential or commercial development and use.
Real estate is never simple and commercial property development can be an extremely complex process. There are several challenges that property developers and house builders commonly face including:
- Site acquisition
- Site assembly
- Planning agreements
- Planning applications
- Funding agreements
- Real estate finance
- Construction contracts
- Construction documentation
- Planning permission
- Promotion agreements
- Site disposals
- Section 106 Agreements
What can our property development solicitors do for you?
Real estate can be complicated at the best of times. It important to have a law firm on your side to manage your development projects and offer expert advice and solutions across the process.
The Commercial Property Solicitors at Eric Robinson is fully authorised and regulated by the Solicitors Regulation Authority and is experienced in acting for both landowners and developers in connection with potential sales or purchases of real estate for residential or commercial development and use. Whether you are an experienced house builder or new to property development, we offer all of our clients support and legal advice they can count on, providing a wide range of services.
Our expert lawyers have particular knowledge and experience in advising on subject to planning option agreements, pre-emption rights and conditional contracts. The team can partner with ventures on everything ranging from relatively small pieces of land, such as part of a garden, through to large multi-acre sites.
We have a common sense approach and can provide practical and commercial advice when negotiating such deals. Our expertise enables businesses to simplify the complexities often involved with such agreements, whilst ensuring that your position is protected and that you achieve the best possible outcome.
If you are a house builder we can assist you
We regularly partner with housing providers involved in the provision of new housing stock. Our service also extends to cases dealing with aspects of tax advice and resolving issues with funding arrangements. If you or your business are seeking advice in relation to any of the areas and services we cover, please don’t hesitate to get in touch. We have six offices located throughout the Hampshire, Surrey and London region.
Do I need a property lawyer when buying or Selling land to develop on?
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 licenced 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.
What is a Collateral Warranty?
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.
What is a conditional Sale Contract?
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.
What is a section 106 agreement?
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.
Can I buy Government land for development?
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.
Do I need a Non-Disclosure Agreement?
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.
What is permitted development on agricultural land?
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.
How can I value my development land?
The value of your land will depend on several factors, which includes the development permissions associated with it, selling it without any planning permission, selling it on a “subject to planning” basis, or selling it with planning permission. You can have your land valued much like how you would value property by asking specific estate agents, surveyors or auctioneers for valuations and comparing your land to similar plots on sales and auction websites. Before you sell your land, you should seek specialist legal and tax advice from the outset to ensure your legal rights are protected, that you have valued your land correctly, and you are meeting any obligations surrounding the land sale.
How much does a solicitor charge for registering your land with The Land Registry?
The Land Registry charges a fee for the registration of the title to your property and the amount of the fee is determined by a prescribed fee scale. The fee is payable to the Land Registry and is same for everyone, irrespective of which conveyancer or property lawyer you use. You can see the current fee scale here:
You can instruct a property lawyer to assist you with the registration of your land to ensure it is registered correctly. To find out about our fees or how we can assist with land registration, or the sale or purchase of development land please contact our team on 02380 218 000.
How long does it take to get planning permission for commercial land development?
When you make a planning application, you will be advised that a decision will usually be made within eight weeks of the application being formally received by the local planning authority. However it may take considerably longer. Commercial property planning permission is a particularly complex area of property law. Our specialist commercial property team can help property developers, landowners, and private individuals at any stage of their transaction.
What is a Landowner’s Development Agreement?
A development agreement is a type of contract between a landowner and a developer. This will commonly be where a landowner and property developer collaborate on the development project. For example, in its very basic form, the landowner agrees to supply the land to the developer, and this allows the developer to complete the build project. At the end of the build, the development will be sold, and profits are split between the two parties as set out in the agreement. A landowners development agreement can also set out each party’s obligations, including the level of input each party will have during the process. It is vital to ensure that the right development agreement is drafted and negotiated to protect you and your legal rights. Our highly experienced land development lawyers can provide specialist advice on any aspect of the development process, including drafting and negotiating development agreements and on the sale or acquisition of development land.
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