Agreements with Registered Providers: 5 Top Tips

For developers bringing forward any residential development, the affordable housing package will be one of the most important elements of ensuring a scheme actually gets consent – particularly in the current political and policy environment. But while it is easy… Read more

MCIL2 update – in force 1 April 2019

Last week, we published a post (see here) noting that the Mayoral Community Infrastructure Levy 2 ('MCIL2') was due to come into force on 1 April 2019, setting out details of the new charges, which developments would be affected and the implications… Read more

Brexit isn’t frustrating…at least for leases

Landlords can (for now at least) breathe a sigh of relief as the High Court has ruled that a tenant cannot bring its obligations under a lease to an end by invoking the doctrine of frustration simply because it will… Read more

Back to basics: advertisement control

Cases involving advertisement consents rarely make it beyond the High Court but the recent case of Putney Bridge Approach Ltd v (1) Secretary of State for Communities and Local Government (2) Hammersmith & Fulham London Borough Council & JC Decaux… Read more

Opening the door to community and landlord engagement

This article was first published on Lexis®PSL Property on 24 January 2019.  Fiona Sawyer, professional support lawyer in the planning team at Herbert Smith Freehills LLP, and Frances Edwards, senior associate and specialist real estate litigator at the firm, point… Read more

Real Estate EP4: Brexit and the UK real estate market

In this podcast, Herbert Smith Freehills' Matthew Bonye and Tom Leech QC  discuss the important Canary Wharf Group v European Medicines Agency court case.  This case is highly relevant to real estate development. The tenant, the European Medicines Agency (EMA), argues that Brexit is a frustrating… Read more

Back to Basics: Housing Need and Delivery

  From 25 January 2019 (although see here for our commentary on the ambiguity surrounding the actual date), local planning authorities must use the new standard methodology for assessing housing need set out in the National Planning Policy Framework published in… Read more

The importance of assignments: If you are purchasing a site for development, would you rely on a report your seller obtains in its favour then gives to you, stating that you can rely on it; the seller accepting no liability for its contents?

This blog post explores why purchasers should take an assignment or insist on other protection before relying on reports provided to them by others. If your answer to the question posed is ‘yes’, read on as this is exactly what… Read more

Impact of revised National Planning Policy Framework

The revised National Planning Policy Framework (NPPF) was published on 24 July 2018. This post considers what difference it will make – in terms of the impact on developers, whether the government's aims will be achieved and how soon its… Read more

Beware! Contract Races – Could you be in one?

The SRA Code of Conduct 2011 forms part of the Solicitors Regulation Authority Handbook. The Code is to be adhered to by all lawyers – both in-house and in private practice. Sometimes it's good to have a timely reminder of… Read more

HMRC wins landmark SDLT avoidance case

In a 4-1 ruling, the Supreme Court has found in favour of HMRC in the long-running saga of Project Blue Limited v. HMRC (2018) UKSC 30, to the effect that the taxpayer was liable to pay stamp duty land tax… Read more

Are you GDPR ready?

It is unlikely to have gone unnoticed from the volume of emails asking individuals to "opt in" to future company mailing lists that tomorrow (Friday 25 May), the EU General Data Protection Regulation (GDPR) comes into effect in all EU… Read more

How is IPMS measuring up?

Despite prevailing market practice indicating a preference by developers/landlords to continue to use the 6th edition (2007) of the RICS Code of Measuring Practice (CoMP), RICS will continue to ask its members to apply the International Property Measurement Standard (IPMS). Whilst our clients should be aware of RICS… Read more

TOUCHING THE VOID – Mazars Revisited

Not many outside the business rates bubble will have been following the twists and turns of the Mazars case and its aftermath.  Stripping away the jargon, the Supreme Court decided that each floor in a multi-occupied building should be subject… Read more