Affordable Housing: Back to Basics

This post has been superseded by a new post assessing affordable housing under the revised National Planning Policy Framework published in July 2018 and the draft New London Plan showing Minor Suggested Changes published in August 2018. See here for the new post. "Affordable… Read more

Budget: Tax implications for real estate

Apart from a couple of pieces of good news, the Autumn Budget materials published earlier today contain a number of definite and potential changes to UK tax on real estate which could impact on pricing going forward. The good news… Read more

The Potential Pitfalls of Overage

Overage provisions can be complicated, and the recent case of Sparks v Biden [2017] EWHC 1994 (Ch), offers some useful reminders of the potential pitfalls that can arise when drafting overage agreements and the scope of the Court's ability to… Read more

Corporate Real Estate: What’s Market?

"Market" and "Off-market" are two phrases that are commonly used by commercial lawyers – but what do they really mean in the context of a corporate real estate deal? In a series of articles recently published in the Estates Gazette,… Read more

Connected and Autonomous Vehicles – the future?

The BBC and others are today reporting the Department for Transport's news that the Government has announced funding for a "platooning" feasibility study. This will allow up to three heavy goods vehicles to travel in convoy on motorways with their acceleration,… Read more

Increased scope of contractors’ design liability

The Supreme Court in E.ON v MT Hojgaard has held that apparently inconsistent provisions in a design and build contract relating to standard of skill and care as against the strict requirements of a technical output specification may both be enforced. This… Read more

Residential leasehold – time for change?

At the end of July, hard on the heels of the Housing White Paper published in February, DCLG issued a Consultation Paper on "Tackling unfair practices in the leasehold market". If you wish to make your voice heard prompt action… Read more

What impact do overseas investors have on housing supply?

Planning Resource has published an on-line article by Matthew White, Head of Planning, London, discussing the conclusions of the May 2017 report by the London School of Economics concerning the impact of overseas buyers on housing supply. For the Planning Resource article,… Read more

The new EIA Regulations: what has actually changed?

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 came into force on 16 May 2017, implementing the 2014 EU Directive. Similar regulations have also come into force under the infrastructure planning regime. Largely, the new regulations are a fairly extensive… Read more

Intellectual property issues for purchasers of development sites

Authors: Rachel Montagnon, Professional Support Consultant, Laura Deacon, Of Counsel, and Joanna Silver, Senior Associate, Intellectual Property, London A recent case reminded us that a range of IP issues can sometimes be overlooked when purchasing development sites. Some relevant questions that purchasers may… Read more

On Election Day

Author: Matthew White, Partner and Head of UK Planning, London I'm sure I am not alone in finding it difficult to be enthusiastic about today's general election. From a development perspective, there is little in the main parties' manifestos that… Read more

The limits of good faith

Author: Michael Mendelblat, Professional Support Lawyer, Construction and Engineering, London   The NEC Form of Contract is now in wide use in construction projects. The first clause says that the parties "shall act as stated in this contract and in… Read more

Time to respond to the Housing White Paper

Author: Matthew White, Partner and Head of Planning, London There is just over one month left to submit responses to the Government's Housing White Paper and Build to Rent consultations. Published on 7 February 2017, the consultation period closes for the Build… Read more

Forfeiture traps for developer landlords

Author: Matthew Weal, Associate, Real Estate Dispute Resolution, London What do you do if you acquire a site containing problem tenants who may consistently be in arrears of rent or in breach of covenants under their leases?  It is understandable in these… Read more

The changing cost of environmental claims

Authors: Andrew Lidbetter, Partner, London and Jasveer Randhawa, Of Counsel, London   In environmental (Aarhus Convention) claims, judges can now award costs that take into account the claimant's financial resources. As of 28 February 2017, judges in environmental judicial review claims and… Read more

Sky’s the limit?

Author: Helena Thompson, Associate, Planning and Environment, London Almost a month on, we have now all had a chance to consider what the Housing White Paper means for the future of housing. The planning team here at Herbert Smith Freehills have… Read more

The importance of consistency

Author: Michael Mendelblat, Professional Support Lawyer, Construction and Engineering, London   In a construction project, how a builder and/or designer's potential liability is classified in the contract and technical documentation can be crucial to recovery of any costs associated with… Read more

IPF Non-Disclosure & Exclusivity Agreements

Author: Richard Forsdyke, Partner, Real Estate, London We find this interesting and so thought we would share. To save unnecessary time and resources drafting bespoke agreements, the Investment Property Forum ("IPF") has published a standard form Non-Disclosure Agreement ("NDA") for parties… Read more

Successful sub-sales – being a good middle man

Author: David Evans, Senior Associate, Real Estate, London Negotiating the purchase of a property while simultaneously negotiating the sale of the same property can be difficult, especially where the sub-sale element is confidential. But a sub-sale can be a very attractive… Read more