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For the unwary and unprepared, the legislative terminology and powers surrounding what might casually be called a “road” or “path” can be a maze. A recent case is a useful reminder of the potential consequences of failing to proactively prevent public use of a private route. Statutes use different, overlapping words or phrases to describe … Read more
The planning system has an important role to play in promoting and sustaining diversity and inclusion in communities. However, is it currently rising to the challenge and, if not, what can those in the planning industry do to make a difference? In this episode, Charlotte Dyer, an Of Counsel in the HSF London Planning Team, … Read more
We previously reported on the introduction of the Trust Registration Service in 2017 and, in particular, how this would likely impact the commercial real estate sector. The Fifth Money Laundering Directive (MLD5), which came into effect on 6 October 2020, has significantly broadened the scope of the obligations to register. In this article, we have … Read more
Although the Community Infrastructure Levy (CIL) has been with us for over a decade, it continues to feel new (perhaps because the government keeps changing it) and, thanks to the regime’s complexity and rigidity, can throw up some unwelcome surprises. The recent case of Stonewater (2) Ltd v Wealden DC – in which an affordable … Read more
Avid readers of HSF Real Estate Development Notes will remember us reporting in our October blog on the Trocadero case. This followed the High Court’s decision to grant summary judgment to the landlord of commercial premises in a claim for arrears of rent and service charges due since the outbreak of the Covid-19 pandemic. The … Read more
The Chancellor of the Exchequer, Rishi Sunak, delivered his third Budget this week. Many of his announcements confirmed previously announced measures, but added crucial detail, such as the rate and allowance applying to the new Residential Property Developer Tax (RPDT). Our Tax team has produced a briefing which focuses on the new announcements from the … Read more
Fifteen months after the Land Registry’s historic decision to accept e-signed documents for registration, the unstoppable rise of the e-signature within the real estate sector continues apace. If you would like to read more about e-signatures please take a look at this EGi article that we co-authored with Womble Bond Dickinson (UK) LLP “The unstoppable … Read more
In the first of our briefings on the Building Safety Bill, we focussed on the new, more stringent, building safety regime that will apply during the development and construction of certain residential buildings, known as “higher-risk buildings”. But how does the Bill envisage that the safety levels achieved through competent construction of a higher-risk building … Read more
Landlords of commercial premises have, quite understandably, been awaiting further details of the UK Government’s anticipated “binding arbitration” scheme for rent arrears which have accrued during the Covid-19 pandemic and associated lockdowns. Happily for landlords and developers, a recent decision in the High Court has suggested that the courts will not entertain tactics by tenants … Read more
