Development and construction

Stamp Duty Land Tax 3% surcharge ‘Replacement of only or main residence’ and the three-year rules

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The higher rates of SDLT are intended to apply to purchases of additional residential properties, such as second homes and buy to let properties. More …

Another contaminated land liability stream for developers to contend with

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Developers are geared up to carry out necessary remediation of brownfield sites through the planning process, but what happens if there is historical contamination on land that they have sold to homeowners years before? More …

Legal Viewpoint - Obligations route blocked on parking permit restrictions

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A Court of Appeal ruling last month involving planning permission to convert a building in west London from five flats to eight explored the lawfulness and enforceability of planning obligations that seek to restrict residents from applying for permits for on-street parking. In 2015, the High Court held that such obligations fall outside the scope of section 106 of the Town and Country Planning Act 1990. More …

Planning permission and copyright infringement: a cautionary tale

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The recent case of Signature Realty Ltd v Fortis Developments Ltd & Anor highlights the caution that developers should take when acquiring a site with planning permission. The case confirmed that copyright protection applies to architects' drawings. More …

Land Registry delay: Mind the Gap

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A recent case highlights the importance of accurate and timely applications for registration of matters at Land Registry. Due to an inaccurate plan being filed there was a delay in registration of the transfer of some land.. More …

Can allotments be appropriated if a development is strategically important?

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allotment, appropriation of allotments for development, rights of allotment owners

Whilst the bar is rightly set high, a recent case has shown that allotments are not sacred, that a sufficiently important development can displace them and that developers should not be discouraged from incorporating them into strategic developments. More …

At a loss about 'no loss' arguments in construction claims?

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In the context of construction projects, 'employers', developers and funders may need to assign construction documents (e.g. building contracts, professional appointments, collateral warranties). More …

Recovering adjudication costs under the Late Payment of Commercial Debts (Interest) Act 1998

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Rachel Gwilliam, Partner, explores the possibility of recovering adjudication costs under the Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998) and looks at how the recently-published judgment in Lulu Construction v Mulalley impacts the position. More …

When to dig deep to build your investment

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Largely confined to the wealthier areas of London, ‘mega basements’ or ‘iceberg’ homes have become increasingly popular as owners try to increase their living space and investment value without infringing on strict planning controls. More …

New heat supply regulations may catch out unsuspecting landlords – what they need to know

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At a time when many landlords are grappling with the requirements of the recently introduced minimum energy efficiency standards for their buildings, another set of regulations comes along to burden them with time-consuming administration at best, and costly equipment installation works at worst. More …