Real estate and built environment
5 gold rings: a sensible way of paying for your Christmas shopping?
It's day five of our festive blog series: Gold is rare as a payment form these days, and cash is becoming increasingly so. Whilst retailers and consumers are embracing cashless payments, they are not without their risks.
Read more4 Calling Birds – it's good to talk…
How will the new electronic communications code affect telecoms providers?
Read more3 French hens: are too many of our house-building eggs in their baskets?
We couldn't pass up the opportunity to mention Brexit – its potential impact on the rate at which we are building out new homes has been in the news a lot recently, with fears over the loss of foreign workers and slowdown across the economy.
Read more2 Turtle Doves
Most leases of both commercial and residential premises include an express quiet enjoyment covenant, but what does this actually mean, and how can you ensure peace is retained.
Read moreA Partridge in a Pear Tree
This is the first of a series of blogs we shall be posting in the run up to Christmas based upon The Twelve Days of Christmas carol with a property theme. We hope you enjoy reading them and have a very merry Christmas.
Read morePayment and Payless Notices – the Basis of Calculation – Judicial Guidance at last
Whilst the Scottish case of Muir Construction Limited v Kapital Residential Limited is not binding on the English courts, the judgment is not only perfectly sensible but also provides useful guidance on the requirements for a payless notice under the amended Housing Grants, Construction and Regeneration Act (the Act) - an area which has not had much judicial attention since the change from the withholding notice regime. In a bumper month for payment notice disputes, we also had guidance from the Court of Appeal on the need for payment notices following termination – both decisions coming just as the Government announced its consultation on the 2011 amendments to the Act.
Read moreSinking and Reserve Funds – how best to save for a rainy day
Most managing agents will know that it is best practice to keep funds aside for a rainy day but how many are aware of the formalities necessary to properly account for such funds?
Read moreConstruction Act and Retention consultations published by the Government
The Government has recently published two consultations to review (i) the implementation of the 2011 changes to the Construction Act; and (ii) the practice of cash retention under construction contracts.
Read moreFrom light industrial to residential – the new permitted development right
At a time when headlines and inboxes are filled with new comment, consultation and discussion on how to tackle England's housing crisis, a new permitted development right allowing a change of use from light industrial to residential has come into effect with very little fanfare. So what's new, and why have we not heard more about it?
Read moreAdjudication – mind the recovery gap
O'Farrell J recently severed an adjudicator's decision as she considered that the adjudicator did not have jurisdiction to award costs under the Late Payment of Commercial Debts (Interest) Act 1998 (Late Payment Act) in Enviroflow Management Ltd v Redhill Works (Nottingham) Ltd (2017) (unreported, 16 August 2017).
Read moreNorth Midland Building Limited v Cyden Homes Limited [2017] EWHC 2414 (TCC): Choose your extension of time provisions carefully
North Midland Building Limited v Cyden Homes confirms the primacy of the parties' contract in determining an extension of time. Specifically, in North Midland the High Court held that an amendment made to the construction contract meant that, in a situation of concurrent delay, North Midland Building Ltd (the Contractor) was not entitled to an extension of time from Cyden Homes Ltd (the Employer) and that the prevention principle, had it arisen, would not take precedence over the expressly agreed terms of the contract.
Read moreSerial referrals and abandoned adjudications: will the court grant an injunction prohibiting adjudication proceedings?
In Jacobs v Skanska, the TCC has recently held that starting a second adjudication on the same or similar issues is unreasonable but not oppressive and an injunction should not be granted. In the recent case of Jacobs UK Limited v Skanska Construction UK Ltd [2017] EWHC 2395 (TCC), Justice O'Farrell DBE clarified the courts will not restrain a party who opens and closes numerous adjudications for a tactical benefit but, the responding party may be granted a wasted costs order.
Read moreThe Mayor of London's Affordable Housing SPG: 10 things you need to know (part 2)
This supplementary planning guidance, issued this month, builds on the Mayor's long-term aim for half of all new homes in London to be affordable (as defined in the London Plan). More will no doubt be heard in the revised London Plan when that emerges, but in the meantime here are some headlines which we hope help you cut through the SPG.
Read moreThe Mayor of London's Affordable Housing SPG: 10 things you need to know (part 1)
This supplementary planning guidance, issued this month, builds on the Mayor's long-term aim for half of all new homes in London to be affordable (as defined in the London Plan). More will no doubt be heard in the revised London Plan when that emerges, but in the meantime here are some headlines which we hope help you cut through the SPG.
Read moreContractors and Insurers beware - Contractor found to bear the risk of an incorrect standard as fitness for purpose prevails in the Supreme Court
This morning the Supreme Court handed down its much anticipated judgment in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another [2017] UKSC 59. The Judgment should be of concern to both contractors and their insurers.
Read moreWho has to sign a s106 agreement?
The question of who needs to sign a s106 agreement can be a bone of contention between applicants and local planning authorities. Opposing views can risk planning consents being held up, or third parties challenging consents for failure to properly secure essential mitigation. So who, then, should sign planning agreements?
Read moreIs it game over for ground rent?
Considering the recent Government proposals to change the rules on ground rent and how those proposals may affect developers.
Read moreAdvertisement consent – five rules for retailers
A summary of advertisement control for retailers in England, including deemed consent provisions, applications, standard conditions and discontinuance orders.
Read moreStay in your lane! How expert witnesses can stray away from their duty to the Court
The judgement in 125 OBS Nominees (1) and anr v Lend Lease Construction (Europe) and anr [2017] provided useful judicial clarification as to when expert evidence from certain disciplines will and will not be appropriate and how experts can walk a fine line between advocating their client's case and providing independent evidence.
Read moreWhat is "reasonable" when making a recovery?
Recovering sums paid out in settlement through court proceedings is an area of law where the Court's ability to resolve a dispute according to what is fair, proportionate and commercially sensible is alive and well.
Read moreComplex contracts and intricate inconsistencies – a reminder of the court's approach to contractual interpretation
In a year in which the Supreme Court will have produced two Judgments on the topic of contractual interpretation, the TCC's judgment in 125 OBS v Lend Lease is a useful reminder of the courts' approach to resolving these disputes and their attempt to find a balance between the so-called literal and commercial approaches to interpretation.
Read moreCherry picking in an adjudication is fine – as long as you're the Referring Party
It has been established for some time that Referring Parties have the right to 'cherry pick' its claim for the purpose of adjudication - essentially selecting part or parts of a wider application or dispute and referring those to an adjudicator to make an award on rather than the full dispute or an entire account.
Read moreEven More Challenging Times – 5 More Risks Following The Grant of Planning Permission
This post is the second in a two-part series in which we highlight ten areas where the risk of a third party challenge against the grant of planning permission might arise. The list we have given is not exhaustive, but all issues fall within the broad parameters for judicial review grounds, being decisions which have been taken irrationality, ultra vires (outside the scope of the authority's powers), or with procedural irregularity.
Read moreChallenging Times - 5 Risks Following The Grant of Planning Permission
Developers and local authorities will be only too aware that third parties can challenge a grant of planning permission through the courts by way of a judicial review. An application for such a challenge is costly, and must be made quickly. Further, it can only be brought on limited grounds. Whilst this may offer a developer or local authority some comfort, it is worth being aware of some of the more common grounds of challenge so that steps can be taken to minimise the risk of these arising.
Read morePre-loading the pre-app?
Discussion on the planning pre-app process considering cost and time considerations and the benefits and concerns of going through this initial advice process.
Read moreYou can't park there!
A summary of the May 2017 Court of Appeal decision in Khodari relating to whether parking permit restrictions can be secured in agreements made under s106 Town and Country Planning Act 1990.
Read moreRestrictive Covenants: Public Policy v Legal Obligations
A commentary on the recent case of Millgate Developments v Smith concerning the breach of a restrictive covenant.
Read moreEIA – a new role for the planning system in considering the health impacts of development?
A summary of the EIA Regulations 2017 and the consideration as part of the planning application process of a proposed development's likely impacts on human health.
Read moreReining back from last orders - The Protection of Pubs: an update
Provisions in the Neighbourhood Planning Act 2017 for the protection of pubs, including restrictions on changes of use and demolition, updated from the draft Bill.
Read moreTop Tips for Commercial Tenants – Lease Expiry
Commercial advice for business tenants approaching lease expiry
Read moreLet there be light
The importance of light in WELL Building Standards and how it sits within the context of planning law and rights of light
Read moreCinema Wars: The Courts Awaken
A review of two recent planning law cases relating to cinema schemes, looking at s73 applications and the role of development plan policies in managing competition.
Read morePermissions in Principle: a brave new planning world?
An overview of regulations relating to brownfield land registers and permission in principle including criteria for including land in a register and allocating it for housing development
Read moreMIPIM: 10 things we learnt about you
A round up of things we learnt during our first experience of MIPIM week, from what to wear to how to plan your diary and make the most of your new connections
Read moreEngaging with Development – do we always know what we need?
Comment on the need for public engagement in the planning and development process, following a ULI presentation on The Well-Tempered City (author Jonathan Rose)
Read moreRent reductions in Side Letters: do they work?
Rent Reductions, rent reviews, side letters and retail.
Read moreWhat chance is there for developers railing against Stamp Duty Land Tax
After nearly three years of the increased residential Stamp Duty Land Tax (SDLT) rates and almost a year of the SDLT surcharge for additional properties, developers are mounting a call for reform. How successful can this be opposite a government under economic pressure?
Read morePlanning to Protect Pubs
A review of recent article 4 directions removing permitted development rights from pubs and proposed legislation to protect them from development and demolition.
Read moreFinally, a victory in the on-going battle against business rates
The Supreme Court ruling in Newbigin v Monks represents a welcome and important victory for UK property developers.
Read moreThe new statutory obligation to report on payment practices
Key points (and links) for businesses to note about the draft Reporting Payment Practices and Performance Regulations 2017 which comes into effect in April 2017.
Read moreGuide to Real Estate Funds
Welcome to the BVCA Guide to Real Estate Funds, the latest in our series of guides into business sectors, investment strategies and international markets.
Read moreCIL review: A note of caution to charities
An overview of the CIL review team's recommendations for reform of CIL and consideration of the effect the loss of charitable exemptions could have on charities
Read moreThe Housing White Paper: 5 ways to boost delivery
A round-up of five key themes in the Housing White Paper which aim to increase land available for housing and boost build-out rates.
Read moreGreen belt development - don't forget the law!
A review of the housing white paper in relation to green belt development noting that the Green Belt (London and Home Counties) Act 1938 is a further hurdle.
Read moreElectronic Signatures – the future of executing documents?
You could be forgiven for failing to spot the release of The EU Regulation on Electronic Identification and Trust Services in the Internal Market (910/2014/EU) (the Regulation), released post EU referendum. We consider the impact of this and the Law Society's Guidance Note on electronic signatures (the Guidance Note).
Read moreGarden Villages - are they necessary?
A recent Government announcement has proposed 14 sites across England to be the first garden villages, with 3 further sites to be new garden towns. But with a country full of deserted and derelict buildings, are garden villages and towns the only way forward?
Read moreThe ins and outs of tall buildings
Whilst iconic design can be fabulous, RPC asks if we will see developers and architects put more thought into the needs of their occupiers and surrounding landowners, and less of a focus on headline-grabbing exterior designs.
Read moreBuilding on Brexit
The Impact of Brexit on the Construction Industry and the House of Commons Briefing Paper
Read moreRefusing to pay up? You'll need a good case
TCC enforces adjudicator's decision, finding no breach of natural justice or jurisdiction.
Read moreOffice to Residential Permitted Development Rights – an update
The rights to convert a building from office use to residential without needing to submit a planning application are not new, although a recent decision from the Planning Court have brought them back to the headlines and suggest that they may be more flexible than anticipated.
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