There was a surprise announcement in today’s Budget in relation to “high-end” residential property. The government has significantly extended the scope of the SDLT 15% “penal” rate that applies to acquisitions of residential property by non-natural persons (i.e. corporate entities). The 15% rate currently applies to individual residential properties worth over £2,000,000. From midnight tonight the 15% … Continue Reading
New procedures will make it harder to register land as a town or village green (‘TVG’). This is one of the Government’s many measures for lessening the impediments to property development. Two recent cases about registered TVGs have also been decided in favour of development.… Continue Reading
Recent news on skateboarders applying to register the Southbank undercroft as a village green (frustrating redevelopment plans if they do) and the recent registration of a beach as common land show how unlikely areas used for recreation can gain legal protection. Here we update on the most recent cases – the trend of decisions favouring … Continue Reading
This post was written by Julia Berry. Some good news for developers frustrated at planning delays caused by waiting for the Judicial Review (‘JR’) period to expire – amendments to the Civil Procedure Rules come into force on 1 July 2013 which change the time limit to apply for JR for planning cases to 6 … Continue Reading
This post was written by Julia Berry and Siobhan Hayes. Unprecedented amendments to planning permitted development rights for change of use from office to residential came into force last week. There are a number of conditions which must be met, including – that the building must be in use or last used as B1(a) offices; … Continue Reading
The Government has today published the new National Planning Policy Framework and here is a link. This comes into effect immediately and is part of the Government’s drive to simplify planning in the UK to promote growth. Government sources today called it ‘unashamedly pro-growth.’ Last summer’s draft of the NPPF got a lot of criticism … Continue Reading
In this post we revisit private rights of way from the perspective of a development site – looking at how they are created, varied, and how they can be extinguished. Q1: ‘I recently purchased a large estate. At the time of purchase, my lawyers reported that the area close to one boundary was subject to a … Continue Reading
Changes to construction legislation coming into force on 1 October 2011 (1 November 2011 in Scotland) will incorporate revisions to the fair payment and adjudication provisions required to be included in construction contracts. Unless developers are careful about updating their construction contracts, they may unwittingly find that the provisions they believe to be agreed are … Continue Reading
This post was also written by Laura Peasnell. Telecom masts can be a welcome source of income but can also pose problems when you want to redevelop a property. The Law Commission has just announced that it is going to review the Electronic Communications Code which may be good news for property owners. The review process will … Continue Reading
We have previously posted on the potential pitfalls for developers arising because of Commons legislation. No developer of land historically used for leisure activities by the public can afford to ignore the risks of commons registration, as the Courts are currently interpreting the legislation in favour of the users of the land (not the owners). A … Continue Reading
This post was also written by Harriet Morgan. From 6 April 2011, residential property with a consideration of over £1m will be subject to a higher SDLT rate of 5%. This means that a purchaser whose transaction will complete on or after 6 April 2011 will find themselves paying more SDLT than if completion had … Continue Reading
Since we posted on the effects of The Commons Act 2006 back in June 2009 there have been three cases. Many land owners will now find it harder to resist an application for registration of land as a town or village green and will have to live with the restrictions that registration creates. The recent … Continue Reading
On 6 April 2010, the new Community Infrastructure Levy (‘CIL’) Regulations came into force, partially replacing the current system of Section 106 agreements. There won’t be an immediate change in the planning regime, but now is the time to think about the CIL and any potential impact on future developments and transactions.… Continue Reading
In our previous posting 'Land Agreements come under the Competition Law Spotlight' when government consultation was underway, we reported on the likely impact of Competition Law applying to property deals. Whilst the issue arose out of the Competition Commission's market investigation into the supply of groceries, the changes that will apply from 6 April 2010 can affect any property agreements and will affect pre-existing agreements as well as anything to be entered into after 6 April. The commercial property world needs a new competition law mindset.… Continue Reading
This post was also written by Mark Hargreaves. Following on from our original blog on the Bribery Bill there have been some changes to the Bill during its speedy passage through Parliament. We have no doubt that this Bill will be enacted before the General Election. Agents, investors and developers do need to be aware … Continue Reading
This is a hot topic in that a number of developments are currently being delayed/called into question by claims that the site is common land or is a town or village green. Developers need to take care when they plan to develop land that has been used by the public for their recreation. Why? That … Continue Reading
