Housebuilding remains one of the key catalysts in Britain’s post-pandemic economic and social recovery. 
Regional and local developers play a key role in meeting the unprecedented demand for housing by seeking out opportunities for development on a smaller scale in circumstances where larger developers may not deem such developments a viable or worthwhile venture.

The role of these regional and local developers should not be underestimated. These smaller developers do not have the benefit of large in-house, land, planning, technical and legal teams. They rely on local businesses and local professionals to provide them with the necessary expertise and support.

At Neves, we work alongside a number of local developers and landowners in conjunction with their appointed land agents and planning consultants to advise on varied residential and commercial schemes. Our role includes considering the legal viability of land for development, as well as advising on how to identify and potentially overcome pitfalls which could adversely impact on a given scheme.

Some of those pitfalls might include:

Means of Access and Service Infrastructure

• Does the site have sufficient rights of access?
• Does the site immediately adjoin the public highway or are private rights of access across third party land required?
• Are visibility splays required, can you meet the requirements within the extent of the site?
• Are you able to bring all vital utilities into the site, do you require third party consent? Utilities undertakers will rarely rely on statutory rights alone.

Planning - Consent implementable? Conditions?

• Does the land have existing planning consent and does it remain valid?
• Can it be implemented? Are there any legal constraints that may mean the consent cannot be legally implemented? Are any of the conditions unduly onerous?

Restrictive Covenants and ‘Adverse Rights’

• Is the legal title subject to any restrictive covenants which may prohibit development, or mean unwelcome and unbudgeted costs are incurred? If so, are they enforceable?
• Are any third parties entitled to payments if the land is developed or if planning consent is granted for development or any alternative use?

Environmental Obligations and Considerations

• What environmental liabilities will you inherit?
• What pre-commencement planning conditions are there in relation to environmental investigations? What are the likely costs of remediation?

These are just a few of the considerations that developers will have when assessing the suitability of land for development, and hurdles that landowners may have to jump when marketing land for a potential development scheme. It is important to obtain suitable expert advice where necessary.

At Neves, we can offer competitive professional advice to assist you in navigating a potential development scheme; whether you are a developer looking to acquire land to build out yourself, a promoter looking to work alongside a land owner to bring a development to market or a landowner wishing to sell land at varying stages of a development. 

For more information or to discuss your property development plans please get in touch with our specialist Commercial Property team. Call 0330 0945 500, email info@nevesllp.co.uk or complete our Contact Form and we'll get back to you.