Self-builders risk losing Community Infrastructure Levy (CIL) exemption

November 12th 2020 | residential property

A recent appeal case decision has underlined why it is essential that self-builders serve the Assumption of Liability Notice and the Commencement Notice on the Local Authority before starting work on a development which would otherwise be liable to CIL. Under the 2010 CIL Regulations, self-builders are able to claim read more...

Future change in Help to Buy: Equity Loan Scheme

September 29th 2020 | residential property

The existing Equity Loan Scheme run by the Government via Homes England comes to an end on 31st March 2021. From that date, an entirely new scheme will be available for first-time buyers from developers who are separately registered under the new Scheme. The developers will be required to offer read more...

Monitor Your Property – Protect Yourself Against Fraud

June 4th 2020 | residential property

Currently, more than 85% of land in England and Wales is registered at the Land Registry. The Land Registry is working hard to encourage landowners to register their land, and has committed to registering 100% of land in England & Wales by 2030. While this will assist in establishing ownership read more...

Land Registry Help During Covid 19

May 6th 2020 | residential property

As of Monday 4th May, for a temporary period, the Land Registry will not require “wet signature” documents and will accept deeds signed in pen, witnessed in person and scanned and sent in PDF, JPEG or similar means to their lawyer who will attach those details to the final agreed read more...

Right of Light and City Centre Development

April 17th 2020 | residential property

The recent decision in the case of Beaumont Business Centres Ltd v Florala Properties Ltd makes clear that developers of city centre buildings should not assume that the Courts will not grant an injunction for breach of rights of light where they have completed construction of offending works. In such read more...

Problems With New Build Properties: New Homes Ombudsman

February 26th 2020 | residential property

The Government announced on 24th February that it will introduce legislation for a New Homes Ombudsman, to provide buyers of new homes with a free, independent complaints procedure to resolve problems with newly-built homes. All developers of new homes will have to belong to the scheme (which will be separate read more...

Enfranchisement – Good news for Landlords, bad news for Tenants

December 2nd 2019 | residential property

A recent decision by the Supreme Court ( Sequent Nominees Ltd (formerly Rotrust Nominees Ltd -v- Hautford Ltd [2019] UKSC47) determined that it was reasonable for a Landlord to decline a Tenant’s application to apply for planning permission for change of use of a property to residential, where that would read more...

5G Mobile Phone Mast Consultation

September 4th 2019 | residential property

Designed to support the deployment of 5G networks across England, the Government has proposed reforms to the development rights belonging to electronic communications code operators under the Town and Country Planning (General Permitted Development) (England) Order 2015. The proposed reforms, designed to extend geographical network coverage, would allow Code operators read more...

Help to Buy Loans: There's No Such Thing as a Free Lunch

August 6th 2019 | residential property

Help to Buy in England was introduced to assist those buying a home on a new-build development. The Government, via Homes England, will provide an equity loan of up to 20% (outside London) and 40% (in London) subject to a maximum purchase price of £600,000 and on which no interest read more...

CMA Finally Launches Investigation Into the Leasehold Housing Market

June 19th 2019 | residential property

The Competition and Markets Authority (the “CMA”) have initiated investigations to look into potential breaches of consumer protection law in the leasehold housing market. Particular concerns raised relate to the mis-selling of leasehold properties, potentially onerous and unfair contract terms pursuant to escalating ground rents; exorbitant service charges, consent and read more...

The Law Society introduces new Freehold Management Enquiries form (FME1)

May 22nd 2019 | residential property

The surge in freehold properties subject to estate/service charges (particularly on new developments) have led to the Law Society introducing a new standard form, Freehold Management Enquiries (“FME1”). The form includes standard questions that can be asked when acting for someone who is buying a freehold property that shares services read more...

Being a Lawyer is Hard!

April 12th 2019 | residential property

You operate like a machine to make sure your client’s needs are met and like gymnastics, every transaction is like an obstacle course. After completion, sometimes you get silence, often you get a quick thank you, on occasion a glowing report is sent to your boss and if you are read more...

Letting Agents Must Join Client Money Protection Scheme

March 25th 2019 | residential property

The Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019 come into force on 1 April 2019. The Regulations include a requirement for letting agents to join a government approved client money protection scheme, which provides a level of compensation of at least read more...

Right of Way for Owner's Adjoining Land is Only Ancillary

February 21st 2019 | residential property

A recent Court of Appeal case has re-confirmed that if land ceases to be used for an ancillary purpose, it can no longer be accessed via a right of way benefitting adjoining land.  Parker and another v Roberts [2019] EWCA Civ 121 (7 February 2019) involved a case where in read more...
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