Property & Regeneration
nplaw provides a comprehensive property law service to our clients, who are all public bodies. We have experience of transactions ranging from the sale of individual council houses to complex, multi-million pound commercial development agreements. Our property lawyers advise local authorities on transactions relating to:
Including offices, shops, industrial units and agricultural land;
Including recreational land and buildings, school premises, public car parks and common land;
Council and housing association owned houses and flats.
Sales and purchases of commercial and communal property
We regularly act for our public sector clients on the acquisition and disposal of commercial and communal properties, whether freehold or long leasehold, together with associated easements, such as rights of way, light and support. We report on title, prepare and negotiate contracts and conveyances, deal with the creation and redemption of mortgages and charges, and advise on, and often prepare bespoke documentation dealing with, related matters such as:
- overage or clawback agreements giving the seller a share in future increases in the value of the property;
- the assignment of warranties, for example warranties given by the designers and/or builders of commercial units that have been developed by our local authority clients;
- agreements for the provision of infrastructure where property is on a newly developed commercial estate;
- options for purchase or sale.
We are familiar with those aspects of property law that are unique to local government. So, for example, we use agreements under section 33 of the Local Government (Miscellaneous) Provisions Act 1982 to provide, in suitable cases, for positive covenants to run with the land. We also use the provisions in section 237 of the Town and Country Planning Act 1990 to “cleanse” titles of awkward easements or covenants.
Our property lawyers advise on, prepare and negotiate the grant, variation, assignment and termination of all types of commercial lease, including agricultural leases, industrial unit leases, shop leases, office leases, wind turbine leases and solar leases. During the term of the the lease, we advise on rent reviews, break notices, the grant of subleases and licences and all other issues that may arise. Termination of a lease may occur through expiry, notice, surrender or forfeiture. We deal with all termination issues, including dilapidations.
We act for our local authority and housing association clients on:
- the grant, variation and termination of leases;
- sales pursuant to “right-to-buy” legislation;
- shared ownership; and
- individual and collective lease enfranchisement.
We also act on sales of residential properties under Court of Protection orders.
Beacon Park, Great Yarmouth
The broad stretch of our property work can be seen from the development of Beacon Park. Back in the 1990s, our lawyers undertook all the necessary land assembly work to put together a large area of land south of Gorleston for a new business park with some residential allocations. This was achieved by serving notice to quit an agricultural holding, a number of compulsory purchases and some agreed acquisitions. Funding agreements were then concluded and a number of infrastructure contracts entered into. Since the early 2000s our lawyers have worked on sales (usually allied with development agreements), agreements for lease and major land disposals. Beacon Park now has full Enterprise Zone status and boasts an Innovation Centre, an office campus and an industrial campus, an ambulance depot, commercial units connected with the oil and gas industry, a Travelodge hotel and a Toby carvery.
We provide bespoke training on property law to our clients’ members, officers and employees on request.