Commercial property development often involves substantial financial commitments over a significant period of time, so it's essential to protect yourself against the legal risks of investing in commercial property.
At Lanyon Bowdler, our commercial property lawyers have many years of experience in a broad range of legal issues in this area, covering geographies ranging from the biggest cities in England, Wales and Northern Ireland, to smaller towns, villages and rural areas.
Our offices are conveniently located in Shropshire, Herefordshire and North Wales. But we can advise on projects taking place from the south coast to the border with Scotland, and from mainland England and Wales across the Irish Sea to Belfast and Northern Ireland.
We work with parties on either side of commercial property development. You may be a landowner selling a plot for future development; a developer buying at auction or at the planning and commencement stage; or a buyer acquiring premises that are still under development.
No matter the nature of your role in the transaction or what stage the development is at, the team at Lanyon Bowdler are here to provide clear legal advice in plain English, to help you understand your position and how to protect your legal rights.
The scale and complexity of commercial property development mean seeking legal advice is essential at every stage in the process, from acquiring land at sale or auction, to obtaining planning permission, commencing construction works and buying or selling completed premises.
In order to navigate this process successfully, you need a legal team who will work diligently with you and on your behalf to anticipate any potential issues and clear them up before they arise.
This can start from before you even purchase a plot of land, so that you know your investment is protected from the outset - including when buying at auction, which can expose you to more immediate risks if you do not carry out the correct due diligence.
We can help you to challenge restrictive covenants on commercial property developments, ensuring there are no obstacles to leasing or selling the completed premises at the best market value.
And if you are developing commercial premises as part of a joint venture, we can help by drawing up contracts and legal documents which protect all parties and the venture itself against the actions of an individual.
Our team of lawyers advise on planning agreements to lead to planning permission ; infrastructure agreements, leasing and selling infrastructure land for substations to service development sites ; setting up management companies ; preparing contracts; transfers and leases for development sites.
Buying and selling property at auction is a much more immediate process, but that doesn't have to mean you are exposed to greater legal risk.
Lanyon Bowdler's commercial property lawyers have years of experience advising on investment at auction, whether you are looking to achieve the best selling price for a property you need to dispose of quickly, or you are trying to buy at below market value.
Our commercial property auction lawyers can help with the necessary due diligence, the legality of the auction pack of information provided to potential buyers, and with the contract of sale itself.
Because exchange of contracts at auction typically occurs the moment the gavel falls, it's crucial to seek legal advice before the auction takes place, whether you are the buyer or the seller.
Challenging restrictive covenants on commercial property can unlock the ability to use the land and premises in a more profitable way, increasing immediate yields and long-term resale value.
Some examples of restrictive covenants on commercial property might include:
You may wish to challenge a restrictive covenant if you feel it is not legally enforceable - for example, if a restriction on competition between neighbouring businesses is not permitted under competition laws.
Alternatively, you could negotiate a variation of the covenant to allow you to carry out the desired activities, or obtain indemnity insurance to protect against any claim of a breach of covenant.
We can advise parties on either side of restrictive covenant disputes and on the creation of new restrictive covenants which are legally enforceable in the current era.
The cost and complexity of commercial property developments mean it is not unusual for them to be carried out via joint ventures.
As in any commercial partnership, it's important to set out legal terms that dictate conditions under which the joint venture will operate; for example, who has the final say on any decisions that are not unanimous or mutually agreeable.
Legal advice can also help you to protect all parties' interests in the event that one participant, in the joint venture, would like to leave or defaults on their obligations.
In cases where all involved parties are essential to the project, whether due to finance, expertise or some other factor, you need to know where you stand if the departure of an individual leaves you unable to proceed.
Lanyon Bowdler have the experience and expertise needed to advise on these and other legal issues of joint ventures in commercial property development throughout England, Wales and Northern Ireland.
The Lanyon Bowdler commercial & agricultural property team are here to provide you with the very best legal expertise in all development projects, whether you are the seller, developer or buyer.
We have many years of experience advising on commercial property developments in urban and rural areas, from towns and cities to villages and countryside locations throughout Wales, England and Northern Ireland.
Our offices are centrally located, with commercial property solicitors in Telford, Shrewsbury, Oswestry, Hereford, Ludlow, Bromyard and Conwy, but we provide services that reach far beyond Herefordshire, Shropshire, The Marches and Mid and North Wales.
So whether you are looking for commercial property development advice in Birmingham or Wolverhampton, or your project is located on the coast or across the Irish Sea, make Lanyon Bowdler your first port of call for experienced and professional legal advice.