Since our last issue of Property Shapers, summer has drawn to a close. There are many big court decisions to think about as well as a new Government with a big legislative agenda.
The top court case for Property Shapers is the Abbey Healthcare decision in the Supreme Court. This is not about healthcare, it's about whether certain types of building dispute should be covered by a quick procedure called construction adjudication. (Answer: no.) In A collateral warranty is not a construction contract, Alex Clough and Alice Eager explain what this means, and why it matters.
Tom Barton has been analysing Keir Starmer's housing reforms in the national press. The plan to reduce compensation paid to landowners under compulsory purchase orders is part of an initiative to build 1.5 million sorely needed new homes… but who benefits from the cash saving? Local councils, or the developers? And will there be a human rights challenge?
Housebuilder shares bounced sharply upwards after the UK general election, and it's not hard to see why. In Labouring for housebuilders, Daniel Farrand can hear the dust being blown off plans which had been shelved for the last few years in areas of tight constraint but desperate need.
The new Government intends to treat parts of the green belt as "grey belt", and therefore ripe for development; but it's not all going to be plain sailing. Many planned changes will require significant policy changes or legislation. There's more on this in Daniel's companion piece the first 100 days of a Labour Government.
Another policy of the new Government is to ban, eventually, the sale of flats on a leasehold basis. Commonhold will become the norm, in line with the 'condo' or 'strata' title which seems to work in other parts of the world. But there may be a trap: Philip Freedman and Alison Taylor have words of warning for developers buying residential development opportunities on the back of a leasehold title.
Johnny Kelly is a Legal Director, Knowledge Lawyer in the Real Estate department with many years' experience in investment, development and lettings. He specialises in portfolio acquisitions and disposals, development work, as well as landlord and tenant work across retail, office, sports stadium and business park sectors.