Flat tenants in certain circumstances have the right to band together and acquire the freehold of the blocks in which they live. However, as a High Court decision showed , the process of doing so is replete with legal pitfalls and those who fail to take...
Our Property Development & Planning department has extensive experience in development, planning, and construction work. We offer a wide range of expertise in residential and commercial property development and are involved in projects throughout the South East, South West, Midlands, and Wales.
Led by Huseyin Huseyin, the team acts for a variety of clients including private companies, listed and unlisted public limited companies, banks, individuals, construction, and development groups.
The firm is currently ranked in The Legal 500 2018 directory.
Our areas of expertise include:
Acquisitions, setting up estates, and disposals of units in commercial and residential developments
We work on projects containing a small number of units to strategic developments containing 3,000 units or more. We understand market trends and have an in-depth understanding of the acquisition and disposal process, meaning we can meet critical deadlines and protect your best interests.
Huseyin and his team have a wealth of experience in the social housing sector, advising clients on refinancing portfolios, acquiring new housing stock, buying sites, housing and flat developments, occupancy agreements, shared ownership leases, drafting contracts and other relevant documents, and advising on legislative changes and compliance issues.
Statutory service agreements
At Harold Benjamin, we have developed excellent relationships with Local Authorities, which allows us to complete the drafting, reviewing, and negotiating of statutory agreements within tight timeframes.
Planning applications and appeals
We advise and represent developers when challenging planning appeal decisions on a point of law in the High Court. In addition, we can make an application for Judicial Review regarding decisions made by a Planning Inspector in the processing of an appeal or where the Local Authority acted illegally or irrationally. We recognise that challenging a refused planning application can be a costly and lengthy process, therefore, we first establish whether the proposed development can be amended, and/or the application resubmitted, so a more expedient and cost-effective outcome can be achieved.
If you are asked to enter into a Planning Agreement as a condition of having planning permission for your development granted, you can be confident our team can draw up and negotiate a document which protects your best interests. We work meticulously and pragmatically, navigating through even the most complex requirements, ensuring planning permission is received promptly.
Planning inquiries and Property Chamber (formally Land Tribunal) matters
The Property Tribunal is a specialist judicial body dedicated to dealing with disputes, applications, and appeals related to property and land. Our team have extensive experience in dealing with all matters arising from Property Chamber matters.
Large-scale developments or controversial projects can trigger a formal planning inquiry, allowing all parties, including the community, to voice their views. The rules of these inquiries can be complex: our team will partner with you to collate and present evidence and ensure you follow the correct procedure. Our focus is always on presenting your arguments clearly and positively, leading to a swift and favourable outcome.
Options, joint ventures, and consortium agreements
Meticulous drafting and expert negotiation are crucial when it comes to development contracts, such as option, joint venture, and consortium agreements. We work quickly, ensuring deadlines are met, and will carefully advise you on the various choices available to you, so any agreement you enter into promotes the interests of your project and enhances your end-profit.
Huseyin and his team have earned a reputation as leading advisors on private and PPP/PFI project finance transactions. Because we work for both lenders and developers, we have an in-depth understanding of the motivations and challenges each side face.
From debt structuring to agreement of term sheets, to negotiating terms related to the loan, guarantees, and other security, you can be confident we will provide you with expert advice which ensures your best interests are protected.
Construction contracts and sub-contracts
Construction contract disputes are costly and can result in severe reputational damage. At Harold Benjamin, our experience has led us to take a proactive approach to disputes by ensuring construction contracts and those relating to sub-contractors are clear, concise, and contain a well-drafted dispute resolution clause. We are also meticulous in our review of contracts, swiftly spotting terms which could cause issues later on in the life of the project, or do not serve our client’s best interests.
When drafting documents related to professional appointments, our Property Development and Planning team will clearly establish the scope of the appointment and the fees associated.
Warranties and charges over building contracts
Our team provide tailored, expert advice to lenders and developers over the right to take assignment of the building contract and warranties. These issues can be extremely complex and require intricate negotiations. We will guide you through the process, focusing on reaching a solution which advances your organisation’s objectives and protects its interests.
For further information on how we can advise on matters relating to the Property Development, Planning, and Construction sector, please contact Huseyin Huseyin on 020 8422 5678