Briefings and reports

The Government published legislation at the end of last week that will relax the rules on when planning permission is needed for change of use. View full briefing

Real Estate newsletter - May 2013 View full briefing

Permissible margins and contributory negligence: valuers and lenders battle it out; Transforming bailiff action: a shake-up leaving landlords in distress; Civil litigation costs: dramatic reforms are on their way; Legal advice privilege and without prejudice: when can they be relied on?; Beware: pre-let agreements are not automatically enforceable against successors in title; Disclaimer: surety required to take new lease following disclaimer View full briefing

Real Estate newsletter - March 2013  View full briefing

The Government introduced tax breaks for UK property funds in 2008. It has taken five years for the industry to start responding. Now we are seeing authorised investment funds being launched as property authorised investment funds (PAIFs). Why the delay? Market conditions have played a large part in the lack of action. However, there are still practical and tax issues to be resolved.  View full briefing

The Law Commission has today published a Consultation Paper containing its recommendations for reforming the law on rights of light.  View full briefing

On 19 December 2012, the Court of Justice of the European Union (CJEU) handed down its long-anticipated judgment in the ONEL/OMEL case. This reference from the Court of Appeal of the Hague sought guidance on the question of whether use of a Community Trade Mark (CTM) in a single member state constitutes genuine use in the Community.  View full briefing

The Government recently announced in a letter to local authorities in England that new legislation will come into force in Spring 2013 allowing a change of use from offices to residential without the need to apply for planning permission. View full briefing

Debt drought? Storm force ten(ant); Met offices; Trade winds; Shop fronts; A few degrees warmer? Nabarro's bright spots 2012 View full briefing

Real Estate newsletter - January 2013 View full briefing

In December 2012 HMRC responded to the earlier consultation on the tax treatment of REITs investing in REITs. They announced that they would introduce measures to allow the income of UK REITs investing in other UK REITs to be treated as exempt. View full briefing

Opposed lease renewals: owner occupation and the five year rule; Enfranchisement and lease extensions: when is a building a "house"?; Squatters' rights? How to deal with unwanted occupiers; Misrepresentation has severe consequences for auction sellers ordered to buy back land; Settling dilapidations claims: clear drafting is essential. View full briefing

Following the case of Robinson Family Ltd v HMRC, HMRC have been forced to retreat from their long standing position that the grant of an overriding lease does not amount to a transfer of a going concern (TOGC). View full briefing

Real Estate newsletter - November 2012 View full briefing

Community Trade Mark (CTM) applicants beware. OHIM (the CTM office) has again (15 October 2012) changed its practice on filings for "class headings". View full briefing

The Finance Act 2012 has implemented a number of changes to the REIT regime. View full briefing

Mitigating empty rates liability: options for landlords; Permission to appeal an order appointing an arbitrator: the role of the court in the process; Applications for consent to assign: a cautionary tale; Modifying leasehold covenants: the tenant wanted the ability to sublet; Selling repossessed land: a lesson from the Court of Appeal on the interpretation of documents held by the Land Registry View full briefing

Real Estate newsletter - September 2012 View full briefing

In the Budget 2012 the Government announced a range of measures designed to combat perceived tax avoidance on the purchase of high-value residential property by non-natural persons. View full briefing

With an increasing number of developments stalling following changes to market conditions, making previously agreed planning obligations unviable, the Department for Communities and Local Government (DCLG) is seeking to make legislative changes to help developers renegotiate those planning obligations. View full briefing

Real Estate newsletter - July 2012 View full briefing

Rent does not rank as an expense if it falls due pre-administration; A painful break: how to avoid losing the right to break a lease; Business tenancies: what happens when a landlord wants to occupy the premises; Adverse possession: how to measure a squatter's reasonable belief in property ownership; Drafting endeavours obligations: clarity matters View full briefing

Real Estate newsletter - May 2012 View full briefing

It is well established that, when determining planning applications, planning authorities must proceed upon a proper understanding of the development plan. But is it for the planning authority, or for the courts, to decide what amounts to a "proper understanding"? This briefing looks at the key points arising from a recent UK Supreme Court decision on this question and the potential for that decision to drive a coach and horses through the meaning of "suitable" in the context of the sequential approach.  View full briefing

There are commercial opportunities in buying real estate debt from banks at a discount and unlocking the value in the properties that secure these loans. This has prompted a considerable number of bidders who are interested in buying loan portfolios as evidenced by the recent RBS and Lloyds Banking Group sales. In addition to the traditional US private equity houses that are experienced in this field, a number of real estate companies and funds are identifying opportunities should the right portfolio come to market. This briefing is targeted at those who are interested in learning more about the process of buying property debt.  View full briefing

A decision by the High Court last week has provided further confirmation on the test which determines when a development agreement will be subject to the public procurement rules and when it will be a land transfer outside of the rules. View full briefing

The High Court has today given judgment on how rent falling due pre-administration is to be treated. View full briefing

The Government has published its much anticipated National Planning Policy Framework (NPPF) which is a key part of the growth agenda. It contains the well publicised new presumption in favour of sustainable development. The NPPF replaces over a thousand pages of government planning policies with a single 59-page document. So what are the key implications for developers and the planning process?  View full briefing

Rights of light injunctions: premature claims will be struck out; Playing fields may become more attractive for development; Port owner opposes grant of renewal lease but does not abuse a dominant position; Independent experts – do you want them to have the final say? Disappointment as government consultation on pre-pack sales leads to no change View full briefing

This table gives an overview of some of the main legal and regulatory proposals affecting the UK real estate investment sector. It includes details of timings and the impact of the various issues. View full briefing

Real Estate newsletter - March 2012 View full briefing

The growth of smartphones has revitalised the potential of proximity marketing in shopping centres, exhibition spaces, concert and sports venues, and other public places. View full briefing

2011 saw international investors snap up prime London assets. Problems in the Eurozone, a scarcity of bank finance, low economic confidence and Government spending cuts all present a conundrum for 2012. View full briefing

Real Estate newsletter - January 2012 View full briefing

Property contracts: creating a contract by email and the importance of clear drafting; Dilapidations Protocol to become part of the Civil Procedure Rules; Interim rent: it is for the court to decide what is reasonable; Litigation or arbitration? The claimant must choose which procedure to follow; Consultation on reform of bankruptcy and winding up procedures View full briefing

On 6 December HMRC finally released the detailed draft changes to the REIT regime promised in late summer. Whilst there were a few disappointments for some, there were no major surprises. View full briefing

Real Estate newsletter - November 2011  View full briefing

Sale by auction: a contract will only be corrected if there is an obvious mistake; Time for a change? The Law Commission to overhaul the law on easements and covenants; Business tenancies: landlord's intention to occupy need not be a prudent business decision; Guarantors: repeat guarantees are invalid following landmark Court of Appeal decision; Rent review: improvements will be rentalised if tenants cannot provide the necessary evidence  View full briefing

Real Estate newsletter - September 2011 View full briefing

Earlier this month the Department of Health issued guidance on the future of Primary Care Trust Estates (PCT), in particular the transfer of property comprising "service critical clinical infrastructure" to aspirant Community Foundation Trusts (aCFT), other NHS Trusts and Foundation Trusts (FT) (together Acquiring Trusts). View full briefing

A tenant's guarantor cannot be required to give a guarantee when the tenant assigns its lease. Such a guarantee will be invalid. This was confirmed today by the Court of Appeal in the long-awaited House of Fraser decision (which affirms the decision in the Good Harvest case). View full briefing

Real Estate newsletter - July 2011 View full briefing

HEADLINES: Expert witness immunity abolished: expert witnesses can now be sued for negligence; Landlords and tenants: what to do if protestors occupy your property; Action group fails in battle with developer over village green; Developers ignore restrictive covenants at their peril; Expert determinations: their role in subsequent High Court proceedings View full briefing

Potential changes to the country's planning policy have been proposed in a draft of the National Planning Policy Framework (NPPF) recently presented to the Government.  View full briefing

Real Estate newsletter - May 2011 View full briefing

HMRC have lost the first ever SDLT avoidance case in the First Tier Tribunal (FTT).  View full briefing

Real Estate newsletter - March 2011 View full briefing

Real Estate Update January 2011 View full briefing

Investors in real estate funds are motivated by the prospect of enhanced returns on their investment, often as a result of being able to access expert management skills and new markets and sectors. In the aftermath of the financial crisis and downturn in real estate markets, investors want to reshape and strengthen the industry. View full briefing

Real Estate newsletter - November 2010 View full briefing

Environmental civil sanctions are an alternative means of enforcement to criminal sanctions (including prosecution), available for use by both the Environment Agency (EA) and Natural England (NE).  View full briefing

The Environment Agency (EA) is becoming more pro-active in inspecting and enforcing compliance with Site Waste Management Plans (SWMPs).  View full briefing

Real Estate newsletter - September 2010 View full briefing

Although commercially there may be cases where it is not possible, developers should endeavour to settle all potentially actionable interferences with rights of light with neighbouring owners prior to commencing a development to avoid the risk of injunctive relief being granted.  View full briefing

The Government is proposing to give struggling companies a protected moratorium against enforcement action, to help them to negotiate a restructuring deal with their creditors. View full briefing

The High Court held in February that a guarantee given by the existing tenant’s guarantor in respect of an assignee’s obligations was void and unenforceable.  View full briefing

Real Estate newsletter - July 2010 View full briefing

With the introduction of the CRC Energy Efficiency Scheme (the CRC Scheme), further due diligence on property acquisitions should now be undertaken. View full briefing

Real Estate newsletter - May 2010 View full briefing

Statutory adjudication of disputes over construction contracts was introduced to counter unacceptable delays and expense in traditional dispute resolution processes. The courts have in the last few days re-affirmed their determination to make sure that losing parties in these interim decisions cannot avoid paying up simply by complaining that an error in the decision amounts to a 'breach of natural justice'. View full briefing

'Opening doors - The potential of joint ventures to deliver new homes via Local Housing Companies' was commissioned by Nabarro LLP to get a clearer view on one of the key issues facing local government today - identifying the most effective methods of delivering new homes. This report focuses on joint ventures, investigating LHCs as one option. View full briefing

The court has clarified that administrators must pay rent as an expense of the administration when they use property. View full briefing

The law is moving on with the times – we think! At the end of last year, for the first time, the Courts issued an injunction, requiring a bank to make reasonable adjustments to disabled access to its premises, at the cost of £200,000. The EAT gave us some helpful guidance on how employers should treat the rising number of employees undergoing IVF. And, the compensation rates for unfair dismissal came down (yes, down) to reflect the current economic conditions.

What should you make of all this?  View full briefing

The Government-led Penfold Review was launched in December, with a deadline for industry to contribute by 10 February 2010.

The review is examining how to streamline the process for obtaining consents which do not form part of the planning process. The time presently taken to obtain such consents is perceived to cause delay and uncertainty and impact upon investment. The Department for Business, Innovation and Skills, (BIS), has called for evidence, with a view to identifying barriers and delays in the consent process. They are seeking input from industry representatives, private sector developers, Local Authorities and regulatory bodies.  View full briefing

The Construction Plant Hire Association's Models Conditions for Plant Hire 2001 (CPA Model Conditions) are widely used throughout the construction industry. The CPA Model Conditions are rarely varied by parties. Often they are simply relied upon as being capable of covering all eventualities. Regularly, owners of plant hire out their plant, together with one of their employees to operate it. They often work under the illusion that if anything goes wrong (that results in a legal claim for damages), the CPA Model Conditions will successfully protect them from liability. This is simply not always the case, as the recent case of Jose -v- MacSalvors Plant Hire Ltd [2009] vividly illustrates.  View full briefing

Real Estate update View full briefing

The reduced rate of VAT (15% instead of 17.5%) ends on 31 December. This date is, of course, a few days after the December quarter day. In the vast majority of cases this rent will have a VAT rate of 15% (assuming the rent has VAT on it).  View full briefing

On 20 November 2009, the European Commission (the “Commission”) formally requested the United Kingdom to amend its VAT grouping rules on the basis that they are incompatible with current European legislation. The UK has two months to comply after which the Commission may refer the matter to the European Court of Justice (“ECJ”). View full briefing

Public authorities will need to be familiar with new rules on procurement remedies now that the Public Contracts (Amendment) Regulations 2009 have been published. View full briefing

* Editorial: More government action required to stimulate a dormant development market. * Carbon Reduction Commitment: Get ready. * New competition rules for supermarkets. * Enforcing development guarantees. * Incentives to clean up brownfield land. * Planning Policy Statement 4: Promoting economic development? * Carrying out works: health & safety compliance saves lives and money.  View full briefing

Many jurisdictions offer flexible vehicles and a favourable tax environment, so fund location has tended to be a matter of familiarity and manager preference. There is a growing appetite for funds focussing on Asia using a variety of fund vehicles from Cayman to Singapore. Luxembourg is still the favoured domicile for vehicles holding pan-European real estate. For UK real estate funds, Jersey domiciled unit trusts acting as feeder funds into UK Limited Partnerships are still the vehicle of choice. This guide gives a quick review of the most popular fund vehicles. View full briefing

Tax issues are often a key factor when investing in UK Property, many of which are summarised below. The Real Estate team at Nabarro include specialist property tax lawyers experienced in guiding clients through the myriad of tax considerations that often arise. View full briefing

Can the real estate business put sustainability at the heart of the leasing process? John Staheli looks at some of the issues. View full briefing

Following the commitment in the Planning White Paper Planning for a Sustainable Future (2007) to review the assessment of proposals outside town centres, the Government has now published draft amendments to Planning Policy Statement 6: Planning for Town Centres (PPS6). These are aimed at "refining" the current policy approach. View full briefing

EPCs will have a number of business impacts - An EPC is required when you build, sell or rent a building. - First deadline is for property over 10,000m² where contracts are to be exchanged (to sell or rent) on or after 6th April 2008. - Planning & preparation are crucial. There is a shortage of suitable assessors. - We recommend gathering plans, specifications & data about buildings in advance. - Landlords may be able to recover the cost of an EPC through the service charge. View full briefing

Gordon Brown has put the need to bolster the UK’s international competitiveness at the top of his economic agenda. As part of this he has said that 2008 will be a “decisive year” in long term changes to and reform of the planning system. View full briefing

Developers and local planning authorities (“LPA”) are already well aware of the need to prepare an Environmental Statement (“ES”), for planning applications for certain large schemes. View full briefing

Hazel Blears, the Communities Secretary, recently announced that Entec has been asked to review the planning system with the aim of enabling small businesses to install renewable energy microgeneration equipment without the need for obtaining planning permission. Specifically, Entec’s brief is to look at the barriers that inhibit the installation of small-scale renewable and low carbon technology equipment and consider whether the installation of this technology could be considered permitted development. View full briefing

UK investment into Europe is booming. In the first half of 2006 UK investors spent around €6bn (£4.09bn) on real estate in mainland Europe. This compares with investments of around €1.5bn (£1.02bn) for the same period a year earlier and €4bn (£2.72bn) in the last six months of 2005. View full briefing

Nabarro ist seit über 40 Jahren einer der überragenden Rechtsberater von Grossanlegern im Immobilienmarkt. View full briefing

2007 sees the launch of the UK-REIT. German and Italian REITs are set to follow. REITs have become a global phenomenon. However, whilst there are many similarities the structures and regimes differ from country to country. This guide gives a quick review of four of them. View full briefing

Nabarro has been one of the UK’s pre-eminent providers of legal advice to major real estate investors for the last 40 years. View full briefing

Mieteinnahmen einer britischen Niederlassung oder Vertretung eines ausländischen gewerblichen Investors aus Immobilieneigentum in Großbritannien unterliegen einer Körperschaftssteuer von 30%. View full briefing

On 1 January 2007, the UK launched its new investment vehicle: the UK real estate investment trust (UK-REIT). The vehicle is intended to introduce greater flexibility, liquidity and tax efficiency into the UK commercial property sector. View full briefing