Property Development

Our team guides developers across all the legal stages of a project. Before work starts, we assist with site acquisition and due diligence, including title investigation, planning searches and negotiation of conditional contracts or option agreements. During the development, we support you on the legal framework, deal with planning obligations and address any issues that arise. As the project completes, we handle plot sales, site disposals and the discharge of development obligations.

An overage agreement, sometimes known as a clawback or uplift clause, entitles a seller to receive an additional payment if the buyer later develops the land in a way that increases its value. They’re commonly used in development land transactions to allow landowners to share in any planning uplift achieved after the sale. We draft and negotiate overage agreements for both landowners and developers, advising on trigger events, calculation mechanics and enforcement provisions to make sure the clause works effectively.

A conditional contract is one where the parties agree to buy and sell subject to certain conditions being satisfied, most commonly the grant of planning permission. If the condition is met, the purchase proceeds; if not, the contract falls away. Conditional contracts are useful where a buyer needs to assess planning prospects before fully committing to a purchase. We advise on the structure of conditional contracts and the conditions themselves, making sure the agreement properly protects your position in either outcome.

Complex title situations arise on development sites for various reasons: missing documentation, historic rights, unregistered land, boundary uncertainties or existing encumbrances (charges or other burdens on the land). We investigate title carefully, identify any issues and advise on solutions, whether that’s indemnity insurance, negotiating with neighbouring landowners or working with HM Land Registry.

Yes. We handle plot sale programmes for developers, including the legal documentation, liaison with buyers’ solicitors and coordination of completions across multiple plots. We set up the legal structure at the outset so that plot sales can proceed efficiently as the development progresses. This includes title splitting, the transfer of obligations and conditions, the discharge of development obligations on individual plots, and any infrastructure agreements required to be in place before sales can proceed.