Annoying buildings: why property developers need early legal input
A building can mean different things to different people and, as the saying goes, beauty is in the eye of the beholder. A building can inspire, it can stimulate and it can sometimes intimidate but it is important to note that it can also annoy. If this annoyance is in a legal context then it can potentially cause problems, especially for property developers.
So what is the solution?
Anyone who is considering developing a property, whether one that they are purchasing or one that they already own, should always seek early input from a solicitor and not just a planning consultant. This is to specifically ensure that there are no covenants on the title to the property which could prevent its redevelopment. It is not unusual for a title to contain a restrictive covenant which prevents anyone using the land in such a way so as to cause a nuisance or annoyance. The benchmark for such a test is applied on a case by case basis but the threshold is such that it can easily catch out ill-prepared property developers which can lead to serious ramifications for building work.
If you are considering property development work, to navigate around these pitfalls please speak to a member of our commercial property team or the author Dewi Paddock.