Site Set Up Solicitors
We provide comprehensive site set-up services for residential property developers. We thoroughly review everything so you know all aspects of your development are legally sound and compliant. Our expert team guides you through the complex process of obtaining necessary permissions, negotiating infrastructure agreements, securing deeds of easement, and managing the transfer of open spaces.
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Infrastructure agreements in residential property development are legal contracts between developers and local authorities or other relevant parties to ensure the necessary infrastructure is in place to support a new development. These agreements are often negotiated as part of the planning process and can be legally binding, with penalties for non-compliance.
These agreements typically cover the provision of services such as roads, drainage systems, utilities (water, electricity, gas), and public amenities (such as parks or schools) that are essential for the new housing community.
Infrastructure agreements ensure the development meets local planning requirements. It also outlines whether the infrastructure needed to support the new homes is to be funded or maintained by the developer or local authority.
Working with a residential development solicitor is key to successfully delivering these agreements. We review the terms to make sure they're legally sound, your interests are protected, and all obligations are clearly defined. We also help navigate complex negotiations, address any legal challenges, and ensure compliance with local planning regulations, providing peace of mind throughout the development process.
A deed of easement is an agreement that gives one property owner the right to use a portion of another property for a specific purpose. For example access to utilities, or drainage but there is no transfer of ownership.
Deeds of easement are often needed so that the necessary rights of access or the ability to run services (such as electricity, water, or sewerage) are in place for the new development. These deeds can be crucial when a development relies on land owned by a third party for essential services or access.
Our role is to draft contracts with terms that are legally valid, precise, and enforceable. We also register the easement is with the Land Registry, preventing future disputes and clarifying the rights and responsibilities of all parties involved. Proper legal advice helps avoid complications, providing a secure framework for long-term property use and ensuring compliance with relevant regulations.
A management agreement details the requirements for setting up and administering the managed areas of a development. Our property development lawyers understand the challenges that can occur if these management arrangements aren’t agreed upon at the outset of a new development. They have the expertise to negotiate a robust management agreement for the residential development. Our property development specialists ensure the agreement covers all aspects of the managed land, including the schedule of when responsibility passes from the developer to you.
We’ll ensure your management agreement details your duties and responsibilities and those of the developer, including budget and reporting requirements. The agreement will contain the legal and practical handover requirements of the managed areas on the development. We know how important this is for the smooth handover and transfer of the land to you. Your agreement will also set out what is required for the sale and completion of plots and how the relationship between the plot purchaser and yourselves is to be established. A clear and consistent relationship between you and the purchaser sets the relationship on the right footing for the smooth management of the development.
When it comes to managing the needs of a residential development, you’re looking for more than just a solicitor – you want someone who understands your objectives and makes them their objectives. We have the expertise to ensure you know your responsibilities and when they begin. We work with you to understand your criteria and ensure the management arrangements established by the agreement are included in the plot sales documentation. Where additional documentation is required such as a Deed of Covenant between the plot purchaser and you, we’ll make sure it’s agreed in advance and forms part of the plot sales documentation.
Management agreements can be complex. We aim to simplify the difficult and deliver an agreement that works for you and your development.
A professionally drafted management agreement provides the structure for a well-managed residential development, but this is only one piece of the jigsaw. Our experienced team of property development lawyers understand that the legal and practical arrangements need to be cohesive. We understand that as a management company, your focus is to provide an inviting landscape for the enjoyment of residents. At the conclusion of a development, you’ll be looking to arrange a handover of the amenity areas without delay so that your maintenance responsibilities can commence. We’re here to support you throughout and will ensure that the legal arrangements – including the legal transfer of the open space from the developer to you – keep pace with the practical arrangements.
Our specialist property development team understand that any delay between you carrying out the practical maintenance of the amenity areas and the legal transfer of land being completed can cause issues. Whether a residential development is ongoing or the practical handover has already happened, we’re on hand to review the arrangements and provide you with the advice and support you need to keep the development running smoothly.
The legal transfer of the open space will cover the legal arrangements. This will include your right to access the land and will contain the responsibilities of the residential developer and yourself relating to the land. You may need the assurance of the developer’s warranties in relation to the amenity areas. Our team will make sure that the legal transfer covers what you need for the development.
Legal transfers of open space can be overlooked as a formality. We bring the formalities into focus and deliver a legal transfer that works for you and your development, giving you the confidence that the necessary legal arrangements are in place. The earlier our relationship begins the quicker we can act on the legal transfer of the managed land, which is essential to eliminate delays in the management of amenity areas.
To speak to a solicitor about a residential development, get in touch with Switalskis today by calling 0800 138 0458 or contact us through the website.