Site Development Solicitors
If you are developing a site and need specialist legal support to manage the transaction, the title, and the contractual framework, our solicitors, with over 25 years of experience in commercial property and development law, can help.
Site development in England and Wales requires legal input across planning law, land acquisition, construction contracts, infrastructure agreements, and financing simultaneously.
Getting the legal structure right from the outset, before planning conditions are discharged and before construction begins, is considerably cheaper than resolving problems once work is underway. We advise and represent developers, investors, and building professionals on:
- Acquisition of development land, including conditional contracts, option agreements, and unconditional purchases under the Law of Property Act 1925.
- Option agreements, allowing developers to secure the right to purchase land at a future date, typically once planning permission has been obtained.
- Conditional contracts and pre-emption agreements, structuring acquisitions so that completion is linked to planning outcomes or other conditions.
- Title investigation and remediation, identifying and resolving restrictive covenants, easements, rights of way, and other title issues that may obstruct development.
- Planning agreements and obligations, advising on affordable housing requirements, infrastructure contributions, and other conditions attached to planning permissions.
- Development finance, acting for borrowers in commercial development lending transactions, including managing conditions of drawdown.
- Joint venture agreements for development, setting out structure, decision-making, profit-sharing, and exit arrangements between development partners.
- Infrastructure and easement agreements, including access rights, services, and shared infrastructure needed for the development to function.
- Construction contracts, advising on the legal framework for the build and the allocation of risk between developer, contractor, and professional team.
- Sale of completed units or disposal of the development site, acting on the legal completion of individual plot sales or the disposal of the development as an investment.
Why choose Law Lane for site development matters?
Development projects involve more parties, more documents, and more potential legal pitfalls than almost any other property transaction. Our team works across all the legal disciplines required for development, from title and planning law through to construction and finance documentation.
Acting on both sides of development transactions means we understand what landowners want from an option agreement and what developers need from a planning condition. That perspective makes us more effective negotiators when the parties’ interests diverge.
Our Lexcel accreditation from the Law Society of England and Wales, and our 4.95 review rating from over 1,200 reviews, reflect our high standard of work. We give clients a realistic timetable, keep them informed at every stage, and ensure the legal work does not become the bottleneck in the transaction.
Get in touch
Our commercial property team is ready to advise on your development project today. We have the experience and in-house resource to support complex projects from land acquisition through to disposal. Please phone: 020 7870 4870 or email: info@lawlanesolicitors.co.uk
Law Lane Solicitors is proud to be accredited under The Law Society’s Immigration and Asylum Accreditation.
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I recently used Law Lane Solicitors for a property matter and the service was outstanding. Ata Ur Rahman was professional, knowledgeable, and kept me fully informed throughout the whole process. He handled everything efficiently and made what can be a stressful experience feel straightforward and hassle free. I would highly recommend Law Lane Solicitors to anyone looking for reliable and expert legal advice. Thank you for all your help. – SF – Google review
Frequently Asked Questions – Site Development
What is an option agreement in a development context?
An option agreement gives a developer the right to purchase a site within a specified period, subject to obtaining planning permission. The developer pays an option fee for that right and is not obliged to complete the purchase if planning is not obtained on acceptable terms. The landowner agrees not to sell to anyone else during the option period. Option agreements are common in England and Wales, where the viability of a development depends on planning outcomes that are uncertain at the time of the initial agreement.
What is a section 106 agreement and why does it matter?
A section 106 agreement is a legal obligation entered into between a developer and a local planning authority as a condition of planning permission under the Town and Country Planning Act 1990. Common obligations include affordable housing contributions, off-site highway works, open space provision, and payments towards local infrastructure. Section 106 obligations run with the land and bind any future owner. We advise developers on negotiating the scope and terms of section 106 obligations before planning permission is granted.
How are restrictive covenants dealt with in development transactions?
Restrictive covenants that restrict the use or development of a site must be identified and resolved before construction begins. Options include obtaining insurance against enforcement of the covenant, applying to the Upper Tribunal (Lands Chamber) for the covenant to be modified or discharged, or negotiating a release with the person entitled to enforce it. The right approach depends on the nature of the covenant and the likelihood of enforcement.
What legal structure should a joint venture development take?
The right structure for a development joint venture depends on the parties’ respective contributions, their tax positions, and how they want to share profits and manage risk. Common structures include a special-purpose vehicle, a limited liability partnership, or a contractual joint venture without a separate entity. Each structure has different implications for liability, control, and exit. We advise on the appropriate structure at the outset.
When should I instruct a solicitor in the development process?
The earlier we are instructed, the more effectively we can help. Legal issues identified before an option agreement is signed or before planning is sought are almost always cheaper to resolve than those identified after contracts are exchanged. Early instruction also allows us to structure the transaction to minimise stamp duty, address title issues, and produce a legal framework that funders will accept.
What is the difference between an option agreement and a conditional contract?
An option agreement gives the developer the right, but not the obligation, to purchase a site. A conditional contract creates an obligation to buy and sell, but only once specified conditions are met, such as the grant of planning permission. The distinction matters because it affects each party’s position if the conditions are not met or if one party wants to withdraw.
What happens when planning permission is granted subject to conditions?
Planning conditions impose obligations that must be discharged before certain stages of development can proceed. Pre-commencement conditions must be satisfied before building work starts. Pre-occupation conditions must be met before any part of the development can be used or occupied. We work alongside planning consultants on the discharge of conditions process and advise on the legal implications of unmet conditions for acquisition or development contracts.
How much does an initial consultation cost?
We offer a fixed-fee initial consultation for development matters. At that meeting, we review the project, identify the legal issues at each stage, and give a clear costs estimate for the work involved. Please get in touch with us to arrange a time.
Commercial Conveyancing Team
Saghir Ahmad
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Brian Hoffman
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Amrit Kaur Grewal
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Ata Ur Rahman
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Ganga Gunatilake
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Adedamola Adedeji
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Kainaat Malik
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Rahat Ara Gitu
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Amina Aziz
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Esra Demirtas
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Farzana Mohammed
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Christian O. Nwaorah
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Hafza Hassan
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Hina Latif
Legal Consultant / RFLView Profile | ContactBook Appointment
Aiziya Khan
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Sanushi Sumaya Hemantha
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Syed Umer Ali
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