Property Development
Property development is a legally complex and capital-intensive process. At the Jonathan Lea Network, we provide commercially attuned, detail-focused legal advice to developers, landowners, promoters and investors looking to realise the potential of land and buildings. From pre-acquisition negotiations to post-completion disposals, our multidisciplinary team supports your project from start to finish.
We’re here to mitigate risks, enhance deal certainty, and give you the strategic legal edge that delivers real-world results.
Who We Act For
We advise a broad spectrum of clients including:
- SME and institutional property developers
- Landowners
- Housebuilders and housing associations
- Joint venture vehicles and SPVs
- Private investors and financiers
Our involvement spans everything from small-scale residential extensions to complex, multi-phase mixed-use and strategic urban extensions.
Our Full-Service Property Development Offering
- Strategic Land and Site Assembly
We advise on the acquisition of unallocated and allocated land for future development. Services include:
- Option agreements and promotion agreements
- Overages, uplifts and clawback provisions
- Conditional contracts and deferred consideration
- Title examination and rectification
- Easements, covenants, and access negotiations
- Landowner collaboration agreements
We bring clarity to multi-party arrangements and mitigate risks associated with fragmented ownerships or rights over land.
- Planning Law and Section 106 Agreements
Our team works closely with planning consultants to steer your application to approval. We advise on:
- Planning applications and appeals
- Certificates of lawful use or development
- Section 106 and infrastructure agreements
- CIL (Community Infrastructure Levy) implications
- Judicial review challenges
- Affordable housing allocation and viability assessments
We ensure your planning documentation is legally robust and commercially workable.
- Development Structuring and Joint Ventures
Structuring the deal correctly at the outset is critical to risk management and tax efficiency. We can:
- Form and advise on SPVs and LLPs
- Draft development agreements and heads of terms
- Advise on joint venture structures and equity investment
- Allocate development risk, profit shares, and exit strategies
- Review shareholder agreements and cross-default provisions
Whether you’re partnering with landowners, investors, or builders, we create documentation that balances all interests.
- Funding and Finance Support
Securing development finance requires clarity of security and priority. We assist with:
- Senior and mezzanine lending arrangements
- Facility agreements and security documentation
- Personal guarantees and intercreditor deeds
- Bridging finance and equity injections
- Development appraisal and covenant reviews
We work with banks, private lenders and institutional investors to ensure your project is well-capitalised and compliant.
- Construction Law and Procurement
Our construction specialists draft and negotiate:
- JCT and NEC suite contracts
- Collateral warranties and professional appointments
- Design and build agreements
- Project monitoring and insurance issues
- Letters of intent and early access arrangements
- CDM and health & safety obligations
We protect your position through tailored contracts that keep your programme and budget on track.
- Residential and Commercial Plot Sales
We offer a dedicated, high-volume plot sales service tailored to developers. Our services include:
- Drafting contract packs for residential and commercial units
- Managing infrastructure and management agreements
- Leasehold structuring and estate rent charges
- Fast turnaround and support for marketing launches
- Acting for affordable housing disposals and staircasing
Our efficiency and responsiveness support quick completions and strong cashflow.
- Disputes and Risk Management
If issues arise, we’re on hand to help. Our litigation team advises on:
- Development agreement breaches
- Construction and defects disputes
- Party wall and boundary disputes
- Title and restrictive covenant challenges
- Disputes with local authorities or funders
We aim for pragmatic, commercially driven outcomes, whether through negotiation, mediation or litigation.
Property Development FAQs
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What legal agreement is best for acquiring development land – option or promotion agreement?
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An option agreement gives a developer the exclusive right, but not the obligation, to buy a piece of land at an agreed price within a set period, usually after securing planning permission. This structure gives the developer control and flexibility, with the landowner receiving an upfront option fee and, if exercised, the agreed sale price. Option agreements are favored by developers who want certainty over acquiring the land if planning is successful.
A promotion agreement, on the other hand, involves the landowner partnering with a promoter (often a developer or specialist). The promoter seeks planning permission at their own cost and then both parties work together to market and sell the land to third parties, usually aiming to maximise sale value. The promoter is paid a pre-agreed share of the net sale proceeds, aligning their interests with the landowner.
The best choice depends on your priorities: if you want control over the site and the ability to acquire it yourself, an option agreement is often preferable. If your goal is to maximise sale value with shared risk and reward, especially where you don’t intend to develop the land personally, a promotion agreement may be better. Legal and commercial advice should be sought to tailor the agreement to your objectives
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Do overage clauses apply to residential and commercial schemes?
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Overage (uplift) clauses can be used in any type of development to secure a future payment based on increased land value. We frequently draft overage provisions tied to planning gains, unit sales or use changes. Key legal points include trigger events, valuation mechanisms, and security measures (e.g. charges or restrictions).
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What happens if there’s a defect in title or restrictive covenant on the land I want to develop?
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These issues must be uncovered in pre-acquisition due diligence. Some can be insured against via indemnity policies, while others may require deeds of variation or release from third parties. Attempting to develop without resolving or disclosing these risks may expose you to injunctions, enforcement or financial claims.
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Is VAT payable on land transactions and development?
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This is a specialist issue. Most land sales are exempt from VAT unless the seller has opted to tax. Development costs may attract VAT, and partial exemption rules may apply depending on end use (e.g. residential vs. commercial). We work closely with tax advisers to structure transactions in a VAT-efficient manner.
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How can I protect myself if a construction contractor defaults or goes insolvent?
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Key protections include:
- Performance bonds
- Parent company guarantees
- Retention mechanisms
- Step-in rights in contracts
- Collateral warranties and novation agreements
These are legal tools we help build into your construction documentation from the outset.
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Are joint ventures always legally binding partnerships?
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Not necessarily. Joint ventures can be formed via company shareholding (SPV), contractual agreements or even trusts. Legal advice is vital to choose the correct structure, particularly when tax, liability, exit rights and profit share are involved.
How We Can Help
Whether you’re buying, selling, or merging an e-commerce business, The Jonathan Lea Network offers specialist legal support to guide you through the complexities of online business transactions. From protecting digital assets to managing cross-border considerations, we work to safeguard your commercial interests and deliver a seamless outcome.
We provide comprehensive legal advice for e-commerce M&A transactions, including:
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Acquisitions and disposals of freehold and leasehold properties, including agricultural land and buildings
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Construction contracts
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Development projects including planning agreements, options, conditional contracts and joint venture arrangements
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Leasebacks and re-financings
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Leasehold arrangements and landlord and tenant negotiations
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Leasehold enfranchisement;Planning contracts including s.106 agreements
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Residential site assembly and plot sale disposal
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Short term licence to occupy agreements
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Vacant property management, including property guardian contractual documentation
Contact Us
Contact The Jonathan Lea Network to schedule a free consultation with our experienced property development solicitors. We provide comprehensive legal solutions to safeguard your interests and ensure a successful transaction.
📞 Phone: 01444 708640
✉️ Email: wewillhelp@jonathanlea.net
🌐 Online Contact Form
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However, please be aware that the free 20 minute call is at our discretion. If you are more looking for advice and guidance on an initial call, we may instead offer a one-hour fixed fee appointment instead.
Our fixed fee appointments are between £200 – £300 + 20% VAT (£240 – £360 inclusive of VAT) depending on the seniority of the solicitor taking the call.