Commercial Property Development Lawyers

Before committing to a commercial development, it’s essential to address a range of legal considerations to reduce risk and ensure the viability of the project. Key issues include securing clear title to the land, assessing restrictive covenants or rights affecting the site, and carrying out thorough due diligence, including environmental and planning assessments. Developers must also review zoning and planning policies, infrastructure access, and any third-party interests. Early legal input helps to highlight potential obstacles, advise on funding arrangements, and ensure agreements with joint venture partners or contractors are robust and commercially sound.

Section 106 agreements typically require developers to contribute to local infrastructure, affordable housing, or community amenities. While they can add cost and complexity to a project, they are often essential for securing planning approval. Our expert team of planning lawyers work closely with developers to ensure obligations are fairly negotiated and structured in a way that supports the commercial viability of your development.

Obtaining planning permission involves submitting a formal application to the local planning authority, supported by technical reports and plans. Public consultation and possible revisions are often part of the process. Our specialist legal planning solicitors can support and guide you through the process.

We support developers through all legal aspects of land acquisition and site assembly, ensuring title issues are resolved and contracts are structured to align with development milestones. Our team conducts rigorous due diligence, negotiates conditional contracts and options, and advises on overage provisions and rights of access. Where multiple parcels of land are required, we manage the strategic assembly of the site, identifying risks and coordinating negotiations to keep the acquisition on schedule and within budget.

Common risks include delays in planning approval, title or access issues, environmental liabilities, construction disputes, and market fluctuations. These can lead to cost overruns, legal claims, or stalled projects. Early legal involvement allows us to identify and address these risks before contracts are signed. We structure agreements with built-in flexibility, advise on compliance, and ensure key protections are in place – such as step-in rights, collateral warranties, and carefully drafted termination clauses – so your project stays commercially viable.

There are several options for structuring joint venture developments, each with its own legal and commercial implications:

Corporate joint venture – a separate limited company jointly owned by the parties.

Partnership or LLP – useful for flexible profit-sharing and tax planning.

Contractual joint venture – no separate entity; obligations and rights are governed by contract.

Development agreement – typically used when one party provides the land and the other the development expertise or funding.

We advise on the most appropriate structure based on your objectives, risk appetite, and desired control.

Our team advises on environmental compliance from the outset, helping developers understand their obligations under environmental law, including contamination, waste management, and biodiversity requirements. We review environmental reports, negotiate warranties and indemnities, and advise on planning conditions tied to sustainability standards such as BREEAM or energy efficiency targets.

For renewable or low-carbon developments, we also provide advice on regulatory approvals and funding frameworks. This proactive legal support helps ensure your development meets environmental expectations without compromising on delivery.

Construction contracts must clearly allocate responsibilities, liabilities, and timelines. Key protections include performance bonds, insurance provisions, warranties, and robust dispute resolution mechanisms. Our team of construction lawyers provide tailored advice to ensure your agreements align with your development’s commercial goals,