What legal advice do I need for industrial property developments? - Palmers Solicitors

What legal advice do I need for industrial property developments?

What legal advice do I need for industrial property developments?

When developing industrial commercial property for sale or rental, you will need to seek advice on meeting your obligations in order to reduce risk to yourself and your business.

With a substantial market for industrial properties, we have seen a growth in the number of development projects undertaken by commercial clients – but also a corresponding rise in misunderstandings involving industrial property law.

Our Head of Commercial Property, Elena Nicolaou, takes a deep dive into the elements of industrial property developments which require significant legal advice to reduce the potential for financial penalties and project delays.

Land use

Certain land and existing properties will have use regulations attached meaning that they cannot be used for certain purposes.

Developers will need to seek advice on whether they are permitted to build or redevelop industrial commercial property on a site, and how to obtain the right permissions and regulatory approvals.

Environmental compliance

Developers need to ensure that their projects comply with environmental laws and regulations and do not cause harm to the surrounding areas.

This includes conducting environmental assessments and obtaining necessary permissions related to air and water quality, waste management, and hazardous materials.

Certain areas may carry additional requirements to protect the surrounding areas, such as agricultural land or preservation sites.

Rights and services

It is important as part of your site due diligence that you ensure the site can be accessed via the public highway and is not land locked.

In addition, you should ensure that in respect of any development services are available for the site or if any new connections are required, they can be connected from the public highway and where required any consents are obtained.

Planning

On any major development we would recommend a pre apps meeting with the relevant local authority this can often be insightful and allow you to amend any planning application that may need to be submitted for the development.

You should also consider whether the relevant local authority has adopted CIL and whether the scheme for which planning may need to be obtained will require you to enter into a s106 agreement that will require s106 contributions all of which are relevant to the viability of the scheme.

Occupational Tenancies

If the site being bought is subject to occupational tenancies it is essential that any such tenancies can be terminated or will come to an end at the time you require to undertake the development so that it does not impact on your timescales.

Title

It would be advisable to investigate the title of the site well before to see if it is caught by any restrictions or whether the land is subject to an overage.

Restrictive covenants can normally be dealt with through indemnity insurance but often came at a substantial cost depending on the general development value of the scheme and you may need to factor this into your negotiations for the purchase price of the site.

Putting the right contracts in place

When developing industrial property, it is important to have the right construction and supply contracts in place, detailing:

  • The scope and timescale of the project
  • Expectations of quality
  • Expectations and requirements of environmental protections and sustainable materials
  • Costs and payments

Not seeking advice on contracts can cause significant delays in your project and lead to disputes in the future.

Financing

We can advise you on aspects of financing an industrial property project, including the most appropriate way to structure its finances through debt, equity or a combination of both.

Depending on how you finance your development, you may need advice on:

  • Securities and disclosures to investors
  • Financial reporting
  • Loan agreements and negotiations
  • Joint partnerships and ventures

Early advice can help you to minimise risk as industrial property developments can run up significant costs.

Dispute resolution

Legal advice can help establish processes for resolving disputes that may arise with contractors, tenants, or regulatory bodies, potentially avoiding costly litigation.

As specialists in commercial property law, as well as construction, employment and dispute resolution experts, we can support you throughout the life cycle of an industrial commercial property development – making sure you have everything in place for a successful project.

We can advise you on the development, management and leasing of industrial commercial property. Contact us to find out more.