2012
03.02.12
Flood and Water Management Act 2010: changes to reservoir regulation take effect
Among a raft of much-publicised measures introduced by the Flood and Water Management Act 2010, are certain key changes to the way in which reservoirs in England and Wales are regulated and managed.
25.01.12
Property update - January 2012
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
2011
15.12.11
Property update - December 2011
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
25.11.11
ECJ decision challenges HMRC's stance on property rental business transfers of going concerns
In Finanzamt Ludenscheid v Christel Schriever, the European Court of Justice considered the application of the German "transfer of a going concern" (TOGC) provisions to the sale of a retail business. The decision will be of interest to UK real estate businesses.
23.11.11
Government Housing Strategy announced
The Government has published its eagerly awaited Housing Strategy in order to inject some much needed momentum into the housing market and boost the economy.
10.11.11
Local Enterprise Partnerships funding announced
Ministers have announced a £500 million capital funding package, the 'Growing Places Fund', aimed at kick-starting stalled development projects, in order to deliver new homes and jobs.
08.11.11
Property update - November 2011
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
19.10.11
Draft Finance Law 2012: increase in taxation on transactions
On examination of the draft Finance Law for 2012, three amendments, adopted at the finance committee stage, caught our tax specialists' attention.
13.10.11
Business premises renovation allowances: a 100% relief for capital expenditure
The business premises renovation allowance (BPRA) is a type of capital allowance, and it is a particularly generous one.
20.09.11
Property update - September 2011
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
17.08.11
More enterprise zones announced
Ministers have announced 13 more enterprise zones hard on the heels of the four zones announced in July for Birmingham, Leeds, Bristol and Sheffield.
17.08.11
Public procurement and development agreements - clarity still needed on pecuniary consideration
It is more than four years since the European Court ruled in Jean Auroux and Others v Commune de Roanne that traditional development agreements are public works contracts for the purposes of the Public Contracts Regulations.
12.08.11
Where the buck stops: claims against police authorities under the Riot (Damages) Act 1886
This week's dreadful scenes of rioting and looting will leave a lasting headache with cash strapped police authorities already facing the costs of police overtime in dealing with the disturbances.
27.07.11
Court of Appeal rules on validity of guarantees on lease assignment
The Court of Appeal has given its ruling in the case of K/S Victoria Street v House of Fraser (Stores Management) Ltd.
20.07.11
Property update - July/August 2011
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
01.07.11
Carbon Reduction Commitment - changes ahead for data centres
Greg Barker, the Minister for Energy and Climate Change, yesterday announced proposals to simplify the Carbon Reduction Commitment scheme (CRC). This follows a suite of consultations published in January.
30.06.11
Carbon Reduction Commitment - more changes ahead
Greg Barker, the Minister for Energy and Climate Change, has today announced proposals to simplify the Carbon Reduction Commitment scheme (CRC). This follows a suite of consultations published in January.
29.06.11
The Law Commission has recommended a series of reforms to the law governing third party rights over land. If implemented, many of the recommendations would be of particular assistance to developers.
24.06.11
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
18.05.11
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
12.05.11
Village greens: judgment in favour of developers
Where a development is proposed, it is not uncommon for an application to be made by local residents to register the proposed development site as a village green.
31.03.11
OFT guideline on land agreements
From 6 April 2011, all land agreements will become subject to competition law. Following a consultation which ran from October 2010 to January 2011, the Office of Fair Trading has published the final form of its guidance on how competition law will be applied to land agreements.
23.03.11
In today's Budget, the Chancellor of the Exchequer emphasised the Government's "growth" agenda, encouraging investment as a route to a more balanced economy.
22.03.11
Property update - March/April 2011
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
23.02.11
Playing within the rules: regeneration projects and EU procurement - a return to life before Roanne?
As many public bodies and prospective developers have found to their cost, the application of the procurement rules to development agreements following the case of Jean Auroux and others v Commune of Roanne has delayed many schemes.
17.02.11
Property update - February 2011
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
07.02.11
Will developers have to pay the new 5% rate of stamp duty land tax for residential property?
From 6 April 2011 the rate of SDLT applicable to acquisitions of residential property will increase to 5% where the purchase price exceeds £1,000,000. Will this new rate apply to the acquisition of land for residential development or where proposed development sites already have houses on them?
21.01.11
Property update - January 2011
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
2010
15.12.10
Property update - December 2010
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
13.12.10
How to stay cool when the Government turns up the heat
In this weather, most property managers will be more concerned with boilers than air-conditioning. But another deadline is fast approaching under the energy performance of buildings legislation in relation to air-conditioning systems.
19.11.10
Carbon Reduction Commitment - new consultation published
Following the changes announced in the Spending Review, the Government has published a consultation on amendments to the CRC Energy Efficiency Scheme.
17.11.10
Property update - November 2010
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
10.11.10
Cala Homes succeeds in challenge to "abolition" of regional spatial strategies
The High Court has today upheld Cala Homes' challenge to the revocation of the Regional Spatial Strategies (RSS) by Eric Pickles. The claim was that the purported revocation was unlawful because it required primary legislation.
10.11.10
Local Enterprise Partnerships: 24 steps forward
As 24 Local Enterprise Partnerships set about developing their boards, the Government White Paper "Local growth: realising every place's potential" gives more clues about their role.
02.11.10
The retreat from Roanne continued? Commission v Spain (Case C-306/08)
Consideration of the application of the EU procurement rules to development agreements by the European Court continues with the publication of the Advocate General's opinion in the case of European Commission v Spain on 16 September.
29.10.10
In its Spending Review, the Coalition Government again signalled that it is looking to introduce tax increment financing (TIF) into the UK. TIF is aimed at encouraging local authorities to support economic growth in their areas, with particular emphasis on property-led urban regeneration.
21.10.10
Data centre operators lose out in spending review
Yesterday's comprehensive spending review included a radical change to the CRC (Carbon Reduction Commitment) Energy Efficiency Scheme.
19.10.10
Property update - October 2010
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
20.09.10
Property update - September 2010
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
13.09.10
Rights to light - a worrying tale for developers
The High Court has granted a mandatory injunction requiring the removal of two floors of an office block after they had been completed because they infringed the right to light of an adjoining owner. Wragge & Co's real estate experts analyse the effects of this potentially worrying decision.
31.08.10
EPCs and DECs - more changes ahead
A new EU Directive has now been passed and must be brought into effect in the UK by 9 January 2013, although the government has hinted that certain changes may be implemented sooner. Find out what this means for you and your business.
27.07.10
Three years after the High Court ruled that a company voluntary arrangement in relation to Powerhouse was unfairly prejudicial to landlords, another CVA has been struck down on the same grounds.
22.07.10
Property update - July/August 2010
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
22.06.10
'Overspent, not overtaxed' - the Emergency Budget
George Osborne delivered his first fiscal statement as Chancellor of the Exchequer in today's Emergency Budget. As with all emergencies, we saw the flashing blue lights of tax-raising headlines and triage to deal with the wreckage of the structural deficit in the British economy.
16.06.10
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
12.05.10
Competition law and land agreements: as safe as houses?
Are your land agreements facing an uncertain future?
10.05.10
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
15.04.10
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
24.03.10
The Budget 2010 was billed as "Securing the Recovery", but is perhaps better branded as a "Budget for First-Time Buyers".
15.03.10
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
01.03.10
The High Court has ruled on one of the most fiercely debated questions arising out of the Landlord and Tenant (Covenants) Act 1995.
15.02.10
Property Update - February 2010
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
22.01.10
Is rent payable as an expense of administration?
The High Court's decision in Goldacre (Offices) Limited v Nortel Networks UK Limited (in administration) provides welcome confirmation that rent for premises used for the benefit of creditors must be paid as an expense of the administration.
15.01.10
Property update - January 2010
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
13.01.10
Perpetuities and Accumulations Act 2009
The Perpetuities and Accumulations Act 2009 will come fully into force on 6 April 2010 by virtue of a commencement order announced in Parliament last week.
2009
15.12.09
Landmark decision on disability access
Disabled customers have a right to enter your building and you have a duty to help them, even if they can get all the services you provide on-line or elsewhere.
30.11.09
Property Update - November/December 2009
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
24.11.09
Non-UK resident companies and liability to UK tax
It has been long-established law that the test for tax residence of a non-UK incorporated company is the place from which central management and control (CMC) is exercised. To answer this question requires a determination of by whom CMC is exercised.
17.11.09
Perpetuities and Accumulations Act 2009
The Perpetuities and Accumulations Act received Royal Assent on 12 November. The Act radically alters the way in which the rule against perpetuities applies to property transactions.
29.10.09
Property update - October 2009
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
15.10.09
The Carbon Reduction Commitment - the UK's new carbon emissions trading scheme - is almost upon us. The scheme, which is now known as the CRC Energy Efficiency Scheme, officially starts in April 2010.
08.10.09
The Business Rate Supplements Act 2009 provides levying authorities with a discretionary power to impose a business rate supplement (BRS) of up to two pence per pound of rateable value to fund certain projects that promote local economic development.
01.10.09
Business rates and tenants in administration
Where a landlord forfeits its lease, subject to any available relief or exemption, the landlord is liable to business rates in respect of the premises.
10.09.09
Property update - September 2009
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
27.07.09
Foxtons outfoxed: OFT wins ruling against unfair standard terms aimed at consumers
A recent case has served as a useful reminder of the importance of ensuring consumer contracts are fair and in plain English. In Office of Fair Trading v Foxtons Ltd [2009] EWHC 1681 (Ch), the High Court has ruled in favour of the Office of Fair Trading.
16.07.09
Property update - July/August 2009
Wragge & Co's real estate experts bring you the latest property law issues.
03.07.09
Carbon Reduction Commitment - Implications for the data centre sector
The Department for the Environment and Climate Change has published the Draft Carbon Reduction Commitment Order 2010. This has shed light on how the Carbon Reduction Commitment scheme will work and what energy consumers need to ensure compliance.
16.06.09
Last week saw van maker LDV placed into administration. The ripple effect will be felt far and wide, touching LDV's suppliers, and those who supply goods and services to LDV's suppliers.
12.06.09
In the case of Hanoman v Southwark London Borough Council, the House of Lords held that housing benefit from the local authority did constitute a 'payment of rent' for the purposes of s153B Housing Act 1985.
11.06.09
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
28.05.09
Non-resident companies and UK tax on chargeable gains
Non-UK resident companies are still outside the territorial scope of UK corporation tax on chargeable gains, provided that the company does not have a UK permanent establishment.
07.05.09
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
28.04.09
Local authority's duty to house a homeless minor
The Court of Appeal's decision in the case Alexander-David -v- London Borough of Hammersmith and Fulham (2009) EWCA Civ 259, provides local housing authorities (LHA) with practical and approved suggestions on its duty to house a homeless minor.
23.04.09
Budget 2009 sukuk: Real estate from an Islamic perspective
The sukuk market was booming in 2007 but has since come to a standstill.
22.04.09
Today Chancellor Alistair Darling made his second, and one of the most eagerly awaited, Budget statements. Is this a Budget for real estate? The good news is limited.
08.04.09
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
08.04.09
The Community Infrastructure Levy
Regeneration and development requires additional infrastructure to support it. The CIL is a new statutory planning tariff which will aim to ensure that a proportion of the cost of providing that infrastructure is obtained from landowners and developers.
30.03.09
When are overseas trust companies UK resident?
On 27 January 2009 HM Revenue & Customs published draft guidance on the application of the residence tests to overseas trust companies. This guidance is important and relevant to investors holding an interest (or units) in an offshore trust or unit trust.
27.03.09
The credit crunch has had a grim and unsparing impact upon most markets. Asset prices and investment returns have fallen globally - albeit some markets and products have been affected more (or less) severely than others.
10.03.09
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
02.03.09
Backdated business rates - paying in instalments
On 9 March 2009 regulations will come into force allowing for backdated business rates to be paid in instalments where a rating list is altered with retrospective effect.
11.02.09
Property update - February 2009
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
30.01.09
Making investments in UK real estate - a tax haven for non-UK residents?
There are many factors making the United Kingdom an attractive investment destination for a non-UK resident. One of these factors is favourable UK tax treatment and tax incentives given to investment in UK real estate.
22.01.09
The decision of the Lands Tribunal in Leicester City Council v Theo Master will be of interest to all landlords seeking to establish a reserve service charge fund for future repairs in Right to Buy properties.
14.01.09
Property update - January 2009
Wragge & Co's real estate experts bring you the latest property law issues.
06.01.09
In the summer, the Government announced plans to bring unsold private sector developer stock into the affordable housing sector by providing £200 million funding through the then Housing Corporation's affordable housing programme.
2008
24.12.08
Flying golf balls defeat village green
Town or village green applications arise from a piece of 1960s legislation which allows local inhabitants to apply for registration of land as a TVG where they can show that they have used it for more than 20 years "as of right".
24.12.08
Security in uncertain times - performance bonds, parent company guarantees and advance payment bonds
Whatever the economic climate, a local authority entering into a building contract will be concerned about protecting its position in the event of contractor insolvency. In today's market, these concerns are particularly acute.
10.12.08
Property update - December 2008
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
17.11.08
The Planning and Energy Act received Royal Assent on the 13 November and came into force on the same date. The Act allows local councils in England and Wales to set reasonable requirements in their development plan documents.
10.11.08
Property Update - November 2008
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
05.11.08
The House of Lords has overturned the Court of Appeal's ruling in Scottish & Newcastle Plc v Raguz, commenting that the decision of the High Court and the Court of Appeal produced "some remarkably silly consequences".
05.11.08
Three High Court decisions have provided commentary in this property finance update.
17.10.08
Olympics update - a round-up of all the latest news
Wragge & Co's latest round-up of Olympic news has a strong focus on the energy resources which will be powering the Games.
09.10.08
24.09.08
The regulations which introduced the requirement to obtain Energy Performance Certificates and Display Energy Certificates also impose obligations to inspect certain air-conditioning systems by 4 January 2009.
18.09.08
In the current climate, landlords need to know what steps they can take if they suspect that their tenant is, or may be about to become, insolvent.
18.09.08
Energy Performance Certificates - new regulations published
New regulations have been published which amend the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007. The new regulations extend the transitional period for EPCs and make various other changes.
10.09.08
Property update - September 2008
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
14.08.08
The lender's duty to obtain a proper price on a sale
In the current economic climate, it is not surprising that an increasing number of lenders are enforcing their security by exercising their power of sale either directly or by appointing a receiver.
13.08.08
Energy Performance Certificates - updated guidance
The Department for Communities and Local Government has published a second edition of its guide to Energy Performance Certificates for the construction, sale and let of non-dwellings.
06.08.08
Those involved in high density city centre developments may face claims that the scheme infringes rights of light enjoyed by one or more adjoining owners.
30.07.08
Offshore electricity transmission - publication of draft tender regulations
The Department for Business Enterprise and Regulatory Reform has published a first draft of regulations containing the legal framework for the methodology for determining how and to whom offshore transmission licences will be granted.
29.07.08
Property update - July/August 2008
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
10.07.08
Residential landlords and Energy Performance Certificates - new guidance
Energy Performance Certificates (EPCs) for buildings in the social or private rented sectors will be required on lettings to a new tenant from 1 October 2008.
30.06.08
Securing exclusive appointments
Read Wragge & Co's expert analysis which demonstrates why any property agent or surveyor needs to get the drafting of their exclusive appointments right if they are to secure payment.
27.06.08
Wragge & Co LLP's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
23.06.08
Mortgage fraud and a chargee's power of sale
The recent case of Barclays Bank plc v Guy is an important Court of Appeal decision that includes important commentary on the provisions of the Land Registration Act 2002. Wragge & Co's legal experts analyse the decision and provide useful action points.
27.05.08
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
20.05.08
From 1 October 2008, public authorities and institutions providing public services to large numbers of people must exhibit a Display Energy Certificate in their buildings over 1,000 square metres.
01.05.08
Is that exclusion clause enforceable?
The Court of Appeal has reversed an earlier court decision which refused to allow a party to rely on an exclusion clause contained in its standard terms of business. Read our expert analysis of the case.
25.04.08
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
17.04.08
The property developer's step-by-step guide to generating green energy
Wragge & Co's construction and energy experts have compiled an analysis of the ways in which green energy can be produced and a step-by-step guide on how to become a renewable energy producer.
28.03.08
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
18.03.08
Energy Performance Certificates - transitional provisions published
Weeks before Energy Performance Certficates become compulsory, the Government has published regulations containing transitional provisions.
21.02.08
30.01.08
28.01.08
Caught on camera - New CCTV Code of Practice out today
As public awareness of rights under Data Protection legislation increases, those who use CCTV should be aware of the appropriateness of their use of CCTV and their handling and storage of the data and images it produces.
24.01.08
Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.
2007
18.12.07
10.10.07
20.09.07
16.08.07
26.06.07
05.06.07
01.06.07
20.02.07
HM Treasury consults on collective investment scheme exemption amendments for property transactions
On 1 February 2007, HM Treasury began its consultation on whether the Schedule to the Collective Investment Schemes Exemption Order should be amended to clarify its application to certain types of property transaction.
